If the custodial parent quit there job to start school & work part time, lost the health insurance. does that affect my support?

Asked over 1 year ago - Portland, OR

My son's mom quit her job in late January to go to a vocational school again, which means she lost her private health care but he has always had OHP even with the 2 privates he once had. She is working part time for minimum wage and her oldest daughter just moved out (which she was claiming as an additional child). Does this affect my child support in any way?

Attorney answers (3)

  1. Jay Bodzin

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The amount of child support that is presumed correct under Oregon law is calculated according to a complex algorithm. It factors in the income of each parent, the amount of time (measured in overnight stays per year) that the child spends with each parent, and a few other things. This page contains an application for computing support amounts: https://justice.oregon.gov/guidelines/

    Support amounts do not change automatically when one of these variables changes. A parent has to file a motion with the Court (or request administrative review, if support enforcement is being provided by the Division of Child Support, of the Department of Justice).

    Before you do this, you should figure out how your new support obligation, using the new numbers, would compare to your previous obligation. The fact that the mother has a lower income now than she did before does not necessarily guarantee that your new support obligation would be lower. Depending on what your own income is, it might actually make the obligation higher.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. David J. McCormick

    Contributor Level 20

    2

    Lawyers agree

    Answered . She would have to go back to court to try to lower your child support based on the change in her financial situation. She can’t do it on her own without court approval.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  3. Diane L Gruber

    Pro

    Contributor Level 18

    Answered . If and when she files for a child support review, you child support MAY go up.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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