Family Law Advisor®
Frequently Asked Questions

1. Who will be required to support the children?

   Both parents have a legal duty to support the children.

2. How is child support calculated?

   Under the Oregon "child support guidelines" (mandated by the federal government), a formula is used comparing the available resources of both parents (usually, their gross monthly incomes). The rules describe how to determine a monthly income when a parent is unemployed, self-employed, or working part-time temporarily. Once the parents' incomes are determined, the formula gives the basic support amount. Day care costs and some medical costs can be added to this basic support, and adjustments are possible for split custody (each parent has at least one of their children) or shared custody (each parent has the child a significant amount of time).

3. What if the "formula" amount is too high or too low?

   If it can be shown that the guideline amount is "unjust or inappropriate," the judge can consider various "rebuttal" factors, such as the special needs of a child, or the unusual expenses or resources of a parent.

4. What about health insurance for the children?

   The parent without custody must enroll the children in an available health insurance plan if the custodial parent requests and the costs are "reasonable." The parents will share the cost of health insurance, based on how much income each has, and the child support amount is adjusted accordingly.

5. My ex is delinquent in child support payments. How can I enforce the court order?

   You can file a motion with an order to show cause for "contempt of court" and/or ask for wage withholding, tax refund intercepts or other enforcement actions.

6. That sounds complicated, and I can't afford a lawyer. Will a state agency collect my back support?

   Yes, you may contact your local District Attorney's office for help (but remember, the DA does not represent you or your ex). You may still want to have your own lawyer (if you have your own lawyer, sometimes the court can award attorneys fees).

   In Portland (Multnomah County), contact Michael D. Schrunk, District Attorney for Multnomah County, Support Enforcement Division. For other counties, check with the Oregon Dept. of Justice, Support Enforcement Division, or call their information number in Salem, Oregon, (503) 986-6090.

7. I am worried that my former spouse will file for bankruptcy. Can my "ex" avoid paying child support if bankruptcy is filed?

   Absolutely not. The federal bankruptcy code does not discharge child support or alimony (spousal support).

8. Do I have to report my child support payments as taxable income on my federal income tax return?

   No.

9. Does that mean my "ex" can't deduct the amount paid for child support?

   Yup!

10. Can this change if we both agree?

    No, but you can transfer the children's dependency exemption from the custodial parent to the non-custodial parent, provided the custodial parent completes and signs IRS form 8332.

- - Randall E. Poff, Attorney at Law