I have a child support order that is from 1995 from Washington County, Idaho and we just started receiving payments one year ago. The amount owed is $68,000 and we are receiving $250 a month, which is what the original support order amount was. I was told by support enforcement that I need to obtain a judgement on the arrears to increase the collection amount. My daughter is now 23 and in dental school this money would greatly help to pay the cost of her tuition. My questions are: how do I find out how much the other parent is making so I can base an appropriate amount for them to pay so that the judgement does not exceed 50% of their income? Also do I need to file for the judgement in Washington County Idaho?
Family Law Attorney
I'm assuming, for this question, that you live in Oregon now - if not, you need to consult with an attorney in the state where you live. If your daughter is 23, then she is no longer eligible to receive child support under Oregon law. However, you may still be owed arrears on support obligations that were incurred while she was a minor. You can seek to collect on such a debt in Oregon (assuming, as I said, that you live here) one of two ways: either administratively, through the Department of Justice; or by "importing" the Idaho judgment to an Oregon court, in the county where you live, and filing a motion to modify. When you do this, you and the child's other parent will both be obligated to provide each other with proof of your incomes, including your most recent tax returns and pay stubs.
Note also that in Oregon, child support enforcement can't take more than 25% of a person's pre-tax income, and can't leave them with less than $936 in income per month for full-time work.
You should consult with an attorney in private for guidance on this process. Interstate child support enforcement is very complicated and can take a long time, as the different state agencies have trouble talking to each other.
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Child Custody Lawyer
I agree with Mr. Bodzin that you administratively or judicially have payment collected. I dont know about Idaho but here the state support enforcement takes care of keeping track of arrearage. If he is still in Idaho then Idaho is the appropriate state to enforce. I disagree that your income is relevant. When the wage withholding documents are sent to his employer they complete documents stating how much income they owe the obligor. Your income doesn't matter. So if or when you can get the arearage included (maybe it is but he doesn't make enough), the employer is supposed to withhold the maximum allowed by law.
Shannon L. Hall, Attorney at Law (Licensed in Oregon); 960 Broadway Street N.E., Suite 4, Salem, OR 97301; Phone: 971-209-2443; 245 East 4th Avenue, Eugene, OR 97401; Phone: 541-434-2411 My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-client relationship is not created until a Fee Agreement has been signed. In addition, my suggestions are based on very limited information provided by the Asker and are given based on my experiences and general circumstances. My suggestions may not ultimately be applicable to the Asker's situation because of the limited amount of information provided. No suggestion is guaranteed to be sucessful. Case specifics should not be shared online. You should seek specific legal advice in a private setting.
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