child support?

Question

does anyone know how the state of oregon determines child support if the parent refuses to work,

Answer 1

Income is imputed (e.g. assigned) to the parent based on education, work history, etc.

Income can't be imputed (assigned) if a parent has a physical or mental illness.

The law is saying that someone who chooses not to work is not an excuse for not paying child support.

Potential Income

(1) If a parent is unemployed, employed on less than a full-time basis or there is no direct evidence of any income, child support shall be calculated based on a determination of potential income. For purposes of this determination, it is rebuttably presumed that a parent can be gainfully employed on a full-time basis.

(2) Determination of potential income shall be made according to one of three methods, as appropriate:

(a) The parent's probable earnings level based on employment potential, recent work history, and occupational qualifications in light of prevailing job opportunities and earnings levels in the community; or

(b) If a parent is receiving unemployment compensation or workers' compensation, that parent's income may be calculated using the actual amount of the unemployment compensation or workers' compensation benefit received; or

(c) Notwithstanding any other provision of this section, the amount of income a parent could earn working full-time at the current state minimum wage.

(3) This presumption does not apply to a parent who is unable to work full-time due to a verified disability or to an incarcerated obligor as defined in OAR 137-055-3300.

(4) As used in this rule, "full-time" means forty hours of work in a week except in those industries, trades or professions in which most employers due to custom, practice or agreement utilize a normal work week of more or less than 40 hours in a week.

Answer 2

Is it the one paying the support or the one with the child?

The one paying: A judge can order them to get and keep a job, and if they don't they will be thrown in jail (it happened to my sister's ex).

The one with the child: Their money situation has nothing to do with the determination of child support. The entire purpose is to support the child - if that parent can not financially support the child, then they could lose custody of that child to the other parent. If that is the case, I would go for custody due to the other not being able to financially support the child in their home. If they are totally relying on you, then maybe you should have the custody. Talk to a lawyer.

Answer 3

Not sure about Oregon specifically,
but in most states if a "deadbeat dad"
goes for long periods of time with no
child support paid, he will be required to
attend a court hearing to explain why he
isn't complying with a valid child support
order. The judge will generally give a certain
amount of time to get a job, or he could be
threatened with jail time.

Answer 4

I am not sure about Oregon, but my experiences are that Canadian provincial laws and state laws are not that different in family law.

Refusing to work is called voluntary unemployment and is not looked upon favourably by the courts. I have seen cases where child support is determined based on the salary if the payor had still been working at their last job.

Answer 5

they determine based on both parents income. If the person recieving doesnt work they the support is higher, if the person paying doesnt work then the judge will make provisions but if there is back support owed then suspension of the dirvers license and jail time could be given

Answer 6

I'm not sure about Oregon, but here in Texas, they spend some time in jail if they don't pay.

Answer 7

if it's like Oklahoma the state will pay it and rack up horrible bills against any future income. times have changed

Answer 8

Your best bet would be to contact a lawyer or some other official to find out for sure.

Answer 9

I can't wait to see answers for this one.

Answer 10

jail time