SUMMARY
Covers the duty of child support, statutes authorizing support proceedings or support orders, child support in domestic partnerships, child support jurisdiction, determining the amount of child support, adult children, children in other settings, tax considerations, and payment of support. From Family Law in Oregon, 2023 edition. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 10
CHILD SUPPORT
PHILIP F. SCHUSTER II
WILLIAM R. VALENT
§ 10.1 INTRODUCTION
§ 10.2 EXISTENCE OF DUTY TO SUPPORT
§ 10.3 STATUTES AUTHORIZING SUPPORT PROCEEDINGS OR SUPPORT ORDERS
§ 10.3-1 State Statutes
§ 10.3-2 Federal Statutes
§ 10.4 CHILD SUPPORT IN THE DOMESTIC PARTNERSHIP CONTEXT
§ 10.5 CHILD SUPPORT JURISDICTION
§ 10.5-1 Jurisdiction in Rem
§ 10.5-2 Personal Jurisdiction and the UCCJEA
§ 10.5-3 Child Support and UIFSA
§ 10.5-4 Use of Long-Arm Jurisdiction
§ 10.5-5 UIFSA and Foreign Country Obligor Residents
§ 10.5-6 Venue Distinguished from Jurisdiction
§ 10.6 FACTORS AFFECTING AMOUNT OF CHILD SUPPORT
§ 10.6-1 Child Support Guidelines
§ 10.6-2 Burden of Proof
§ 10.6-3 Computing Individual Child Support Obligation
§ 10.6-4 Income
§ 10.6-4(a) Income Defined by Rule
§ 10.6-4(b) Cases Defining Income
§ 10.6-4(c) Additional Child Income Deduction for Parent
§ 10.6-4(d) Self-Employment Income or Operation of a Business
§ 10.6-4(e) Potential Income
§ 10.6-4(f) Imputation of Minimum Wage
§ 10.6-4(g) Temporary Income
§ 10.6-5 Parenting-Time Credit
§ 10.6-6 Rebuttal Factors
§ 10.6-6(a) Evidence of a Parent’s Other Available Resources
§ 10.6-6(b) Reasonable Necessities of a Parent
§ 10.6-6(c) Parent’s Net Income after Withholdings
§ 10.6-6(d) A Parent’s Ability to Borrow
§ 10.6-6(e) The Number and Needs of a Parent’s Other Dependents
§ 10.6-6(f) Special Hardships of a Parent
§ 10.6-6(g) Extraordinary or Diminished Needs of the Child
§ 10.6-6(h) Custodial Parent’s Desire to Be Full-Time Parent and Homemaker
§ 10.6-6(i) Tax Consequences
§ 10.6-6(j) The Financial Advantage of the Income from a Parent’s Spouse or Domestic Partner
§ 10.6-6(k) Additional Rebuttal Factors Set Forth in the Administrative Rules
§ 10.6-6(k)(1) Financial Advantage to Parent from Benefits of Employment
§ 10.6-6(k)(2) Evidence That Child Who Is Subject of a Support Order Is Not Living with Either Parent
§ 10.6-6(k)(3) Prior Findings That Existing Support Award Was Made in Consideration of Other Property and Findings Remain Relevant
§ 10.6-6(k)(4) A Parent’s Remaining Net Income after Paying Mutually Incurred Financial Obligations
§ 10.6-6(k)(5) Effect on Taxes of a Parent’s Income or Benefits
§ 10.6-6(k)(6) Return of Capital
§ 10.6-6(k)(7) Financial Costs of Supporting a Child Attending School
§ 10.6-6(l) Other Nonenumerated Rebuttal Factors
§ 10.6-7 Social Security Benefits Received on Behalf of Child
§ 10.6-8 Child-Care Costs
§ 10.6-9 Medical Support
§ 10.6-10 Spousal Support
§ 10.6-11 Low-Income Obligors
§ 10.6-12 Agreed Support Amount
§ 10.7 THE ADULT CHILD
§ 10.7-1 Liability for and Definition of Child Attending School
§ 10.7-1(a) Procedures Involving the CAS
§ 10.7-1(b) Modification, Suspension, and Reinstatement of Support for CAS
§ 10.7-1(c) Amount of Support for the CAS
§ 10.7-1(d) Rebuttal of Presumed Amount by Agreement
§ 10.7-1(e) Applying Other Rebuttal Factors to Payment of College Expenses
§ 10.7-2 Emancipation, Death, and Child Support
§ 10.8 CHILD SUPPORT FOR CHILDREN IN OTHER SETTINGS
§ 10.8-1 Children within Jurisdiction of Juvenile Court
§ 10.8-2 Stepchildren
§ 10.8-3 Children with Disabilities
§ 10.8-4 Children within Context of Protective or Psychological Parent Proceedings
§ 10.9 TAX CONSIDERATIONS IN CHILD SUPPORT
§ 10.9-1 Income Tax Deductions, Exemptions, and Credits
§ 10.9-2 Unallocated Family Support (Repealed)
§ 10.9-3 Collecting Support Arrears from Retirement Accounts and Tax Consequences
§ 10.10 CHILD SUPPORT ORDERS DEFINED FURTHER ...... 10-107
§ 10.10-1 Automatic Increases in Support Orders
§ 10.10-2 Duration of Child Support Judgments
§ 10.10-3 Interest on Support Orders
§ 10.10-4 Limited Judgments and Retroactive Support
§ 10.10-5 Setoff of Support and Support Arrearages
§ 10.11 PAYMENT OF SUPPORT
§ 10.11-1 Neither Payment nor Satisfaction in Kind; Equitable Estoppel
§ 10.11-2 Recovering Support Overpayments
§ 10.11-3 Maximum Garnishment of Social Security Benefits for Child Support
§ 10.11-4 Satisfying Child Support Obligation
§ 10.12 MISCELLANEOUS
§ 10.12-1 Enforcing Payment of Uninsured Healthcare Expenses
§ 10.12-2 Incarcerated Obligors
§ 10.12-3 Effect of Bankruptcy
§ 10.12-4 Life Insurance
§ 10.12-5 Termination or Suspension of Child Support When Parenting Time Withheld
§ 10.12-6 Termination of Child Support When Obligor Dies
§ 10.12-7 Uniform Trial Court Rules
§ 10.12-8 Modifiability of Child Support
Appendix 10A Abbreviations