Note: The laws on child support apply to both married and unmarried parents. For unmarried parents, paternity must be established before child support can be ordered. See Questions 23 through 27 for information about how paternity is established.
Money that is regularly paid by a parent to help pay for food, housing, clothing, medical care, day care and other costs for a child. Health insurance is also considered a form of child support. For more information, see Questions 127 through 130.
94. Is legal action needed to force a parent to pay child support?
Yes. The only way to make a parent pay support is to get a support order, which must be signed by a judge or hearing officer. A promise or agreement to pay is not enough, but a judge or hearing officer can approve an agreement or promise and make it a support order.
95. How is child support ordered?
Child support can be ordered in divorce and custody cases. It is ordered when one parent has custody of the child and also when there is joint custody. If you have filed for divorce or custody, your attorney may ask for a support order as part of the case. If you are using 'do it yourself' forms, you should get instructions that explain how to ask for support, if you dont already have a support order.
Child support can also be ordered without a divorce or custody case. The Division of Child Support (DCS, formerly known as SED) will get a child support order if the parent with custody is now getting welfare for your children or if that parent did in the past and there is unpaid support from that time. In all other cases, you can ask the local District Attorney's (DA) office or a private lawyer to get a support order. For more information about how DCS and the DA get child support orders, see Question 109.
96. How is the amount of child support decided?
Since 1989 there have been guidelines and charts that must be used in all Oregon child support cases. The guidelines take into account many factors, such as the incomes of the parents, other children the parents have to support, and work-related day care costs for the children.
Under the guidelines it is assumed that all parents can work 40 hours a week at minimum wage and pay at least $50 per month in child support, but this can be challenged. It is sometimes possible to get a child support order which is different from the amount listed in the guidelines and charts.
The
Oregon Department of Justice has an online child support calculator
available at its Web site here: http://dcs.state.or.us/
97. Do clothes, presents, and travel costs count as child support?
Unless your child support order says otherwise, usually only money payments made to the State of Oregon or to the bank account of the parent with custody will count as child support payments. Gifts and clothes, and cash that is not paid the way that the support order requires will not count as child support unless both parents agree in writing afterwards that these contributions were child support. (Receiving these types of contributions from the other parent could create problems for parents getting welfare.)
98. Can the child support order include insurance coverage?
A parent can be ordered to pay for medical insurance for the children if it is available through work, a union, or a group. The cost of the insurance coverage will increase or decrease the child support payment, depending on which parent is providing the insurance. See Question 127. A parent can also be required to buy a life insurance policy that names the children as beneficiaries. See Question 130.
99. How long does child support have to be paid?
In Oregon, a parent usually must pay child support until the child is 18 years old. If the child is going to school or job training at least half time, and maintains at least a C average, the child support can continue to age 21 and be paid directly to the 18-20 year-old child. The child support can stop before a child reaches 18 if the child gets married, joins the military, or in some other way becomes legally emancipated (considered an adult).
100. How do I get a child support order?
If you have filed a divorce or custody case, child support can very often be ordered as part of the case. The Division of Child Support (DCS, formerly SED) will get a child support order if you are now getting welfare for your children or if you did in the past and there is unpaid support from that time. In all other cases, you can contact the District Attorney (DA) or a private attorney for help with child support. DCS and DA services are free.
101. Can I get child support if the other parent doesn't live in Oregon?
In some situations, it is possible for the Division of Child Support (DCS), the District Attorney (DA), or a private lawyer to get an Oregon child support order against a parent who is living in another state. If they cannot, they can send the paperwork to the state where that parent lives and that state can order that child support be paid.
102. Can I get child support if I don't know where the other parent lives?
If you do not know where the other parent lives, the Division of Child Support (DCS) or the District Attorney (DA) can help you look for that parent as long as you are trying to find the parent so that you can get or change a child support order or collect child support.
103. What can I do if the child support order is not being paid?
The Division of Child Support (DCS) or the District Attorney (DA) will help you collect your child support order. They represent the State and not you, but their services are free. You can also contact a private lawyer. See Questions 121 through 124 for information about how child support is collected.
104. Can I stop allowing parenting time if the other parent is not paying child support?
No. You must allow the parenting time that is ordered in your divorce or custody order, even if child support is not being paid.
