|
Oregon Child & Spousal Support
(provided by Mark Kramer, Esq.)
Contents
-
1. Determining Child Support
2. Spousal Support
3. Enforcing & Collecting Support
4. Tax Exemptions & Child Support
5. Modifying Your Child or Spousal Support Order
Determining Child Support
Child support in Oregon is based upon presumptive guidelines. The guidelines factors include each parent's income, the number of joint and non-joint children, child care and health insurance needs. Special circumstances may warrant a deviation from the guidelines.
If the paying party is employed, Oregon and federal law provide for wage withholding. Other enforcement remedies include interception of tax refunds, suspension of professional and drivers licenses, and contempt. Enforcement assistance may be available at no charge through the district attorney in the county where the party owed the support lives.
Child support may be paid to a bank account, through the court clerk, or through the Department of Human Resources, or DHR. When the support money is routed through DHR, a number of services become available to both parties, including accounting, enforcement, modification, and periodic review, at no additional charge.
Unlike debts, which may be discharged in bankruptcy under certain conditions, child support is not dischargeable in bankruptcy.
Child support may be modified upon motion of either party, based upon a substantial and unanticipated change of circumstances since the last order. Child support may also be modified through a periodic review every two years by your local district attorney's office. Generally, modifications must be filed before the original obligation expires.
Obtaining and enforcing child support can be difficult. It is always a good idea to obtain professional legal advice.
Spousal Support [ Return to Contents ]
Spousal support also know as Alimony, is awarded to provide a means for a spouse in a divorce to maintain as much as possible a similar economic lifestyle to that enjoyed during the marriage. Alimony may be temporary for a period of months or years, or indefinite. It may be a consistent amount or of a step-down nature. In determining the amount of alimony to be awarded, the court will examine the needs of the party requesting alimony, the ability of the paying party, as well as the length of the marriage. Courts are also concerned about a divorcing persons's likelihood of entering the welfare system without an alimony award.
The law authorizes an individual to enforce an order for support regardless of in which state the obligated and receiving party presently live, and whether the party paying the support presently resides within the United States.
If the paying party is employed, Oregon and federal law provide for wage withholding. Other enforcement remedies include interception of tax refunds, suspension of professional or drivers licenses, and contempt. Enforcement assistance may be available at no charge through the district attorney in the county where the party owed the support lives.
Alimony is considered taxable income to the recipient and is deductible by the paying party.
Unlike debts, which may be discharged in bankruptcy under certain conditions, alimony is not dischargeable in bankruptcy.
Alimony may be modified upon motion of either party, based upon a substantial and unanticipated change of circumstances since the last order.
Generally, modifications must be filed before the original obligation expires.
Enforcing & Collecting Support [ Return to Contents ]
The law authorizes an individual to enforce an order for child support regardless of in which state the order was made or where the individual presently resides within the United States. The enforcement of these orders and the ease or difficulty with which support can be collected depends on which state made the order, in which state the parents and children presently live, and whether the parent who owes the money is employed or has property or other assets which might be used to pay the support.
If the paying party is employed, Oregon and federal law provide for wage withholding. Wage withholding is generally the amount of the support payment, or twenty-five percent of the paying party's net income, whichever is greater. Other enforcement remedies include interception of tax refunds, suspension of professional or drivers licenses, and contempt. Enforcement assistance may be available at no charge through the district attorney in the county where the party owed the support lives. A private attorney can also assist in recovery of child or spousal support by wage garnishment and attachment of bank accounts and other property.
Tax Exemptions & Child Support [ Return to Contents ]
The custodial parent is generally entitled to claim minor children as dependents for tax purposes. Oregon child support guidelines presume that the custodial parent is taking the children as tax dependents. However, parents may agree to divide the exemptions and make their agreement part of a court order. Also, an Oregon court may also direct a parent to claim or not claim a child as a tax dependent.
In some cases, particularly where the person paying support is in a higher tax bracket, it may be more financially advantageous for the paying party to take the children as tax dependents. A number of strategies are available to make sure that the party releasing the exemption is treated fairly. For example, a court may order or the parties may agree to share the financial benefit from one party taking the children as exemptions. A court may order or the parties may agree that any outstanding child or spousal support payments be paid before the exemptions are taken. In some cases, the party releasing the children as exemptions can be reimbursed for any loss incurred by releasing the exemptions.
Awarding and dividing tax exemptions can be complicated. You should obtain professional advice from an attorney, accountant, or licensed tax preparer.
Modifying Your Child or Spousal Support Order [ Return to Contents ]
Your child or spousal support order may be modified administratively or by a court. Unless both parties agree to a change, a support modification is held through a contested administrative or court hearing.
Spousal or child support may be modified upon a moving party showing a substantial and unanticipated change of material circumstances. Such changes may include employment, disability, illness, remarriage or cohabitation. Child and spousal support obligations may only be modified while the awards still exist; in other words, a modification motion must be filed before the obligation expires.
In child support matters only, in addition to a modification based upon a change of circumstances, a district attorney may review the obligation to ensure that it is consistent with the state's child support guidelines. The process, called a periodic review, can occur only every two years and only if a party requests it. To receive help from a district attorney for modification or enforcement, child support must be paid through the Department of Human Resources. For more information, call the support unit of your local district attorney.
Unless otherwise agreed, modifications are only effective prospectively, that is, after approval and filing with the court. All modifications must be formalized and filed with the court. Oral and written agreements may not be enforceable. However, in some cases, a party may be granted credit, or satisfaction, by the other party for payments not made or reduced payments, if both parties agree. A parent is also entitled to a support credit when they obtain physical custody of a child with the consent of the custodial parent.
To determine whether a modification is appropriate for your situation, you should obtain professional legal advice.
Information provided by:
Mark Kramer, Esq. located at
http://www.kramer-associates.com
Go to: Oregon Articles and Resources
|
Please Read Our Disclaimer