Legal Question in Family Law in Oregon

divorce decree

My son was recently divorced in the state of Oregon. The divorce papers were drawn up by my sons ex-father in law. My son was not able to be served and the papers became valid by default. My sons child support obligation is high. $741.00 for one child. At the time of the divorce he had a fairly good job on a fishing boat in Alaska. He has quit that job and now has had a substantial drop in income. Can he get his support reduced? Does he have to get an attorney in Oregon? (he is currently in Idaho) Can he and his ex-wife agree on a smaller sum of support and have that legalized in the courts?


Asked on 10/13/08, 11:21 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: divorce decree

Can he get his support reduced?

---> Perhaps. If there has been a substantial and unanticipated decrease in his income, that would be a basis on which to seek modification of the existing support order.

Does he have to get an attorney in Oregon? (he is currently in Idaho)

----> No, but it would certainly be helpful. (Akin to saying you don't need a surgeon to do the surgery, but it certainly would be helpful.)

But in any event, he can request modifiction through the Oregon Division of Child Support. Check out their website at:

http://dcs.state.or.us/services/modification.htm

Can he and his ex-wife agree on a smaller sum of support and have that legalized in the courts?

----> Yes, provided what the agree to comports with the amound of support as determined by the application of the Oregon Child Support Guidelines formula.

L.D. Gorin

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Answered on 10/14/08, 1:48 am


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