What is the name of your state (only U.S. law)? Oregon
I'm the custodial parent and obligee on the case. There is a support order that has been in place since 5/1/09. The obligor has paid approximately three months worth of payments and has arreareages of $17k.
Yesterday I was served with a modification proposal. The proposal dictates the order to be modified to zero during the entirety of his incarceration + 61 days after release.
I did some [lax] research regarding the ORS laws that govern the grounds for this proposal and found one little "loophole," if you will. The ORS states: "...when an incarcerated obligor who requests a modification is confined for at least six consecutive months and a monthly gross income of less than $200, the child support agency shall presume the obligor has zero ability to pay support and to modify the order to 90.113 The agency may satisfy assigned arrears if the paying parent is experiencing substantial hardship.”"
I'm clearly not an attorney so it's all relative, but one red flag: on the worksheet that is attached to order I was served, he listed his monhtly income as $314.00. (Plus, I know he's omitting at least $1k in passive income from undisclosed property, but that's a whole other headache for me to prove.)
So, in short... is this $114 difference enough for me to request a hearing and dismiss this proposal? Also, is the ORS I found legitimate? The ways of internet always leave me wondering.
I'm the custodial parent and obligee on the case. There is a support order that has been in place since 5/1/09. The obligor has paid approximately three months worth of payments and has arreareages of $17k.
Yesterday I was served with a modification proposal. The proposal dictates the order to be modified to zero during the entirety of his incarceration + 61 days after release.
I did some [lax] research regarding the ORS laws that govern the grounds for this proposal and found one little "loophole," if you will. The ORS states: "...when an incarcerated obligor who requests a modification is confined for at least six consecutive months and a monthly gross income of less than $200, the child support agency shall presume the obligor has zero ability to pay support and to modify the order to 90.113 The agency may satisfy assigned arrears if the paying parent is experiencing substantial hardship.”"
I'm clearly not an attorney so it's all relative, but one red flag: on the worksheet that is attached to order I was served, he listed his monhtly income as $314.00. (Plus, I know he's omitting at least $1k in passive income from undisclosed property, but that's a whole other headache for me to prove.)
So, in short... is this $114 difference enough for me to request a hearing and dismiss this proposal? Also, is the ORS I found legitimate? The ways of internet always leave me wondering.
