New Case Law – Support Enforcement Division Does Not Have Authority to Modify Child Support While an Appeal is Pending

On August 31, 2011, the Oregon Court of Appeals decided Division of Family Support Unit v. Sullivan.

This case deals with a parent’s ability to modify child support through the Support Enforcement Division while the divorce judgment is being appealed.  Mother had appealed the trial court’s decision in the divorce case and, while her appeal was pending, Father requested a modification of child support.  There followed a number of different administrative and Circuit Court hearings related to Father’s request to modify child support, and Mother eventually appealed the final decision.  The Court of Appeals stated that the Support Enforcement Division did not have the authority to modify child support while the appeal was pending.

It is important to note that, under ORS 19.275, the trial court can modify child support while an appeal is pending based on a substantial change of circumstances.  This decision only limits administrative changes to child support.

The entire opinion can be found here.

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2 Responses to New Case Law – Support Enforcement Division Does Not Have Authority to Modify Child Support While an Appeal is Pending

  1. I have a real problem with the Support Division because I have witnessed them overstep their bounds time and again purely for the sake of getting their hands on more money – Support Division often ruins lives and they do not even care about the people whose lives they are ruining. Glad to read that their authority is being limited at least somewhat during the appeals process.

  2. Octavio salas says:

    Its ridiculous and very frustrating how the child support system is played out its very un fair on how fayhers who do and try their best and we ultimately get put in a situation of financial distress it seems an impossible mission to have a life and become a productive member of society. The more u make the more they take.yhey make and break their own rules its a non wining situation for any father. The government needs to wake up before this nation goes in deeper to a hell hole. If,this was a fair game and women werent so lazy and actually work wow their wouldnt be such a big matgin of money owed by a father.

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