Legal Question in Family Law in Oregon
I was told that Oregon child support guidelines are being changed and will go into effect January 2013. If I request a modification in 2012 but don't get a hearing until 2013, would the order be based on the 2012 or 2013 guidelines? We currently have a 'class order' with 2 children. One turns 21 next year. I would like to stipulate on a per child, per month order. If my ex rejects my request, I'll ask for a judicial modification with the same terms/income and go the distance to subpoena financials, etc. so I'll need to allow time for that. If I can get him imputed at his last salary, along with my current salary it will cause a slight increase in the total CS paid until my oldest turns 21.
1 Answer from Attorneys
The version of the Guidelines in effect when you file your modification motion with the court will control. For a judicial modification of support, as a procedural foundation for modification, you must show that a substantial change of circumstances has occurred since the question of support was last adjudicated. If you satisfy the foundational requirement, the court will then apply the Guidelines formual to the latest financial information about the parties in order to calculate the revised amount of the support obligation.
And administrative review and possible modification may be done by a support enforcement agency, without need for a change-of-circumstances showing, if it has been at three years since the current support obligation went into effect.
Unlike child support, there is no mandatory parental obligation for support of adult offspring 18 years and older, even if they are attending school. It is a matter of discretion, not a matter of right. Further, since the purpose of "adult support" under ORS 107.108 is to provide a means of financial support for young adults who seek to pursue their educational endeavors AND who are presumably in NEED of parental support in order to do so, the determination of the amount of the obligation should be based on evidence of the adult student's actual financial need (and NOT simply the incomes of the parents). "The more you make, the more you pay" applies to CHILD support determinations, not to ADULT support determinations. (If the student's actual need for parental support in order to go to college is $100 p/m, what difference does it make that dad is making $10,000 p/m?)
For further discussion, if you wish, give me a call and schedule an office conference. Conference fee is $150, payable at the commencement of the conferencel
LAWRENCE D. GORIN
http://ldgorin.justia.net/index.html
Law Offices of L.D. Gorin
6700 S.W. 105th Ave., Suite 320
Beaverton, Oregon 97008
Telephone: 503.716.8756
Fax: 503.646.1128
E-mail: [email protected]
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