Skip to main content

Oregon Child Support - New Guidelines in 2013. If I petition in 2012 but don't get a hearing 'til 2013, what year will be used?

Portland, OR |

I was told that child support guidelines are being changed and will go into effect January 2013. If I request a modification in 2012 but don't get a hearing until 2013, would the order be based on the 2012 or 2013 guidelines? We currently have a 'class order' with 2 children. One turns 21 next year. I would like to stipulate on a per child, per month order. If my ex rejects my request, I'll ask for a judicial modification with the same terms/income and go the distance to subpoena financials, etc. so I'll need to allow time for that. If I can get him imputed at his last salary, along with my current salary it will cause a slight increase in the total CS paid until my oldest turns 21.

Also - if I go through the administrative review process, can I request the per child, per month terms?

+ Read More

Attorney answers 2

Posted

If you have a pending modification at the time the guidelines change, the new guidelines will apply. Normally, child support is calculated as a class order, however, since one child will soon no longer be eligible for support, it would save time to do it as a per child order to avoid another modification. If your ex won't agree to this, you can make this argument to the judge and let him or her decide. Although courts generally follow the guidelines and do class orders, they are permitted to do it differently if they feel it is apporopriate.

Asker

Posted

Thanks, Mark. Unfortunately... I have a judge who is not known for deviating from the guidelines. I will probably just have to suck it up and continue paying the current amount until both children no longer qualify for support.

Posted

The guidelines used will be whichever are in effect at the time the court issues its order.

I have never heard of using a "per child, per month" order of this type. But in any case, the order will specify that support ends or modifies when a child becomes ineligible. It would certainly be wise for you to have the order spell out what support will be both before and after your eldest turns 21.

Nothing posted on this site is intended to create an attorney-client relationship. 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: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

Asker

Posted

Thanks, Jay. The court facilitators seem to be familiar with the 'per child' order. Your suggestion to spell out that support be modified when my eldest turns 21 makes sense, as well. From what I understand, when there is more than one child included on a CS order, if support is suspended for one, their proportionate share is redistributed to the other child/ren on the order. It's a little unclear if support is suspended for the paying parent when there is only one child on the order. Looks like it gets paid to the custodial parent until a modification takes place. That hardly seems fair so perhaps I've misread that section of ORS 107.108(10) "If a parent ordered to pay support is paying a prorated share under subsection (5) of this section and that obligation is suspended under subsection (8) of this section, the parent shall pay to the obligee the amount previously paid to the child attending school until such time as the support order is modified. "

Jay Bodzin

Jay Bodzin

Posted

Support being suspended is different from support being ended entirely due to the child turning 21. Anyway, there's no reason to think that the child support rules are fair.

Asker

Posted

Forgive me for adding confusing. I realize suspension is different from ending support. I was referring to suspension when one (or both) children fail to meet the requirements (such as failing classes or are no longer attending school). The way I'm readin the rules is that the payment ceases to be paid directly to the child and is redirected to the obligee until the order is modified (again!) Keeps the obliging parent pay no matter what OR running to court all the time. Just sayin' :)

Jay Bodzin

Jay Bodzin

Posted

No, when a child ceases to be eligible, the payment stops. You don't have to pay for a child who doesn't meet the requirements. You should consult with an attorney if you're modifying child support. The little snippets of information you can get from reading the rules, without the larger context, can cause problems.

Asker

Posted

Thanks again, Jay. Yep - I am scheduling a consult to clarify the 'snippets'.

Asker

Posted

Thought I'd share what I learned today. The correct term for what I'm seeking is 'per capita' and is generally only obtained through stipulation. I also learned that because of the judge assigned to our case, I have a slim to zero chance that he will order what I am requesting (the per capita terms, as well as the imputed income) because he is just not wired to think outside the use of the guidelines, even though he is in a position to do so. An unfortunate instance of having an attorney who was not fully informed, thereby unable to protect their client (in this case - me).

Child support topics

Recommended articles about Child support

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer