Legal Question in Family Law in Oregon
X-Wife
My boyfriend's X Wife just lost her job and is in debt with two homes in her name. Now she is asking for his income and mine. They have been divorced for around a year and share custody of a 10 year old girl. Can she collect any money from him for any reason??? There was never child support or spousal support involved in the divorce decree.
1 Answer from Attorneys
Re: X-Wife
QUESTION:
Can she collect any money from him for any reason???
ANSWER:
NO, she can only collect child support. And only from him, not you. Even if you become his wife.
And the amount of child support is based on a formula (The Oregon Child Support Guidelines) that is premised on the incomes of the parents. The "needs" of the custodial parent, and the needs of the children, and their reasonable expenses (mortgage payments, etc.) are generally not relevant. As a practical matter, the child support obligation is based on the incomes of the parents, without consideration of actual need (or lack thereof). And, in essence, usually, the more you make the more you pay. If mother is not working and has no income, the Guidelines will attribute "potential income" to her, the amount be equal to fulltime employment at the current state minimum wage, for purposes of making the support calculation (this is required because the formula requires that BOTH parents have income, otherwise the formual will not work).
LD Gorin
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Telephone: 503.224.8884
Fax: 503.226.1321
E-mail: [email protected]