105. If I am getting welfare for my children, do I still get the child support payments?
No. Child support payments for families on public assistance go to the state to pay for the welfare you are now getting. The state will also keep any back child support collected from the other parent while you are on assistance. But the state cannot keep more than the total cash amount your family received in welfare grants.
106. If I have custody of the children and I am getting welfare, do I have any say in how much the child support order will be?
Yes. You have a right to be told about settlement offers and to agree or disagree with the settlement. If you do not agree with the settlement, you have the right to ask for and participate in hearings about the amount of child support.
107. Can the state make me tell them the name of the father of my child?
You must tell the Division of Child Support (DCS) and the welfare agency the father's name if you are getting welfare for his child, unless there is a very good reason not to. DCS may use the information to get a child support order and to collect child support.
Good reasons for not telling the name of the father are: serious harm to you and/or the child would occur (more serious than being upset); an adoption is pending or planned; or the child was born as the result of rape or incest. If your welfare worker does not agree with your reason for not giving the father's name, you should ask your worker for a hearing.
108. If there is back child support owed, who gets paid first, welfare or me?
If you and your children are still getting welfare, the back child support will go to the state first. If you and your children no longer are getting welfare, you will get paid first until you have been paid back all the child support that was missed after you stopped getting welfare. (Money taken from the other parent's state and federal tax refund is an exception -- it goes first to pay back the state.)
The rules about who gets paid first are expected to change in October 2000 for families who used to receive public assistance. More back support will be sent to the family instead of to the state.
109. How will I know if legal action has been started to order me to pay support?You might be served with court papers that ask for a child support order in a divorce or custody case started by the other parent, or in a paternity or support case that is filed by the District Attorney (DA) or the Division of Child Support (DCS). If you are served with court papers, you must respond in the time given, or the amount of child support stated in the papers will probably be the amount in the support order that is signed by the judge. You may contact a legal aid program or a private attorney if you need legal help.
You might also be sent agency papers asking for child support. These might be labeled as a Notice and Finding of Financial Responsibility (or NFFR). This paper will be sent to you by the Division of Child Support (DCS) or the District Attorney (DA) and will say how much child support the state thinks you should pay. Once you get the NFFR, you have a right to a conference or a meeting with DCS or the DA to try to reach an agreement about the amount of support you should pay.
If you received a NFFR and are not able to reach an agreement about the amount of support, you have the right to have an agency hearing. You can represent yourself or bring a lawyer to the hearing. You must ask for the hearing within 20 days after you get the NFFR, even if you have had a conference or a meeting. (If paternity is involved, you have 30 days to ask for a hearing.) If you do not ask for a hearing in those 20 days and do not reach an agreement, you will probably be responsible for the child support asked for in the NFFR. If you disagree with the child support order after the hearing, you have the right to have a court hearing. The hearing decision will explain your appeal rights to you.
The parent who has the children must be told about any agreements you reach with DCS or the DA and has the right to ask for a hearing on the amount of child support.
110. Do I have to pay child support if I am getting public assistance?
If you are getting TANF (Temporary Assistance to Needy Families), General Assistance, SSI, or OSIP it is assumed that you are unable to pay child support. If you are getting any of these types of public assistance, it must be proved that you can still afford to pay child support before you can be ordered to pay. If you already have been ordered to pay child support and you then begin getting any of these types of public assistance, you can get an order that stops your child support obligation for the time that you get public assistance or until it is proved that you can pay support. The Division of Child Support (DCS) or the District Attorney (DA) will do this for you for free.
111. If I am disabled and my children get Social Security do I have to pay child support?
Yes. You are responsible for paying child support if a child support order says so, even if your children also get Social Security benefits because of your disability. The Social Security benefits that your children get do not count as part of your child support payment (except as explained below). But the benefits your children receive must be considered in setting the amount of support you must pay.
A new law passed in 1999 allows a retroactive (back) award of Social Security benefits to reduce child support arrearages (past child support owed) in some cases. A court or agency can give this credit. You should contact an attorney, the DA or DCS about changing your support order when you become disabled. Contact them about this credit as soon as possible after the Social Security Administration awards the back benefits.
112. If I leave the state, can Oregon still order me to pay child support?
Child support can be ordered in Oregon if you and your spouse lived in Oregon for six months (not necessarily together) and the legal action begins within one year of the date you left the state. (This rule may be true for unmarried parents, too.) Also, if you had sexual relations in Oregon resulting in the child's birth, Oregon can order you to pay support for that child even if you don't live in Oregon now and were only visiting before.
