Legal Question in Family Law in Oregon

Re: Child Support

Child support and custody/parenting time issues are separate. You must pay child support. You can go to court to enforce your parenting time rights if your ex is preventing you from seeing your son.

Yes, you still have to pay, but you can also enforce your parenting time rights.

Do I have to pay child support if I am not being allowed to see my son? According to our mediation I am to see him once a month and am not being allowed by my ex.

ANSWER: Under Oregon law, the terms of child support and parenting time (visitation) are designed for the child�s benefit and not the parents� benefit. The noncustodial parent must pay support even if not receiving visitation. The custodial parent must comply with visitation orders even if not receiving child support.

As to denial of your visitation (parenting time) rights, Oregon law, ORS 107.434, now requires the courts in each county, to �establish an expedited parenting time enforcement procedure that may or may not include a requirement for mediation. The procedure must be easy to understand and initiate. Unless the parties otherwise agree, the court shall conduct a hearing no later than 45 days after the filing of a motion seeking enforcement of a parenting time order. The court shall charge a filing fee of $45, subject to ORS 21.605.�

The statute goes on to say that �In addition to any other remedy the court may impose to enforce the provisions of a judgment relating to the parenting plan, the court may:

(a) Modify the provisions relating to the parenting plan by:

(A) Specifying a detailed parenting time schedule;

(B) Imposing additional terms and conditions on the existing parenting time schedule; or

(C) Ordering additional parenting time, in the best interests of the child, to compensate for wrongful deprivation of parenting time;

(b) Order the party who is violating the parenting plan provisions to post bond or security;

(c) Order either or both parties to attend counseling or educational sessions that focus on the impact of violation of the parenting plan on children;

(d) Award the prevailing party expenses, including, but not limited to, attorney fees, filing fees and court costs, incurred in

enforcing the party�s parenting plan;

(e) Terminate, suspend or modify spousal support;

(f) Terminate, suspend or modify child support as provided in ORS 107.431; or

(g) Schedule a hearing for modification of custody as provided in ORS 107.135 (10).

So if your are being denied your court-mandated parenting time, contact the court and obtain the forms necessary to file a Motion for Enforcement of Parenting Time.

=============================

LAWRENCE D. GORIN

Law Offices of L.D. Gorin

621 S.W. Morrison St., Suite 350

Portland, Oregon 97205

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-274-0818

E-mail: [email protected]