ORS 25.275
Formula for determining child support awards

  • criteria to be considered
  • mandated standards
  • reduction
  • rules

(1)

The Division of Child Support of the Department of Justice shall establish by rule a formula for determining child support awards in any judicial or administrative proceeding. In establishing the formula, the division shall take into consideration the following criteria:

(a)

All earnings, income and resources of each parent, including real and personal property;

(b)

The earnings history and potential of each parent;

(c)

The reasonable necessities of each parent;

(d)

The ability of each parent to borrow;

(e)

The educational, physical and emotional needs of the child for whom the support is sought;

(f)

The amount of assistance that would be paid to the child under the full standard of need of the state’s IV-A plan;

(g)

Preexisting support orders and current dependents; and

(h)

Other reasonable criteria that the division may find to be appropriate.

(2)

The formula described in subsection (1) of this section must also comply with the following standards:

(a)

The child is entitled to benefit from the income of both parents to the same extent that the child would have benefited had the family unit remained intact or if there had been an intact family unit consisting of both parents and the child.

(b)

Both parents should share in the costs of supporting the child in the same proportion as each parent’s income bears to the combined income of both parents.

(3)

The formula described in subsection (1) of this section must be designed to ensure, as a minimum, that the child for whom support is sought benefits from the income and resources of the absent parent on an equitable basis in comparison with any other minor children of the absent parent.

(4)

The child support obligation to be paid by the obligor and determined under the formula described in subsection (1) of this section:

(a)

May be reduced or increased in consideration of medical support, as provided in ORS 25.321 (Definitions for ORS 25.321 to 25.343) to 25.343 (Authorization for reimbursement payments).

(b)

May be reduced dollar for dollar in consideration of any Social Security or apportioned Veterans’ benefits paid to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of the obligor’s disability or retirement.

(c)

Shall be reduced dollar for dollar in consideration of any Survivors’ and Dependents’ Educational Assistance under 38 U.S.C. chapter 35 paid to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of the obligor’s disability or retirement. [1989 c.811 §3; 1993 c.800 §2; 1999 c.1030 §1; 2003 c.73 §26a; 2003 c.75 §75; 2003 c.572 §6; 2003 c.637 §15; 2009 c.351 §7]

Source: Section 25.275 — Formula for determining child support awards; criteria to be considered; mandated standards; reduction; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors025.­html.

Notes of Decisions

For calculating presumptive child support under guidelines, gross income of parents does not include income of new partners. Ainsworth and Ainsworth, 114 Or App 311, 835 P2d 928 (1992); Hardiman and Hardiman, 133 Or App 112, 889 P2d 1354 (1995)

Spouse’s proportionate share in profits of closely held corporation is rebuttably presumed available to spouse and includable in gross income. Perlenfein and Perlenfein, 316 Or 16, 848 P2d 604 (1993)

