CHILD SUPPORT

If you are involved in a divorce and there are children involved, your financial future may be at stake. Child support payments are arranged during any divorce or legal separation involving minor children as a means of distributing the responsibility of supporting children amongst the separated spouses.  Child support can be ordered when one parent has sole custody of the child, when there is joint custody, and even in absence of a divorce or custody case. 

In the state of Oregon, child support payments are determined by the Oregon Child Support Guidelines.  You can calculate what your support obligation might be by visiting the Oregon Child Support Division's website.  These guidelines consider many factors, including the amount of custody each parent has, parental income, other children the parents have to support, and work-related day care costs for the children.  Courts plug these variables into the formula and come up with an amount of support that should be paid for the child or children.  Applying the child support guidelines is not an exact science; parties can argue that because of special circumstances a court should order more or less support than the guideline amount.

The amount of child support the court awards also depends on the amount of time each spouse spends with the child.  If your child does not spend at least 25 percent of overnight time with you, courts will drastically increase the child support you are obliged to pay. 

Child support is mandatory in Oregon even if you don't have a job, and your income may be presumed to be similar to what you were making on your last job or at least minimum wage.  It is very difficult to rebut the presumption for child support in Oregon.  To complicate the issue further, the Oregon Department of Justice Division of Child Support will obtain a child support order if a parent with custody is receiving public assistance or if that parent received public assistance in the past and there is still unpaid child support from that time.

SPOUSAL SUPPORT (ALIMONY)

Spousal support or alimony refers to payments made by one spouse to financially support their legally separated partner.  Common spousal support issues involve decisions about property division, taxes, and child support. There are three different types of spousal support in Oregon including:

• Transitional support - support that is necessary to help the spouse get an education or training to re-enter or advance in the job market.
• Compensatory support - support that will repay a spouse for a major financial or other contribution to the education, career, or earning ability of the other spouse.
• Spousal maintenance - support necessary to maintain a standard of living similar to what was enjoyed in the marriage. This support could be ordered for a specific time, or permanently.

Courts consider many factors when considering spousal support or alimony including:

• the length of the marriage,
• the age of each spouse,
• the health of each spouse,
• the education of each spouse,
• the income of each spouse,
• the standard of living enjoyed during the marriage, and
• other financial resources.

The wide range of factors gives experienced Oregon family law attorneys the opportunity to craft settlement agreements that are specifically tailored to the unique needs of their clients.

TEMPORARY SUPPORT ORDERS

Early in the divorce process, your lawyer can ask the court to issue temporary orders for child support, spousal support (alimony) and suit money for attorney fees and costs.  The purpose these orders is to allow both parties to survive financially until the case is settled or tried before the court, and alleviates the problem of one party having the financial advantage over the other.

If you would like more information about Oregon family law, Oregon family law courts, or help with your particular child or spousal support situation call the Law Office of Max J Mizejewski to speak with an experienced family law attorney in Eugene, Oregon.  Let us help you prepare for the future and move on with your life.

Contact Us online or call 541-505-9872 to schedule a Free Initial Consultation.