Probate and Estate Law
What you need to know about Child Support
Child Support Guide
A complicated set of administrative guidelines, rules, and statutes govern the child support process. In all divorce and separation cases involving children, one parent will pay support to the other. Parents who share joint custody are no exception; however, how the parents share parenting time will affect the support calculations. Administrative guidelines use a formula to calculate child support obligations even if parents agree otherwise.
A child support order is required for parents seeking a divorce, for unmarried parents seeking paternity and child custody, parental relocation, and modification of custody.
Two Step Process
Children are entitled to receive child support until they are 18 years old or the conclusion of high school, whichever is later. However, in Oregon a child continues to be entitled to receive child support from both parents until the age of 21 if they are unmarried, not in the military, and attend school, college, or vocational training part-time or full time.
Child support is not set in stone once a child support order is established. If your child support is being collected through the State, child support can be administratively reviewed every three (3) years. Alternatively, modification can occur any time there is a substantial change in circumstances.
Modification of a child support order based on a substantial change can be processed administratively, or through the court. It is a two-step process. The first step is for the court or child support administrator to determine if a modification is warranted due to the present circumstances being substantially different from the circumstances of the original order. If so, the court or child support administrator will then determine the amount and scope of the new child support amount.
Child support calculations have some room for interpretation, and mistakes and oversights can be detrimental. The attorneys at McKean Smith have the experience and know-how to effectively represent your interests in a child support proceeding.
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