The New York Times recently had an article on the effect of the current economy on child support. The full article can be found here:
With so many child support obligors either losing their jobs or having a reduction in income, the court is seeing a huge increase in requests for child support modifications. In many cases, the court has no choice but to reduce the child support obligation. This often leaves a custodial parent in dire financial straits. The court, however, must balance the needs of both parents against this reality. The non-custodial parent must be able to continue to support himself or herself.
In Oregon, child support modifications are governed by Oregon Revised Statute 107.135. A modification can be instituted via a filing in the circuit court in the county in which the original order was made or by requesting a review through the Department of Justice. The party requesting the modification must show that there has been a substantial change in circumstances since the prior support award was issued.
A child support award remains in effect until it is modified. It is crucial, therefore, that a person who owes child support file to modify the support obligation as soon as possible after having a reduction in income.
For more information, or to receive legal advice on your specific situation, please contact the law offices of Stephens & Margolin LLP in order to schedule a consultation.