Child Support Questions & Answers

Is legal action needed to force a parent to pay child support?

Yes. The only way to make a parent pay support is to get a support order, which must be signed by a judge or hearing officer. A promise or agreement to pay is not enough, but a judge or hearing officer can sign an agreement or promise and make it a support order.

How is child support ordered?

Child support can be ordered in divorce and custody cases. It is ordered when one parent has custody of the child and also when there is joint custody. If you have filed for divorce or custody, your attorney will ask for a support order as part of the case.

Child support can also be ordered without a divorce or custody case. The Division of Child Support will get a child support order if the parent with custody is now getting welfare for your children or if that parent did in the past and there is unpaid support from that time. In all other cases, you can ask the local District Attorney's (DA) office or a private lawyer to get a support order.

How is the amount of child support decided?

Since 1989 there have been guidelines and charts that must be u in all child support cases. The guidelines take into account many factors, such as, the incomes of the parents, other children the parents have to support, and work-related day care costs for the children.

The state has an online Child Support Guidelines Calculator you can use. Under the guidelines it is assumed that all parents can work 40 hours a week at minimum wage and pay at least $50 per month in child support, but this can be challenged. It is sometimes possible to get a child support order which is different from the amount listed in the guidelines and charts.

How long does child support have to be paid?

In Oregon, a parent usually must pay child support until the child is 18 years old. If the child is going to school or job training at least half time, the child support can continue to age 21. The child support can stop before a child reaches 18 if the child gets married, joins the military, or in some other way becomes legally emancipated.

How do I get a child support order?

If you have filed a divorce or custody case, child support can very often be ordered as part of the case. The Division of Child Support will get a child support order if you are now getting welfare for your children or if you did in the past and there is unpaid support from that time. In all other cases, you can contact the District Attorney (DA) or a private attorney for help with child support.

Can I get child support if the other parent doesn't live in Oregon?

It is possible that the Division of Child Support, the District Attorney (DA), or a private lawyer can still get an Oregon child support order against a parent who is living in another state. If they cannot, they can send the paperwork to the state where that parent lives and that state can order that child support be paid.

Can I get child support if I don't know where the other parent lives?

If you do not know where the other parent lives, the Support Enforcement Division or the District Attorney (DA) can help you look for that parent as long as you are trying to find the parent so that you can get or change a child support order or collect child support.

What can I do if the child support order is not being paid?

The Division of Child Support or the District Attorney (DA) will help you collect your child support order. They represent the State and not you, but their services are free. You can also contact a private lawyer, who can assist you suing the obligor for contempt of court.

Does the parent who is ordered to pay child support also have to provide health insurance for the child?

Usually. If the parent who has custody chooses, the other parent must put the child on any group health insurance plan available through work or a union. There is an exception if the parent's cost of the child's insurance is more than the amount of the cash child support obligation. The cost of the insurance is divided on a percentage basis between the two parents. The amount of child support to be paid is either reduced or increased, depending on which parent provides insurance.

Can my employer fire me if my wages are being withheld?

No. It is not legal for an employer to fire you, discipline you, or refuse to hire you just because there is a wage withholding order. If you think you were fired because your wages were withheld, you should talk to the Support Enforcement Division, the District Attorney, or a private attorney.