Child Support and Custody Attorney
Although the State uses a child support calculator in determining child support, the factors imputed into the equation can differ dramatically for various reasons – which is why often both sides in a case come up with different child support amounts.
An experienced family law attorney like Ken Kissir can make sure the proper factors and variables that support you are included – and that valid legal arguments are made on your behalf to maximize the benefit to you. For instance, disability payments to a parent and/or the child can be used different ways under the current Oregon law, when determining child support.
How the Process Works
Child support proceedings can proceed without any Circuit Court involvement, that is, without either parent filing something in Court. This is called an administrative process. Either parent can contest a child support amount through this process and have a hearing over the telephone. The result will become a real judgment in Circuit Court. The outcome can be appealed directly to Circuit Court. If a case for custody or divorce is filed in Court, the Court will typically resolve the child support issues there.Enforcement of child support, whether the Order is through the administrative process or the Circuit Court, is usually done through a County District Attorney’s Office.
The DA’s office prosecutes people for contempt of court based on non-payment of child support.My general advice is to avoid getting the DA involved in that process, which is what happens if you ignore an order to pay support. This is a battle you won’t win.You should certainly contest paying more then what is fair and legal, however, ignoring an existing order is not contesting it. Even if you later get the amount of support lowered, it is almost always impossible to undue or reduce what is called "arrears" or unpaid support, especially if the custodial parent has received government assistance.
If you want to request a reduction in the support amount, you need to file the request immediately, because even if the Order reducing it doesn’t occur for a few months, it should be retroactive.
If you retain me to represent you to seek a modification of an existing child support amount, I typically start out by contacting the other person or their attorney, and requesting that they agree to change it. If they do, then we can process that fairly quickly, at minimal cost. If they don’t, and you have to go to Court and you win, you can be awarded a judgment against them for your attorney fees.