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Judgement for child support arrears in another state.

Saint Helens, OR |

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?

Attorney Answers 2

Posted

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.

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<br> Bodzin Donnelly Mockrin & Slavin, LLP<br> 2029 SE Jefferson Street, Suite 101, Milwaukie, OR 97222<br> <br> Telephone: 503-227-0965<br> Facsimile: 503-345-0926<br> Email: jay@bodzindonnelly.com<br> Online: www.bodzindonnelly.com

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Asker

Posted

Thanks for your response. Yes, you are correct, I am in Oregon. So the order ran from 1995-2010 and the arrears are 68,000 based on our incomes in 1995. So why would we both need to provide each other with proof of your incomes, including most recent tax returns and pay stubs. Our daughter is no longer a minor so why would our incomes be necessary, we are not trying to establish a new order just a judgement on the arrears. Also, is this something you would handle or would I have to find an attorney in the county where I live?

Jay Bodzin

Jay Bodzin

Posted

Your income is relevant because monthly payments will be calculated based upon a percentage of the parties' incomes. He can pay more if he makes more. My firm does handle cases in Columbia County, so you're welcome to contact us to schedule a consultation if you're willing to make the trip to our area.

Asker

Posted

Well, I may just have to go back to Idaho then to avoiding having it imported into Oregon if that is and option. At the time of the actual support order I made substantially less than I do now and that order never accounted for the expenses I paid for such as healthcare or daycare. I am sure he made substantially more then than he does now also. So because of that reason it sounds like I will need pursue going back to Washington County to seek the judgement on arrears. Having our incomes reevaluated now at a time when my daughter is not in my home does not seem relevant especially since these payments are helping pay her expenses not mine. I can see basing it on the income from 95-2010 but not my current income, it would not be a beneficial outcome for my daughter based on my current income.

Orion Jacob Nessly

Orion Jacob Nessly

Posted

I'm pretty sure that's not what Mr. Bodzin was saying. It would be a good idea to consult with a local attorney who handles family law, collections, or debtor-creditor work. It sounds like you need to establish the arrearages and then collect on that amount. Your ex's current income becomes relevant because that determines the amount that can legally be garnished.

Posted

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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