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The following information regarding financial support is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

Marriages in Oregon are no longer ended by divorce, but are terminated by dissolution. In connection with dissolving a marriage, the court can order two kinds of support payment. These are spousal support, once called alimony, and child support. When unmarried parents establish legal custody of their children, the court can order child support only.

Spousal support is money that a court orders a man or woman to pay to a former spouse. Not every dissolution results in an award of spousal support. If the parties cannot agree, a judge must decide whether spousal support is appropriate, and, if it is, how much it should be. The court looks as factors such as the length of the marriage, the ages of the parties, their health, their work experience, earning ability, and future earning ability. The court also looks at such things as the standard of living the couple had during their marriage, how the couple plan to deal with property division, taxes, responsibility for debts, cost of health care, and the custody of minor children.

Following the dissolution of a marriage, both parties are entitled to maintain the standard of living that each enjoyed during the marriage, to the extent possible. While each case must be decided on its own facts and no formula can be stated, the most significant factor usually is the relative earning capacities of each party.

In some cases, spousal support may be ordered for an indefinite period. This is often called "permanent" support. In other cases, the award of spousal support will be for a limited period of time, for example, to allow the spouse receiving the support to obtain further education or training in order to secure employment.

In some cases, spousal support is interrelated with the division of property and is an important element in reaching a fair and equitable division. Therefore, spousal support does not always automatically terminate when the spouse receiving the payments remarries.
Either party may ask for a court hearing to change the amount of spousal support if there is a substantial change in the circumstances of either one of them.

Child support is money one parent must pay to the other parent who has custody for the care, support, education, and upbringing of the parties' minor children. In some cases, a court will decide what the amount of support should be. In other cases, an administrative law judge in the Oregon Department of Justice will determine the amount. In either situation, the judge will consider the incomes of each parent, regardless of which parent has custody. The parent having the greater earning capacity will, generally, be required to bear the greater portion of the financial burden for the support of the children. This is true even if the parents have joint custody. However, the amount of support should not be so great that the person cannot support himself or herself and other dependents.

Oregon law currently provides that child support orders follow a state formula. The formula is presumed to be correct unless the judge makes a specific finding that the formula would be unjust or inappropriate in that particular case.

The judge will look at all earnings, income and resources of each parent. This includes salaries, wages, commissions, advances, bonuses, dividends, pensions, trusts, workers' compensation, social security, unemployment, alimony and all other sources of income. The judge will then calculate the obligation of the non-custodial parent as being that fraction of the needs of the children that his or her income represents in comparison to the combined gross incomes of both parties. That amount may be adjusted by the cost of child care, regular medical expenses, usual educational expenses, and the cost of health and dental insurance. The judge will also consider any stepchildren and new children living in either parent's home and spousal support.

The following example may be helpful: Assume that the non-custodial parent has a gross income of $3,000 per month, and the custodial parent has a gross income of $1,500 per month. The combined incomes total $4,500 per month, of which 2/3 is attributable to the non-custodial parent. In such a case, the non-custodial parent would be required to pay 2/3 of the total amount needed to support the children, leaving the custodial parent who earned 1/3 of the income to pay 1/3 of the child support. Thus, if under the formula the support needs of one child total $600 per month, the non-custodial parent would be required to pay 2/3 of that amount, or $400 per month.

A parent may convince the judge the formula amount is wrong by showing evidence regarding such things as the other resources of a parent; necessities of a parent; net income; the ability to borrow; the number and needs of other dependents; the desirability of the custodial parent remaining at home; the tax consequences of spousal support; the tax consequences of who claims the child as a dependent; and the financial advantage afforded by one income of a spouse over someone living with the parent in a relationship similar to a spousal relationship. Unless the court finds that the amount is unjust or inappropriate in the particular case, support will be set at the amount arrived at by application of the formula.

Either party may request a hearing to have the amount of child support raised or lowered. To get a change, the parent must show a substantial change of circumstances since the time of the last order is shown. Remarriage, by itself, is not a ground for modification. Support may be modified after two years to remain consistent with the child support guidelines.

The law relating to support rights and obligations is very complex and has a substantial impact on the lives and resources of the parties involved. Legal representation to protect your rights may be a good investment.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.