Legal Question in Family Law in Oregon

Re: Child Support in Oregon - Effect of remarriage.

REPLY:

I am assuming that you are the obligor parent, i.e., the parent who is paying money to the other (obligee) parent.

Under Oregon�s laws regarding child support, the initial determination is based on the incomes of each parent. This initial determination is presumed to be the �correct� amount of the obligation and is the amount the court (or administrative officer) must order UNLESS the court (or administrative officer) makes a written finding or a specific finding on the record that the presumptively �correct� amount of child support, given the facts of the particular case under consideration, is either �unjust� or �inappropriate.� See ORS 25. 280. And if such a finding is made, the �presumption of correctness� is deemed to have been �rebutted,� with the court (or administrative officer) then making an adjustment so that the final amount actually ordered is, in the opinion of the court (or administrative officer) �just and proper in all the circumstances.

Now here�s what�s important for you, given you question......

In making the determination that the �presumptively correct amount,� (i.e., the �guideline amount,� is either unjust or inappropriate, the court (or administrative officer) generally follows a list of various factors set out in the statute, ORS 25.289, one of which is: �(10) The financial advantage afforded a parent�s household by the income of a spouse or another person with whom the parent lives in a relationship similar to husband and wife.�

Note that this situation applies not only upon to the financial advantage afforded to a parent by the income of a new spouse but also to the financial advantage afforded to a parent by the income of ANY person �with whom the parent lives in a relationship similar to husband and wife.� So if the nature of your present relationship with your significant other is �similar to husband and wife,� your actual marriage to your significant other won�t change the situation or child support determination purposes.

Further note: It is not that actual income of your new spouse or significant other that it taken into consideration. Rather, it is the �financial advantage� that is afforded to you by that income. So, for example, if you have now quit your full time job because you no longer need to work because of the financial advantage afforded by the million-dollar-a-year income of your new spouse, the �financial advantage� would simply be the amount that you previously earned when you were working full time (in essence, income replacement).

Okay..... that�s about all I can offer in the limited space allotted here.

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

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

Fax: 503-226-1321

E-mail: [email protected]