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CHILD SUPPORT. The presumed amount of child support in Oregon is determined by a formula created by the Oregon Legislature. The formula is based upon many factors, including, but not limited to, the number of children, any non joint children, the
gross income of each parent, spousal support paid and received, the number of overnights each child spends with each parent, the pro rata cost of health insurance, and day care expenses. A calculator (http://www.dcs.state.or.us/calculator/)
has been established by the Department of Justice, Division of Child Support. Many people find using this calculator to be complicated. The proper computation of child support is a service provided by Mediation Northwest. Child support is
available for a child until age 18 or through age 20 if the child is attending school. SPOUSAL SUPPORT. Spousal support is intended to enable “one party to re enter the job market and become self sufficient.” See Ronald I. Gevurtz, The
Modernization of Oregon Spousal Support Provision, OSB Family Law Newsletter, Vol 18, No 1 (Feb 1999). Oregon law has created three different types of spousal support: (1) transitional, (2) compensatory, and (3) maintenance. The amount and
duration of spousal support must be considered in light of all other aspects of the dissolution, including, but not limited to the asset and debt allocations and child support. Additionally, the legislature has indicated that the amount and
duration of spousal support should be just and equitable, which takes into account the needs of both parties, the ability to pay by the paying party, the ages of the parties, the earning capacity of both parties, the duration of the marriage, and
the goal of ending the supporting dependency without undue hardship. See Valent, Hubbard, Schuster II, Oregon State Bar Family Law Continuing Legal Education, Vol 1, 2002 and 2004. The goal of providing the receiving spouse the standard of living
enjoyed during the marriage does not require the equalization of incomes. Spousal support should enable the receiving spouse to obtain appropriate training, education or work experience to become self supporting. See Valent, Hubbard, Schuster II,
Oregon State Bar Family Law Continuing Legal Education, Vol 1, 2002 and 2004.
PAYMENTS. Depending upon individual circumstances, payments for child support and spousal support may be transacted in many different methods, including through the Oregon Department of Justice, directly from one party to the other, through
electronic debit and deposit, or through an escrow agency. |
