Oregon Child Support Laws: Guidelines and Calculations
How to Apply for Child Support in Oregon
The Oregon Department of Justice, Division of Child Support offers comprehensive services including child support application, paternity establishment, support order establishment, enforcement, and collection services.
To apply for services, you have several options:
- Online: Create an account at the Oregon Child Support Customer Portal
- By Mail: Complete the Child Support Application (CSF 03 0574) and mail it to your local office
- In Person: Visit a child support office in your area
What to remember:
- A one-time $1 application fee is required for services.
- Parents who have never received TANF must pay an annual $35 service fee (per federal regulation).
- After creating your online account, a case manager will contact you and guide you through additional steps based on your family's needs.
- The Division may close your case if representatives cannot contact you after application.
- You can only access paternity services after creating an account.
For assistance, call 800-850-0228 or email childsupportcustomerservice@doj.state.or.us.
How is Paternity Established in Oregon?
Under Oregon law, when a child is born to a married couple, the law presumes the husband is the father. This presumption also applies when a child is born within 300 days after a divorce, legal separation, annulment, or the death of the spouse.
For unmarried parents, paternity can be established through:
- Voluntary Acknowledgment: Both parents sign a "Voluntary Acknowledgment of Paternity" form at the hospital after birth.
- Notarized Acknowledgment: Parents can sign the notarized version at any time for a $35 fee.
- Court Order: Either parent can petition the court for genetic testing through the Division of Child Support.
- Administrative Process: The Division of Child Support can establish paternity through administrative proceedings under ORS 25.550.
Why paternity establishment matters:
- Grants the father the right to seek visitation or custody of the child
- Establishes the child's inheritance rights
- Allows the custodial parent to seek birth cost reimbursement
- Enables support to be ordered from the date of the child's birth
Genetic test results are typically available within 15 to 30 days. Note that you must pay child support even if you reside outside Oregon.
How to Determine Child Support in Oregon
Oregon child support obligations are calculated using guidelines found in OAR 137-050-0700 to OAR 137-050-0765. Oregon uses the Income Shares Model, which bases support on what the parents would have spent on the child if the family had remained intact.
Under OAR 137-050-0715, there is a rebuttable presumption that an obligated parent can pay at least $100 per month as child support. If the calculated support is less than $100, it will be increased to meet this minimum.
However, this presumption does not apply if the parent:
- Receives public benefits (SSI, TANF, etc.)
- Is incarcerated
- Is disabled
- Has exactly 182.5 annual average overnights with the child (equal parenting time)
How to Calculate Child Support in Oregon
Oregon provides two primary methods for calculating child support:
Option 1: Online Calculator
Use the Oregon Child Support Guidelines Calculator for an interactive estimate.
Option 2: Worksheet Method
Download and complete the Child Support Worksheet (CSF 02 0910) along with the worksheet instructions.
To calculate parenting time credits, use Oregon's Parenting Time Calculator.
Important: The resulting figure from calculators and worksheets is an estimate only. The actual amount ordered by the court or Division may differ based on the specific circumstances of your case and the best interests of the child.
Deviation from Oregon Child Support Guidelines
The court or administrative law judge may deviate from the standard guidelines when circumstances warrant. Common reasons for deviation include:
- Involuntary financial hardship (such as involuntary unemployment or incarceration)
- Special or extraordinary needs of the child
- Extraordinary expenses incurred by either parent
- Significant income disparity between parents
- Children from other relationships
Consult with a family law attorney in your area for guidance on whether deviation may apply to your situation.
How to Modify Child Support in Oregon
Oregon allows parents to request a review and modification of their child support order 35 months after the order was established or last reviewed. However, you may request modification sooner if there has been a "substantial and continuing change" in circumstances.
Valid grounds for modification include:
- Involuntary job loss or significant income change
- Change in the number of children receiving support
- Change in the needs of the child
- Change in physical custody arrangements
- Disability of either parent or child
- Incarceration (see ORS 25.247 for rebuttable presumption provisions)
How to request modification:
- Download the Request for Review - Modification or Termination Packet (CSF 01 0142A)
- Complete the Uniform Income and Expense Statement (CSF 01 0100)
- Submit both forms to the Division of Child Support
The Division will notify the other parent after reviewing your petition. Depending on the request, the court may schedule a hearing or approve the petition if both parties agree.
For modification assistance, call 800-850-0228.
What Happens If You Do Not Pay Child Support in Oregon?
Failure to pay child support in Oregon can result in serious enforcement actions. The Division of Child Support has multiple tools to collect unpaid support:
- Income Withholding: Automatic deduction from wages, salary, and other income sources
- Tax Refund Interception: State and federal tax refunds can be intercepted
- Property Liens: Liens can be placed on real and personal property, preventing sale until arrears are paid
- Bank Account Levy: Funds can be garnished from bank accounts
- License Suspension: Driver's, professional, and recreational licenses may be suspended under ORS 25.750
- Passport Denial: Federal law allows passport denial for arrears over $2,500
- Credit Bureau Reporting: Past-due support is reported to credit bureaus
- Lottery Winnings Intercept: Lottery prizes can be seized
- Personal Injury Settlement Garnishment
Criminal Nonsupport in Oregon
ORS 163.555 defines criminal nonsupport as knowingly failing to provide support for a child under 18 when legally obligated to do so.
Criminal nonsupport is a Class C felony in Oregon. Penalties include:
- Up to 5 years in prison
- Fines up to $125,000
- Both imprisonment and fines in serious cases
The court generally views incarceration as a last resort because it reduces the parent's ability to earn income and pay support. You can prevent most enforcement actions by staying current on payments or requesting a modification if your circumstances have changed.
When Can I Stop Paying Child Support in Oregon?
Under Oregon law, child support typically ends when the child turns 18 years old. However, support may continue until age 21 if the child qualifies as a "child attending school" under ORS 25.501.
To qualify as a child attending school, the child must:
- Be between ages 18 and 21
- Be enrolled in school and making satisfactory academic progress
- Not be married or in a registered domestic partnership
- Not be emancipated
Support may continue indefinitely if the child is physically or mentally disabled and unable to support themselves.
Voluntary Termination of Parental Rights: In Oregon, a parent may only voluntarily terminate parental rights when another person is prepared to adopt the child. Note that termination of parental rights does not eliminate existing child support debt. The statute of limitations on collecting child support arrears is 10 years after the last payment was due.
Emancipation: Oregon allows minors at least 16 years old to petition for emancipation. Requirements include parental consent, financial independence, and demonstrating the ability to manage without parental assistance. Consult with a family court attorney to determine eligibility.
More Oregon Laws
Sources and References
- Oregon State Legislature(state legislature).gov