There are other situations where non-Oregon parents can be ordered by an Oregon court to pay support. And a court or agency in the state where you have moved can also order you to pay support for your child in Oregon.
113. If I leave Oregon after support is ordered, do I still have to pay?
Yes. Any state where you live can use the Oregon order to make you pay child support.
114. Can Oregon make me pay child support that was ordered in another state?
Yes.
115. Do I have to support my stepchildren?
Yes. If you marry someone who has custody of children, you must support them. This responsibility stops when the couple gets divorced or when the child is no longer living with your spouse.
116. Can I stop paying child support if I'm not working?
It is almost always a bad idea to stop paying child support. If you are out of work and have only a small amount of money, you can ask to reduce the amount of your child support. See Question 125. When you go to a hearing to get the amount of support lowered, you want to be able to say that you have been doing everything you can to keep up with your support payments. Paying even a small amount helps prove you are trying.
117. Can I stop paying child support if the other parent won't let me visit my child?
Not on your own. You can ask a judge to end the child support order until you get your parenting time. But judges do not like to stop child support payments and they will allow support to be stopped only if there is proof that you have had very serious problems getting visits.
118. If welfare is paying to support my children, why do I have to pay child support?
The child support goes to the state to reimburse it for the welfare paid to support the children.
119. If welfare is paying to support my children, should I wait for the state to contact me?
The sooner the state starts a support case, the more likely it is that a fair order will be issued. If the state can't find you or the support case is otherwise delayed, the state may end up using outdated information that shows a higher (or lower) income than what you currently have.
Avoiding the state when your children receive welfare won't help you avoid paying support for that period anyway. When the state support agency does contact you, you will usually have to pay 'past' support that could have been ordered if the case had started earlier. You will then have current and past support to pay.
120. If the parent with custody is no longer getting welfare, do I still have to pay the support that was ordered by the Division of Child Support (DCS)?
Yes. The DCS child support order is the same as a court order. The ordered support must be paid even after the parent with custody stops receiving welfare. After the welfare is stopped, all of the monthly child support payment goes to the parent with custody for the support of the children, and not to the state.
121. How is child support collected if I am working?
The Division of Child Support (DCS), the District Attorneys (DA), and private attorneys can get orders to withhold wages if the person who is supposed to make child support payments is working. All Oregon employers must now report to DCS within 20 days of the hiring or rehiring of a worker.
For support orders dated after January 1, 1994, wage withholding is automatic from the time when the support order is first issued unless the parents agree in writing not to have it, or a judge finds that there is a very good reason to avoid withholding. This is the law even if the case is not being handled by DCS or the DA. In DCS or DA cases, usually the only way to avoid withholding is by the electronic transfer of wages to the other parent's bank account.
For support orders dated before January 1, 1994, wage withholding may begin when the support is first ordered, when an arrearage exists, or when either parent requests.
For withholding by Oregon employers:
If you are current in paying your support, the amount that can be withheld from your wages is the monthly support amount, but only up to a maximum of 50% of your take-home pay (up to 65% in some cases, if a court agrees after a hearing).
If you are behind in making your monthly support payments, the amount that can be withheld is 120% of the monthly support amount, up to a maximum of 50% of your take-home pay (up to 65% in some cases, if a court agrees after a hearing).
If you do not owe current support, only arrearages (unpaid back support), the amount that can be withheld is the amount of the last monthly order, if there was one, or an amount based on your income and calculated under the child support guidelines. In either case, you must be left with an income equal to a full time federal minimum wage. If these arrearages are owed only to the state (not to the custodial parent), you may be able to have the monthly withholding reduced if you have another child to support.
122. Can my employer fire me if my wages are being withheld?
No. It is not legal for an employer to fire you, discipline you, or refuse to hire you just because there is a wage withholding order. If you think you were fired because your wages were withheld, you should talk to the Division of Child Support, the District Attorney, or a private attorney.
123. What happens if the child support I owe cannot be collected by wage withholding?
Other types of income such as Unemployment Compensation, Worker's Compensation, and Social Security Disability can be withheld for child support. Usually no more than 25% of these payments can be taken each month, and only 15% (or the amount of the last monthly order) can be taken if there is no current order.
