Chapter 25
25.010
NOTES OF DECISIONS
Federal
law that prohibits state courts from dividing military disability benefits
between parties during dissolution proceedings does not prohibit state courts
from considering those benefits when awarding child support. Morales and
Morales, 230 Or App 132, 214 P3d 81 (2009)
25.020
(formerly
23.765)
NOTES OF DECISIONS
Under
this section, social security payments made directly to the mother for child
support obligation should not be credited to father’s support obligation. Cope
and Cope, 291 Or 412, 631 P2d 781 (1981)
ATTY. GEN. OPINIONS: Constitutionality
of the provision, (1976) Vol 38, p 407
25.030
(formerly
23.767)
ATTY. GEN. OPINIONS: Necessity of nonwelfare recipients filing applications for child support
enforcement, (1977) Vol 38, p 735
25.070
(formerly
23.787)
NOTES OF DECISIONS
“Delinquent
support obligations” means a prior judicial order to pay support, not merely
parents’ general obligation to support their children. State ex rel Washington v. Anderson, 26 Or App 467, 552 P2d 1343
(1976)
25.080
(formerly
23.789)
NOTES OF DECISIONS
Where
Public Welfare Department was assigned mother’s child support rights pursuant
to [former] ORS 418.042, this section did not bar state from seeking vacation
of a satisfaction of judgment obtained by father with respect to his support
obligation, for state was real party in interest. State ex rel
Hansen v. McKay, 31 Or App 631, 571 P2d 166 (1977)
This
section creates assignor-assignee relationship between recipient of Aid to
Dependent Children and state, and thus mere fact that assignor is required to
cooperate with Support Enforcement Division attorney for state-assignee does
not establish attorney-client relationship. Gibson v. Johnson, 35 Or App 493,
582 P2d 452 (1978), Sup Ct review denied
District
attorney who was not acting as enforcing agency for support order could not
seek modification of support order. Gutierrez and Gutierrez, 117 Or App 106,
843 P2d 466 (1992)
District
attorney is “responsible for providing support enforcement services” where
services are requested and payment records are maintained through Department of
Human Resources. Nash and Nash, 126 Or App 39, 867 P2d 528 (1994)
State
authority to initiate child support modification action includes cases where
child is not receiving public assistance and support is not in arrears. Nash
and Nash, 126 Or App 39, 867 P2d 528 (1994)
District
attorney holds status as party to modification action, not merely facilitator
of action. Hofstetter and Hofstetter,
129 Or App 365, 879 P2d 220 (1994)
Dissolution
judgment containing determination of nonpaternity
does not preclude district attorney from establishing paternity in support
action since district attorney does not act on behalf of party to dissolution
action. State ex rel Moran v. Rushman,
177 Or App 290, 33 P3d 999 (2001), Sup Ct review denied
ATTY. GEN. OPINIONS: Support Enforcement
Division authority to enforce support orders for children placed in juvenile
training schools, (1978) Vol 39, p 369; district
attorney refusing to provide support enforcement services, (1979) Vol 40, p 126; acquisition of judgment debtor’s interest in
mutual fund to recover moneys owed state, (1994) Vol
47, p 173
25.210
(formerly
23.847)
ATTY. GEN. OPINIONS: Acquisition of
judgment debtor’s interest in mutual fund to recover moneys owed state, (1994) Vol 47, p 173
25.240
NOTES OF DECISIONS
Ability
of court to order child support by parent having legal custody “as long as that
parent does not have physical custody” applies to shared custody arrangements.
