Legal Question in Family Law in Oregon
child support
My ex orginialy recieved custody of our 2 children i was paying $300 per month for current supportand $60 toward arrears. In August 2005 we started legal proceedings for my now husband to adopt the children (my ex's idea). My ex agreed to remove the child support arrears upon completion of the adoption but i can't afford to do the adoption because i am still being charged current and back support so my ex is collection the money meant to support his kids while i am supporting his kids. Child support office told me they wouldn't do any changes until my ex told them to. can i have the child support removed without my ex and can i get back the $300 a month for current support he has been collecting for 38 months?
1 Answer from Attorneys
Re: child support
If the children are now residing with you, with father's knowledge and consent, you need to file a motion with the court (NOT with support enforcement) asking for a court order giving you legal custody and terminating the existing support order that calls for you to pay support to father.
Although father could voluntarily refund money that came from your for the period of time that the kids have been residing with you, the court cannot order him to do it involuntarily. (The court's authority is limited to making only a prospective support change, not a retroactive support change.)
As to your present husband adopting the children, this is a relatively easy and simple procedure, particularly since you have consent and no objection from the children's father. I can't understand when this has not done long ago.
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Telephone: 503.224.8884
Fax: 503.226.1321
E-mail: [email protected]
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