Child Custody, Parenting Time and Support

For the love and care of children.

We can help you request a change or modification of custody, visitation rights, parenting time, and child support.

Custody of a minor child is often vitally important to the parents, and parenting time is a key aspect of a child’s life. Divorce may end the relationship between spouses, but it does not end the relationship between parent and child.

Child support agreements must be fair to all parties and provide for the needs of the child. If the parties cannot agree to a child support amount, a court will make the determination after a hearing. Child support orders through the court are subject to wage withholding unless both parents, and/or the court, agree to a different arrangement. Payment of child support continues until the child reaches the age of majority, is emancipated, or, the paying parent passes away.

HOW WE CAN HELP

Clients often ask us to help them with the following requests:

  • Change or modify child custody judgments

  • Review and modify visitation rights (parenting time)

  • Review and modify child support awards

Please remember that the time for requesting changes of child custody and visitation can be made at any point during a child’s age of minority.
If you want to increase or decrease child support payments, you will need to provide proof of a change in circumstances of expenses, income, benefits, or so forth.
If you want to change custody or visitation, you will need to provide proof of changes in circumstances, show that the requested modification is in the best interests of the child, and more.

COMMON QUESTIONS ABOUT CHILD SUPPORT AND CUSTODY

  • How is child support determined? – Child support in Oregon is determined by the Oregon Child Support Guidelines. The guidelines take into consideration the gross income of each parent, the parenting plan, child care costs, medical insurance costs, and other factors.

  • Which parent pays for college after divorce? – Both parents pay support for adult children up to age 21 if the child is enrolled in an accredited program. It is up to the child, however, to enforce the continued payment after they turn 18 years old.

  • Do children get to decide who they live with? – It depends on the age of the child. Courts may listen to a child’s preference as they get older. The older they are the more weight their preference will have.

  • Do I have to pay child support if I have joint custody of my child? – In general, child support is determined separately from custody or parenting time. So, it is possible for a parent who has sole custody or joint custody to pay child support to the other parent.

  • Will I get to see my child if I don’t get custody? – Custody of a child gives the custodial parent legal decision making powers. The non-custodial parent may be awarded parenting time, and therefore still be able to see and spend time with their child.

If you have more questions please do not hesitate to contact us.


(503) 371-9500

“Families come to our firm because we care about how they feel. I help clients by listening to their concerns, finding non-legal ways to improve their situation, and then helping them achieve the best result for the good of their family.”

– Kristin LaMont

OREGON CUSTODY AND SUPPORT LAWS
Below are links to some of the laws that apply to child custody and support.

Factors Determining Custody:
ORS 107.137 lists the relevant factors a court must consider when determining custody of a minor child.

Authority of Non-custodial Parent:
ORS 107.154 lists the authority of a parent who has not been granted sole custody of a child. Unless otherwise ordered by the court, the authority listed in this statute is vested in the non-custodial parent.

Support or Maintenance for Child Attending School:
ORS 107.108 describes the definitions of terms and obligations of parents related to a child attending school.

HELPFUL LINKS
Below are links to child support calculators and case information.

Support Calculator:
This tool, which is called the “Child Support Guidelines Calculator”, is published by the Oregon Department of Justice to help you estimate monthly child support obligations based on the Oregon Child Support Guideline (found in the Oregon Administrativ Rules OAR 137-050-0700 through 137-050-0765).
Link: https://justice.oregon.gov/guidelines/

Payment History:
The Oregon Department of Justice provides this online system for people who are a party to a child support case or who have the authorization to access private case information.
Link: https://justice.oregon.gov/caseinformation/payment_history.aspx

Case Status:
The Oregon Department of Justice provides this online system for people who are a party to a child support case or who have the authorization to access private case information.
Link: https://justice.oregon.gov/caseinformation/case_status.aspx