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Child Support exists to raise the standard of living for children by enforcing their right to receive financial support from both of their parents. The child support program assists families with collecting much needed child support from parents who are not in the home.
Under Oregon law, a father of a child born outside of marriage is not responsible for child support payments until paternity has been established. Oregon Child Support law allows paternity to be established by a court or by having the father sign a Voluntary acknowledgment form that he is the father of the child. If an alleged father refuses to sign an acknowledgment of paternity, Child Support Enforcement Services attorneys or contract District Attorneys may file a paternity suit asking the court to determine paternity by making the alleged father take a Genetic Test.
Genetic Testing: Genetic testing is another method used in determining a child's paternity. Genetic testing can take place in the child support office, hospital or clinic. The mother, child, and possible father will be tested. Genetic tests can be requested by the mother, father, child or the court. In most cases the state is required to do genetic testing if the child’s father has not yet been identified. Your child has the right to other possible benefits from both parents. Many of these benefits may be denied to your child if legal paternity is not established. Some of these benefits may include:
By law, if you sign the paternity affidavit, your name will be listed as the father on the child's birth certificate. If you are not married to the mother of your child at the time your child is born, the state is required to register the child with the mother's last name. If paternity is established by an affidavit, and the mother agrees, you can make sure that your child has your last name.
Creating an Oregon Child Support Order
To create a support order, the child support agency needs some basic information such as:
The child support attorney will use the information to decide if a court action is needed. The court may issue a support order. If one parent lives in a different state Child Support will work with the other state to create or change a support order.
Federal law limits the amount that may be withheld from earnings to satisfy Oregon Child Support obligations. States are allowed to set their own limits provided they do not exceed the Federal limits. Regardless of the number or withholding orders that have been served, the maximum that may be withheld for child support is:
Oregon Child Support automatically reviews child support orders every three (3) years if the family is receiving public assistance. Other orders being enforced through CSE office can be reviewed every three (3) years, if either parent requests a review. A review can be requested at any time if a substantial change in circumstances occurs. CSE determines the present income and assets of both parents and the needs of the child(ren). If appropriate, CSE then can seek to modify the order.
What is "income withholding"?
Income (or wage) withholding is an efficient and reliable means of collecting periodic Oregon Child Support obligations. When Oregon (or any other state) sends a notice of wage withholding for an employee to the employer, federal and state laws require that employer to begin withholding child support from the employee's wages. Employers deduct the amount specified under the terms of the withholding notice from the employee's paycheck and forward it to the state within seven (7) business days. Income can also be withheld when the Non- Custodial Parent has other sources of income, such as Unemployment Insurance Benefits, and Worker's Compensation. The following below are areas income withholding is used:
Important Term: Child Support
A financial support paid by a parent to help support a child or children of whom they do not have custody. Child support can be entered into voluntarily or ordered by a court or a properly empowered administrative agency, depending on each State’s laws.
The program will work to enforce the Oregon Child Support amount that is ordered by the court. These are some of the enforcement tools used:
These same tools may also be used to enforce a dollar-specific amount for medical support.
To enforce health insurance coverage ordered by a court, the program issues a National Medical Support Notice to the non-custodial parent's employer requiring the employer to enroll the child in any available health insurance plan.
Terms to help:
An alleged father is a man who claims or is claimed by another person to be the father of a child, but who has not been legally determined to be the father of that child.
Review and Adjustment
Review and adjustment is the process in which information is obtained from both parties in a child support case and evaluated to determine if the support order needs to be adjusted for changes in the:
The terms arrears, and arrearage, mean support obligation amounts that are overdue and unpaid.
Genetic and Blood Testing
Genetic and blood testing is the process that compares the characteristics of the genes of the parties to predict the probability, or exclude the possibility, that an alleged father is the biological father of a child.
Income withholding is the deduction of the current basic support, child care support, medical support, or spousal support obligation and arrears from an obligor's wages or other sources of income.
States certify cases for passport denial when someone owes $2500 in back child support. Some states will send a release when the balance is below $2500. Other states require 0-dollar balance. If there is a critical illness or death in the family, a state may expedite a passport release. It can generally take up to two weeks from the time the state asks to have the passport released to the time that the State Department clears it.
Oregon Child Support Customer Service
Oregon Department of Justice
Division of Child Support
4600 25th Ave NE, Suite 180
Phone: (503) 373-7300 Toll Free: (800) 850-0228