Greenfield and Greenfield, 130 Or App 632, 883 P2d 253 (1994)
LAW REVIEW CITATIONS: 69 OLR 689 (1990)
25.245
NOTES OF DECISIONS
Support
obligation of party on public assistance is terminated until modified, not
merely suspended for duration of public assistance. Hofstetter
and Hofstetter, 129 Or App 365, 879 P2d 220 (1994)
25.270 to 25.285
NOTES OF DECISIONS
Guidelines
apply to original determinations where substantial change in circumstances
warrants change in support amount or where obligation is collected through
enforcing agency. Gay and Gay, 108 Or App 121, 814 P2d 543 (1991)
Once
change of circumstances sufficient to warrant modification in any manner is
shown, guidelines established under these sections control amount of child
support awarded. Grage and Grage,
109 Or App 311, 819 P2d 322 (1991)
Although
trial court may consider potential income under Uniform Child Support
Guidelines, presumption that parent can work full-time may be rebutted by showing
that parent is unable to work full-time by reason of injury, and court may not
speculate as to what parent could make after recovery from injury. Uppendahl and Uppendahl, 112 Or
App 283, 828 P2d 1048 (1992)
Where
expenses paid by noncustodial parent are type that do not reduce custodial
parent cost of raising child, expenses may not be set off against support
obligation. Longcor and Longcor,
114 Or App 89, 834 P2d 479 (1992)
LAW REVIEW CITATIONS: 26 WLR 1019
(1990); 69 OLR 716 (1990)
25.275
NOTES OF DECISIONS
For
calculating presumptive child support under guidelines, gross income of parents
does not include income of new partners. Ainsworth and Ainsworth, 114 Or App
311, 835 P2d 928 (1992); Hardiman and Hardiman, 133 Or App 112, 889 P2d 1354 (1995)
Spouse’s
proportionate share in profits of closely held corporation is rebuttably presumed available to spouse and includable in
gross income. Perlenfein and Perlenfein,
316 Or 16, 848 P2d 604 (1993)
25.280
NOTES OF DECISIONS
Court
may find that presumptive amount is unjust or inappropriate but determination
must be based on evidence in record. Christopherson
and Christopherson, 112 Or App 166, 827 P2d 950
(1992)
Consideration
of future income potential was improper in determining whether presumption of
correctness was rebutted. Moore and Moore, 112 Or App 503, 829 P2d 704 (1992);
Wesley and Wesley, 125 Or App 128, 865 P2d 432 (1993)
Educational
expenses of child may justify deviation from presumed amount of child support
provided by this section and relevant guidelines, but those expenses are part
of and not in addition to child support obligation and are subject to statutory
limitations of such obligation. Wiebe and Wiebe, 113 Or App 535, 833 P2d 333 (1992)
Where
child receives social security disability payments, payments are not income
attributable to parent but may affect need of child and render presumptive
support guideline amount inappropriate. Lawhorn and Lawhorn, 119 Or App 225, 850 P2d 1126 (1993); Krompel and Krompel, 129 Or App 394,
879 P2d 223 (1994)
Support
beyond guidelines cap must primarily be based on child’s needs, not available
resources. Stringer v. Brandt, 128 Or App 502, 877 P2d 100 (1994)
Guideline
amount is amount to actually be paid and is not subject to being reduced by
other provisions of judgment. Rossi and Rossi, 128 Or App 536, 876 P2d 820
(1994)
Court
is not limited to consideration of listed rebuttal criteria as basis for
departing from child support guideline. Petersen and Petersen, 132 Or App 190,
888 P2d 23 (1994); Grile and Grile,
138 Or App 630, 909 P2d 1248 (1996); In the Matter of Mock and Sceva, 143 Or App 362, 923 P2d 1310 (1996)
Neither
disparity of income between parties nor joint legal custody of child is valid
basis for rebutting presumptive support amount. Larkin and Larkin, 146 Or App
310, 932 P2d 115 (1997)
Court
is not required to consider effect of child’s income on child’s needs when
setting support amount in accordance with guidelines. Redler
and Redler, 153 Or App 135, 956 P2d 232 (1998), aff’d 330 Or 51, 996 P2d 963 (2000)
Where
marital assets are placed in trust for children, trust assets do not affect
child support obligation until assets are distributed to children. Butler and
Butler, 160 Or App 314, 981 P2d 389 (1999)
LAW REVIEW CITATIONS: 69 OLR 708 (1990)
25.285
See
annotations under ORS 25.287.
25.287
NOTES OF DECISIONS
Under former similar statute (ORS
25.285)
Provision
allowing modification of child support without showing of substantial change of
circumstances for parents whose support obligations are subject to support
enforcement services did not violate equal protection rights under Article I,
section 20, because classification between them and other parents was created
by statute itself and intrinsic to regulation statutes are designed to achieve.
Thompson and Thompson, 110 Or App 462, 823 P2d 1001 (1992), Sup Ct review
denied
In general
Court
may consider stipulations in determining whether support guidelines amount is
just and appropriate. Petersen and Petersen, 132 Or App 190, 888 P2d 23 (1994);
Grile and Grile, 138 Or App
630, 909 P2d 1248 (1996)
25.414
(formerly
25.351)
NOTES OF DECISIONS
Where
debtor has two wage sources and one source withholds maximum amount for payment
of current child support and arrearage, wages from nonwithholding
source are subject to garnishment under ORS 18.635 for collection of remaining
arrearage. Morrow and Morrow, 191 Or App 354, 82 P3d 647 (2004)
25.424
NOTES OF DECISIONS
Where
employer withholds child support from obligor’s pay, but fails to forward
payment to state in timely manner, obligor does not have cause of action
against employer for damages arising from untimely payment. Arvidson
v. Kurahashi & Associates, Inc., 217 Or App 74,
175 P3d 979 (2007), Sup Ct review denied