25.010
Definitions for support enforcement laws 25.011
“Address” defined 25.015
When payment on support order begins 25.020
When support payment to be made to Department of Justice 25.025
Annual notice to parties receiving services under ORS 25.020 25.030
When payment payable to bank account or escrow agent 25.070
Order may include payment of support enforcement fees 25.075
Cooperative agreements with Indian tribes or tribal organizations 25.080
Entity primarily responsible for support enforcement services 25.081
Access to records with Social Security number 25.082
Administrative subpoenas 25.083
High-volume automated administrative enforcement services 25.084
Assignment of rights or written application required for services 25.085
Service on obligee 25.088
Effect of dismissal of judicial proceeding on existing administrative order of support 25.089
Enforcement and modification of child support judgments 25.091
Multiple child support judgments 25.095
Later-issued child support judgment 25.100
Designation of auxiliary court in county where party resides or property located 25.110
Jurisdiction of designated auxiliary court 25.125
Disposition of support obligation overpayments 25.130
Election of alternative support payment method 25.140
Copies of new or modified support orders to department 25.150
Department to collect fees for services 25.160
Referral of support cases to department 25.164
Payment of support through Department of Justice 25.165
Application of support payments 25.166
Support payment due dates 25.167
Procedure for determining arrearages 25.170
Proceedings to require delinquent obligor to appear for examination of financial circumstances 25.180
Examination of obligor’s financial circumstances 25.190
Continuance of proceedings 25.200
Arrest of obligor for failure to appear 25.210
Use of obligor’s property for delinquent support payments 25.213
Assignment of proceeds of insurance policy to secure support obligation 25.220
Computer records of administrator 25.230
Court authorized to require security for support payments 25.240
Order to pay support by parent with legal custody of minor 25.241
Suspension of enforcement or holdback of moneys received during pendency of certain actions 25.243
Grievance procedure 25.245
Rebuttable presumption of inability to pay child support when parent receiving certain assistance payments 25.247
Rebuttable presumption of inability to pay child support when obligor incarcerated 25.260
Confidentiality of records 25.265
Access to information in Federal Parent Locator Service 25.270
Legislative findings 25.275
Formula for determining child support awards 25.280
Formula amount presumed correct 25.287
Proceedings to modify orders to comply with formula 25.290
Determining disposable income of obligor 25.321
Definitions for ORS 25.321 to 25.343 25.323
Medical support 25.325
Enforcing medical support 25.327
Service of medical support notice 25.329
Actions required after service of medical support notice 25.331
Obligation to withhold 25.333
Contesting medical support notice 25.335
Termination of support order 25.337
Liability 25.339
Priority of medical support notice 25.341
Notice of termination of employer’s relationship with providing party 25.342
Rules 25.343
Authorization for reimbursement payments 25.372
Applicability 25.375
Priority of withholding 25.378
Payment of support by income withholding 25.381
Establishing income withholding as method of paying support 25.384
Statement on withholding in support order 25.387
Withholding more than amount authorized by law 25.390
Amendment of support order not required for withholding 25.393
Remedy additional to other remedies 25.396
Exception to withholding 25.399
Notice of order to withhold 25.402
Service of order on withholder 25.405
Contesting order to withhold 25.408
Withholding is continuing obligation 25.411
When withholding begins 25.414
Standard amount to be withheld 25.417
Amount to be withheld when obligor paid more frequently than monthly 25.421
Procedure if withholder does not withhold support 25.424
Liability of withholder 25.427
Rules 25.501
Definitions for ORS 25.501 to 25.556 25.502
Policy 25.503
Parties to support proceedings 25.505
Authority of administrator and administrative law judge 25.507
Tribunals for establishment of paternity or for child support order 25.511
Notice and finding of financial responsibility 25.513
Hearings procedure 25.515
Past support 25.517
When order of support contingent on child residing in state financed or supported residence 25.525
Modification of order based on change in physical custody 25.527
Motions to modify financial responsibility orders 25.529
Filing order with court 25.531
Multiple child support judgments 25.533
Relief from compliance with order 25.540
Notice of intent to establish and enforce arrearages 25.542
Preventing transfer of assets to evade compliance with order 25.550
Establishing paternity of child 25.552
Certification of paternity issue to circuit or juvenile court 25.554
Reopening issue of paternity 25.556
Expeditious court hearings 25.575
Definitions for ORS 25.575 to 25.577 25.576
Order for support of adjudicated youth or other offender 25.577
Youth authority may enter into agreements for support enforcement services 25.610
Procedure to collect support orders from state tax refunds 25.620
Procedures to collect past due support from state tax refunds 25.625
Federal tax offset 25.640
Definitions for ORS 25.643 and 25.646 25.643
Disclosure of information on obligors by financial institutions 25.646
Disclosure of financial records of customers by financial institutions 25.650
Information on past due support to consumer reporting agencies 25.670
Judgment lien on personal property 25.680
Effect of lien 25.690
Foreclosure of lien 25.710
Duty of district attorney 25.715
Child support paid from security deposit 25.720
When support assignable 25.725
Child Support Deposit Fund 25.727
Garnishing income of person required to provide health insurance for child eligible under Medicaid 25.729
Application of laws to effectuate purposes of ORS chapter 110 25.750
Suspension of licenses, certificates, permits and registrations 25.752
Memberships in professional organizations that are required by state law 25.756
Identifying persons holding licenses, certificates, permits and registrations 25.759
Notice to persons subject to suspension 25.762
Agreement between obligor and administrator 25.765
Procedure if obligor contacts administrator within time limits 25.768
Judicial review of order 25.771
Obligor holding more than one license, certificate, permit or registration 25.774
Reinstatement 25.777
Reimbursing issuing entities for costs incurred 25.780
Other licenses, certificates, permits and registrations subject to suspension 25.783
Confidentiality of information 25.785
Issuing entities to require Social Security number 25.790
Hiring or rehiring individual 25.792
Confidentiality 25.793
Disclosure of employer-reported information 25.794
Verification of employment 25.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 25.275’s source at oregon​.gov