Support Enforcement

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]

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)

§§ 25.270 to 25.285

Notes of Decisions

Guidelines apply to original determinations where substantial change in circumstances warrants change in support amount or where obligation is collected through enforcing agency. Gay and Gay, 108 Or App 121, 814 P2d 543 (1991)

Once change of circumstances sufficient to warrant modification in any manner is shown, guidelines established under these sections control amount of child support awarded. Grage and Grage, 109 Or App 311, 819 P2d 322 (1991)

Although trial court may consider potential income under Uniform Child Support Guidelines, presumption that parent can work full-time may be rebutted by showing that parent is unable to work full-time by reason of injury, and court may not speculate as to what parent could make after recovery from injury. Uppendahl and Uppendahl, 112 Or App 283, 828 P2d 1048 (1992)

Where expenses paid by noncustodial parent are type that do not reduce custodial parent cost of raising child, expenses may not be set off against support obligation. Longcor and Longcor, 114 Or App 89, 834 P2d 479 (1992)

Law Review Citations

26 WLR 1019 (1990); 69 OLR 716 (1990)


Source

Last accessed
Jun. 26, 2021