Modifying Child Support for Child Attending School. Other parent does not work.

[WillingToFight]

What is the name of your state (only U.S. law)? Oregon

My ex and I stipulated to a "Class Order" for 2 children a little over 3 years ago. At that time, my attorney did not advise me that the total amount ordered would continue through to the remaining child's 21st birthday unless the order was modified. I want to modify the order so it specifies 'per child' since both children are between 18 and 20 and attending school. My ex was imputed an income on the last order and I would ask that he be imputed at the same income again. I would enter my current income so support will go slightly up, then split equally for each child. Ex does not work but has cash resources available to him through his parents. How difficult would it be to have the court impute him again rather than minimum wage?

Potential Income. See 5(a) and 8: http://www.oregonchildsupport.gov/laws/rules/050_0715.pdf

Class Order. See 7 http://www.oregonchildsupport.gov/laws/rules/055_1020.pdf

Thank you

 

[LdiJ]

What is the name of your state (only U.S. law)? Oregon

My ex and I stipulated to a "Class Order" for 2 children a little over 3 years ago. At that time, my attorney did not advise me that the total amount ordered would continue through to the remaining child's 21st birthday unless the order was modified. I want to modify the order so it specifies 'per child' since both children are between 18 and 20 and attending school. My ex was imputed an income on the last order and I would ask that he be imputed at the same income again. I would enter my current income so support will go slightly up, then split equally for each child. Ex does not work but has cash resources available to him through his parents. How difficult would it be to have the court impute him again rather than minimum wage?

Potential Income. See 5(a) and 8: http://www.oregonchildsupport.gov/laws/rules/050_0715.pdf

Class Order. See 7 http://www.oregonchildsupport.gov/laws/rules/055_1020.pdf

Thank you

Unless it was an agreement between you and your ex, I don't think that you could get what you want. Child support is not a "per child" figure under any state's standard guidelines...it also would be impossible to get a judge to order a child support figure based on the grandparent's income. You might be able to get the court to impute him an income higher than minimum wage if you can prove that he is capable of earning more than minimum wage, but you are not going to be able to get a court to impute him a higher income simply because his parents have money.

 

[ecmst12]

What you would need to do is file to modify AFTER the first child turns 21, so it will be recalculated for one child.

 

[WillingToFight]

Per Child Modification

Unless it was an agreement between you and your ex, I don't think that you could get what you want. Child support is not a "per child" figure under any state's standard guidelines...it also would be impossible to get a judge to order a child support figure based on the grandparent's income. You might be able to get the court to impute him an income higher than minimum wage if you can prove that he is capable of earning more than minimum wage, but you are not going to be able to get a court to impute him a higher income simply because his parents have money.

Thank you, LdiJ. Oregon's child support calculation is set up for a 'class order' but I'm told by the Dept of Child Support that it is possible to modify the order before the older child turns 21 and have it specified as 'per child.' It's just something that many attorneys are not aware of. Most people assume that when the older child matures out of support, the support steps down by the older child's proportionate share. Not so! You either have to go back to modify calculating on the one remaining child or do it ahead of time 'per child' so that it steps down as each child matures. This part I'm not so concerned about. I'm being reassured that it's done all the time. The part that concerns me is that my ex will not agree to the imputed income again and take this as an opportunity to get more money. He is capable of earning a salary of at least $60K (which I'm not asking for). There are jobs where I work he would qualify for that I don't. Right now, there are new jobs coming available in this area with more to come in the next year with Keiser and Intel expansions. Honestly - he could be doing something, but has chosen not to.

Also in Oregon, once the child/ren turn 18, the state starts distributing child support directly to the child. It no longer is paid to the custodial parent. With a class order, the total amount is distributed proportionately to the number of children in the order.

I appreciate your insight! Thank you again.

 

[WillingToFight]

What you would need to do is file to modify AFTER the first child turns 21, so it will be recalculated for one child.

Thank you ecmst12. That's a possibility too but again... if ex is imputed at minimum wage, it negates the point of modifying then because support for one child will be more than it is now for two.

 

[nextwife]

Ex does not work but has cash resources available to him through his parents. How difficult would it be to have the court impute him again rather than minimum wage?

He should be imputed income based upon what HE is capable of earning, not what his PARENTS are capable of, but not legally obligated, to provide him.

 

[WillingToFight]

He should be imputed income based upon what HE is capable of earning, not what his PARENTS are capable of, but not legally obligated, to provide him.

I get what you are saying and if it were me in his situation, I would take the same position. However, I have found this: http://www.oregonchildsupport.gov/laws/rules/050_0715.pdf which in item (2) states: "Actual Income" means all earnings and income from any source, except as provided in section (4). Actual income includes but is not limited to: (d) Gifts and prizes, including lottery winnings.

Some attorneys in Oregon will argue that if it can be proved that the gifts are recurring and to be expected, it can be included as "Actual Income."

Regardless - he is capable of earning $60K (easily!) based on current job market, but I'm only asking to impute him at $38K which was the base salary of his last sales job. He wasn't there long enough to average any commissions.

 

[nextwife]

I get what you are saying and if it were me in his situation, I would take the same position. However, I have found this: http://www.oregonchildsupport.gov/laws/rules/050_0715.pdf which in item (2) states: "Actual Income" means all earnings and income from any source, except as provided in section (4). Actual income includes but is not limited to: (d) Gifts and prizes, including lottery winnings.

Some attorneys in Oregon will argue that if it can be proved that the gifts are recurring and to be expected, it can be included as "Actual Income."

Regardless - he is capable of earning $60K (easily!) based on current job market, but I'm only asking to impute him at $38K which was the base salary of his last sales job. He wasn't there long enough to average any commissions.

So, are you trying to impute his income or use actual income? OR trying to add the gift income he is getting, from his parents in lieu of earned income, to an imputed income?

How much is recurring gift income?

 

[WillingToFight]

So, are you trying to impute his income or use actual income? OR trying to add the gift income he is getting, from his parents in lieu of earned income, to an imputed income?

How much is recurring gift income?

Really, all I want is to impute him at $38,000, which is the base salary of his last job. If he doesn't agree/stipulate to that, I will dig deeper and motion to produce documents for his financials. The recurring gift income is (at minimum) the amount of his monthly lease, which is in his father's name.