The Division of Child Support (DCS) and the District Attorney (DA) can also take state and federal tax refunds for back child support as well as lump sum payments on veterans benefits, personal injury awards, non-SSI disability and social security, pensions, and insurance proceeds. You may be able to exempt some of these amounts from garnishment with a claim of exemption. If your unpaid back support exceeds $2,500 and a payment plan is not being followed, DCS and the DA can suspend your driver's license, occupational or professional license, passport, as well as your recreational, hunting or fishing license. In addition, the Department of Human Resources is required to report delinquent cases to credit agencies. If DCS or the DA feel you could work or pay child support some other way and you are not paying, they can ask the judge to hold you in contempt of court. In contempt cases, fines and jail sentences are possibilities; you may have the right to a court-appointed attorney. You will usually be given a chance to start making child support payments to avoid going to jail.
124. How long can back child support be collected?
Unpaid child support from an Oregon child support order can now be collected for 25 years after it was ordered. (For some orders dated before January 1, 1994, it may not be possible to collect the order by foreclosing on real property, but all other methods of collecting the support are available. Also, for some orders dated before January 1, 1994, the enforcement period could run twenty years from the date of the delinquency.)
125. How can I get my current child support order changed?
If your support case is handled by the District Attorney or DCS and your child support order is at least two years old, you can ask the enforcing agency to 'review' your child support order to see if it meets the current guidelines. In most situations, the agency must do this review at your request. If this review shows that your current support order is more than 15% or $50 from what the guidelines call for, the agency will file the modification paperwork.
If it has been less than two years since the most recent child support order or modification, you may still be able to get a 'change of circumstances modification.' The change may be in your income, the other parent's income, or the child's needs. This service, or the paperwork to do it on your own, is also available from DCS and the DA. If you are the parent who owes support and begin receiving public assistance, you can also get your child support order changed. See Question 110.
126. If I am behind in paying child support, can the amount of back child support I owe be changed?
Once you are behind in paying child support that you have been ordered to pay, you
cannot go back and cancel any amount of support you owe -- even if you didn't pay because you didn't have a job or were disabled. Child support can be modified only back to the time legal papers are filed requesting the modification. But you may be able to get credit on your child support account if the children lived with you for a long time when it wasn't your usual parenting time, and if the other parent had agreed to your having the children. You should contact a private attorney or, in some counties, the District Attorney, about getting this credit.
You may also qualify for a credit in some cases in which retroactive (back) Social Security benefits were awarded to your child. See Question 111.
127. Does the parent who is ordered to pay child support also have to provide health insurance for the child?
Usually. If the parent who has custody chooses, the other parent must put the child on any group health insurance plan available through work or a union. There is an exception if the parent's cost of the child's insurance is more than the amount of the cash child support obligation. The cost of the insurance is divided on a percentage basis between the two parents. The amount of child support to be paid is either reduced or increased, depending on which parent provides insurance.
128. How can I make sure the noncustodial parent obeys the court order to get medical insurance for my child?
If the District Attorney (DA) or Division of Child Support (DCS) is handling your support case, they will handle health insurance issues for you, too, at no cost. They can get orders for the employer of the parent without custody to put the child on the health plan and deduct the insurance cost from the parent's wages. If the DA or DCS is not handling your case, you will need an attorney.
If a parent was ordered to provide medical or dental insurance and did not do so, that parent is responsible for paying for all of the child's medical or dental costs after the date of the order. The doctor or dentist still may ask you to make this happen, if the other parent does not voluntarily reimburse you.
129. Who must pay for my child's health care costs that are not covered by insurance?
If the parent without custody was ordered to get insurance and did not do so, that parent is responsible for paying. If there was insurance but if it didn't cover all costs, the parent with custody must pay unless the divorce or support order states that these costs are to be shared or paid totally by the other parent.
If you are going through a divorce, make sure that you think about health costs that are not covered by insurance and that you ask in your court papers for what you want. If the District Attorney or the Division of Child Support is getting your support order, talk with them about medical costs and make sure that the judge or hearing officer is told what you want to do about costs that are not covered by insurance.
130. Can the child support order require buying a life insurance policy?
When the parent who pays child support dies, the child support stops. But the child support order can require that parent to buy a life insurance policy that gives the children a one-time cash settlement when the parent dies.