Promoting the Interests of Children in Oregon
When the parents of a minor child get divorced or are separated and unmarried, they must figure out how to allocate parenting time and responsibilities in a way that works for each of them and, most importantly, for their children. In many cases, two enormous factors in these negotiations are child support and spousal support.
Depending on your situation, you and your spouse might negotiate terms for both spousal and child support, one of the two, or neither. These payments will be based off of several factors, but are essentially constructed to help the family move forward with financial stability after a divorce is finalized. In that same vein, spousal support is designed to help the lesser-earning spouse enjoy the same standard of living after the divorce, while child support is constructed to ensure both parents contribute to the financial welfare of their child.
Why Choose Us?
If you are going through a divorce and have questions about either spousal or child support, or if you need to modify an existing order, you need to discuss your case with our team at Pacific Cascade Legal. We have experience handling a variety of family law cases, and we’re passionate about helping our clients. Our team currently holds a perfect 10.0 Superb Avvo Rating, and we’ve been recognized by prestigious organizations like Oregon Super Lawyers® and American Institute of Family Law Attorneys. If you need help, we’re here for you.
Call (541) 329-7455 today to get in touch with our child support and Eugene spousal support attorneys.
Spousal Support
Under Oregon law, either party in a divorce case may be entitled to receive payments from their former spouse for the purpose of alleviating financial hardship that may result from divorce. In many cases, a divorced spouse may leave a marriage lacking the capacity to earn enough income to cover their living expenses in accordance with the standard of living they enjoyed when married.
Generally, spousal support can be categorized into the following types:
- Transitional: Temporary payments intended to cover differences in financial earning capacity between the spouse until the supported spouse can obtain gainful employment.
- Compensatory: Payments are made for the purpose of reimbursing financial contributions a spouse made during marriage regarding the other’s education, training, or earning capacity.
- Spousal maintenance: In long-term marriages, spousal maintenance payments are meant to ensure that a financially disadvantaged spouse can maintain a standard of living close to what the parties achieved during marriage.
For example, if a mother stayed home to raise their children, and was out of the workforce for 20 years before the divorce, her earning capacity would be significantly lower than that of her spouse’s, if he or she was working during that time. In such a case, the wife might receive spousal support for her role in supporting her spouse’s career throughout the years, which could help supplement her on a monthly basis as she pursues other opportunities to help her restart a career.
Understanding Child Support
A parent owes a legal duty to provide financial support for their children. This duty exists independently of the parent’s marital status. As a result, divorced parents have a legal obligation to pay child support. The parent who does not live with the child is usually responsible for paying their share of child support because the other parent will, inherently, already pay for their living expenses and basic necessities.
The amount of child support a parent owes is determined according to statutory guidelines set forth in Oregon’s Child Support Guideline Rules § 137-050 et seq. The amount of child support owed can be calculated based on the respective income—also known as “available income”—and crediting certain expenses.
The following expenses can be deducted from a parent’s income to calculate child support:
- Out-of-pocket health insurance costs for childcare
- Out-of-pocket health insurance costs for the child
- Parenting time
Establishing Paternity
The basis of a person’s obligation to pay child support arises from the existence of a parent-child relationship. This is a legal relationship that is generally regulated by state law. In Oregon, paternity proceedings are a means of legally recognizing the existence of a parent-child relationship if the parental bond is not already established and acknowledged by some other legal means.
Paternity is determined by any of the following methods:
- Voluntary Acknowledgment of Paternity
- Legal presumptions based on the mother’s marital status
- Genetic testing of the purported parent
Contact Pacific Cascade Legal for Advice from Our Child & Spousal Support Attorneys in Eugene
To gain a better understanding of your rights and responsibilities when it comes to child support or spousal support in Oregon, you should consult an experienced attorney in Eugene from Pacific Cascade Legal.
To schedule a consultation about your case, please call us at (541) 329-7455 or contact us online today.