Legal Question in Family Law in Oregon

Custody Costs

I have custody of my two children

and have lived in Oregon for the

last two years. Prior to moving here

my custody agreement was

changed to allow for the move. The

children fly back to visit their

mother at Christmas and for the

summer. According to the custody

agreement I pay their travel

expenses. However, plane tickets

have gone up from $600 each last

summer to over $1500 this

Christmas. I am a graduate student

and work but I am probably going

to be out of work after the first of

the year. I can't really afford the

tickets now; if I lose my job there

will be no way I can afford it. Plus

my ex is expecting be laid off for

several months or longer starting

next month so I will be losing child

support from her as well. Is there

anything I can do other than go

back through the court? If I have to

go through the court do I do that in

here in Oregon or where the

original agreement was issued?


Asked on 11/09/08, 2:35 am

1 Answer from Attorneys
Lillian Suelzle Watson Gresham Family & Bankruptcy Law

Re: Custody Costs

I will address the most important question first. Does your former Wife still live in the state where the original judgment was entered? If no, you can request jurisdiction be moved to Oregon. If yes, the jurisdiction will likely remain with the original state.

So if this stays in the original state, you need to follow the procedures there. If it is changed to Oregon, then you can ask for a modification here after you officially move jurisdiction to Oregon. Yes,jurisdiction is changed through the court.

However, the original state (or Oregon) can accept a modification reached by both parties. You did not indicate in your question whether your children's mother will agree to the changes. Some states (Oregon in Multnomah County) offer mediation via telephone so you court discuss issues regarding parenting time, travel and so on.

Again, the first question is which state has the final say regarding changes in the original custody arrangement and in establishing child support.

As you can see this is a complicated answer. Good luck.

Read more
Answered on 11/09/08, 5:53 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Oregon