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?
Personal Injury Lawyer
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.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Family Law Attorney
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: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: firstname.lastname@example.org | Online: www.northwestlawoffice.com
Family Law Attorney
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. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.