Legal Question in Family Law in Oregon
Oregon Child Support
The DA's office dealing with child support, all attorney's and the county courthouse all tell me that prorating the last month of child support (month child turns 18) is not legal. That the billing is on the First of the month (which my orders show) and that even though the child turns 18 (on the 19th of the month) That the payer (the ex) cannot prorate the payment. He did..and won't call the state to prove ....he said he did what he felt was right and as far as he is concerned it is my obligation to find it ''in writing'' and prove to him that he owes me the balance. Trouble is, it seems to be an implied statute and isn't really available in ''print'' Can you help me find such ?
1 Answer from Attorneys
Re: Oregon Child Support
OREGON ADMINISTRATIVE RULES re Child Support.
OAR 137.055.5040(6) -- Accrual and Due Dates --
When the support obligation terminates during any month, the support obligation will not be pro-rated for the month, unless the order for support provides otherwise. In any month:
(a) If the support obligation terminates on or before the payment due date for the month, no installment will be due for that month.
(b) If the support obligation terminates after the payment due date for the month, the entire monthly installment will be due for that month.
(c) If the support award specifies that payments are due on a basis other than monthly, such as weekly, bi-weekly, or semi-monthly, the provisions of subsections (a) and (b) will apply to the specified payment period rather than monthly.
See:
http://www.dcs.state.or.us/oregon_admin_rules/child_support_rules/055_5040.pdf
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