Legal Question in Family Law in Oregon
I am in the process of filling out divorce papers and have come to the part where I need to calculate childsupport. my delima is the fact that my soon to be ex is currently unemployed and it will not accept his income amount I am inputting into the system to calculate childsupport amount. he only makes 1161.00 a month and the minimum It will accept is minimum wage which is around 1464.00. Is there a different way to fill out the paper work when one is receiving unemployment? please help...thank you.
1 Answer from Attorneys
For the initial calculation of child support under the Oregon Child Support Guidelines formula, the income attributed to each parent MUST be at least the Oregon state minimum wage based on fulltime employment. So, $8.40 p/h x 40 hrs p/w x 4.33 weeks = $1,454,88. This is based on the PRESUMPTION that both parents are caplable of fulltime employment at the Oregon state minimum wage.
The presumption can be "REBUTTED" by evidence and reasons showing that it would be unjust or inappropriate, given the facts of your particular case, to apply the presumption
The Child Support Rules contain the following provision:
" The amount of child support to be paid as determined [pursuant to the Guidelines formular] is presumed to be the correct amount. This presumption may be rebutted by a finding that the amount is unjust or inappropriate * * *.Both the presumed correct amount and the new amount, in variance from the guidelines, must be recited as part of findings that explain the reason for the variance."
LDG
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