I want joint custody of my son who is now 7 years old and paternity has been established. His mother and I were never married. She is now married and not working but her husband is. Does his income count as hers? How can this affect my child support order? Can it be reduce or removed if their income exceeds mine? I also have 2 other biological children that live with me full time that I take care of.
First, in Oregon, the parties must agree to an order of joint custody, the court can't unilaterally make this decision. Thus, if the child's mother does not agree, then the only choices left are for either you or her to have sole custody of the child. As far as child support, her husband's income may come into play as a rebuttal factor, but such would need to be better fleshed out. That said, it could affect child support, but likely not to the extent of terminating your support obligation. Be sure to use the child support calculator at the child support enforcement website. Good luck.
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