Legal Question in Family Law in Oregon

child support-Oregon

I've had custody of my son for 7 years- child support is $585/mo, currently mother owes me $21,000+ in back child support. Oregon CSD garnishes her wages when they can, but is difficult to get money from her (she has been an RN for 10+ years, earns $26/hr when she works).

She now is starting to collect child support from 3 men for her other children. I only make $12/hr, so any money I can get would be useful. I have 2 questions:

Does the state have a conflict of interest since they know her bank account because they deposit her support money in it, but they don't issue a garnishment against the bank account for the money they try to collect for me? (she has not made a payment to me through the state for 3 months now).

2nd question: Can I issue a lien against the support money she recieves from other men?


Asked on 3/07/07, 9:17 pm

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: child support-Oregon

Question #1

Does the state have a conflict of interest since they know her bank account because they deposit her support money in it, but they don't issue a garnishment against the bank account for the money they try to collect for me? (she has not made a payment to me through the state for 3 months now).

ANSWER: Yes.

Question #2:

Can I issue a lien against the support money she recieves from other men?

ANSWER: No. Child support money is exempt from judgment enforcement remedies. BUT judgment enforcement remedies may be asserted against other property and assets of the judgment debtor (such a real property, retirement accounts, etc.).

Your mistake is depending on the State to act as your lawyer. As you are discovering, that is not the way the system works. Suggest you hire a lawyer whose only obligation to put forth an effort on your behalf.

Give me a call if you wish. We can further discuss your case.

Lawrence Gorin. 503.224.8884.

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Answered on 3/08/07, 4:57 am


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