Formula amount presumed correct
- rebuttal of presumption
- criteria
Source:
Section 25.280 — Formula amount presumed correct; rebuttal of presumption; criteria, https://www.oregonlegislature.gov/bills_laws/ors/ors025.html.
Notes of Decisions
Court may find that presumptive amount is unjust or inappropriate but determination must be based on evidence in record. Christopherson and Christopherson, 112 Or App 166, 827 P2d 950 (1992)
Consideration of future income potential was improper in determining whether presumption of correctness was rebutted. Moore and Moore, 112 Or App 503, 829 P2d 704 (1992); Wesley and Wesley, 125 Or App 128, 865 P2d 432 (1993)
Educational expenses of child may justify deviation from presumed amount of child support provided by this section and relevant guidelines, but those expenses are part of and not in addition to child support obligation and are subject to statutory limitations of such obligation. Wiebe and Wiebe, 113 Or App 535, 833 P2d 333 (1992)
Where child receives social security disability payments, payments are not income attributable to parent but may affect need of child and render presumptive support guideline amount inappropriate. Lawhorn and Lawhorn, 119 Or App 225, 850 P2d 1126 (1993); Krompel and Krompel, 129 Or App 394, 879 P2d 223 (1994)
Support beyond guidelines cap must primarily be based on child’s needs, not available resources. Stringer v. Brandt, 128 Or App 502, 877 P2d 100 (1994)
Guideline amount is amount to actually be paid and is not subject to being reduced by other provisions of judgment. Rossi and Rossi, 128 Or App 536, 876 P2d 820 (1994)
Court is not limited to consideration of listed rebuttal criteria as basis for departing from child support guideline. Petersen and Petersen, 132 Or App 190, 888 P2d 23 (1994); Grile and Grile, 138 Or App 630, 909 P2d 1248 (1996); In the Matter of Mock and Sceva, 143 Or App 362, 923 P2d 1310 (1996)
Neither disparity of income between parties nor joint legal custody of child is valid basis for rebutting presumptive support amount. Larkin and Larkin, 146 Or App 310, 932 P2d 115 (1997)
Court is not required to consider effect of child’s income on child’s needs when setting support amount in accordance with guidelines. Redler and Redler, 153 Or App 135, 956 P2d 232 (1998), aff’d 330 Or 51, 996 P2d 963 (2000)
Where marital assets are placed in trust for children, trust assets do not affect child support obligation until assets are distributed to children. Butler and Butler, 160 Or App 314, 981 P2d 389 (1999)
While court has authority to consider nonenumerated economic factors that are relevant to needs of child, factors already part of formula for determining presumed amount of child support may not be basis for rebutting presumed amount. Partsafas and Partsafas, 314 Or App 637, 499 P3d 117 (2021)
Law Review Citations
69 OLR 708 (1990)
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