Legal Question in Family Law in Oregon

Mom paying child support to Dad.

Under Oregon law, both parents have a duty of support for their minor child. Oregon uses a formula to calculate each parent's share of the total support obligation, with each parent's share being based on that parent's pro-rata share of their total combined income. So, for example, if non-custodial parent brings in 2/3 (66.67%) of the total income between the two parents, he/she is then responsible for 2/3 (66.67%) of the amount determined under the Child Support Guidelines to be the total support obligation, with the custodial parent then being responsible for the other 1/3 (33.33%).

In hindsight, giving up your claim for unpaid back support was a mistake. Are your absolutely positive that you have, in fact, done so? Did you sign a "Satisfaction of Judgment" document, with your signature being notarized and the document then being properly filed with the court? If you did not follow this procedure, it may be that the support judgment is still intact. (Many people think that if they direct the Support Enforcement people to discontinue enforcement action, that that is all they have to do to "write off" the debt. Not so.)

Now, with your son residing with father, there is no way you can avoid being hit with a child support obligation (unless father decides not to pursue the matter). Unless the court otherwise orders (which generally will not happen unless both parties so request), child support will be paid via income withholding. You don't pay directly to the other parent. Rather, the support money is taken from your paycheck and sent to the Child Support Program in Salem, with a State of Oregon check then being sent to the custodial parent.

To get an estimate of what the support obligation will be in your case, use the on-line Child Support Calculator at the following website:

-------> http://dcs.state.or.us/calculator/

Hope this helps.

LAWRENCE D. GORIN

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]