What Does Child Support Cover?
Child Support 101: What it is, and who pays it
While almost everyone knows what child support is (or maybe even knows someone who’s paying it), few people know exactly how child support is calculated and ordered during divorce, custody, or child support proceedings. And this blind spot in knowledge makes sense — most people don’t enter a relationship and have a child expecting things to end, and so most people don’t expect to be paying or receiving child support in the future.
There are loads of “what ifs” and nuances when it comes to child support, like who pays who, what amount is paid, and how long that support is paid, but the general process is the same across divorce and child support cases where the two parties have children together in Oregon.
Let’s start with the basics… What exactly is child support? Oregon defines child support as “money one parent pays the other parent or guardian (or sometimes the State) to meet the needs of a child.” This definition is essentially where the similarities between individual child support cases start and end. Everything other than the intent of child support is totally dependent on the unique circumstances of the family.
How is child support determined?
In Oregon, there is an online calculator developed by the Oregon Child Support Program that can help parents estimate and understand their obligation with child support before it is brought to court. This calculator uses a formula based on information about the parties to determine who pays child support and the amount that’s paid:
Basic information about the parents & child: This is used to collect basic information about the individuals involved in the case and also more specific information about the child or children, like whether they’re in state care, their age, and whether or not they’re attending school between the ages of 18 and 21.
Income information: The most critical part of the child support calculation is the monetary part. Factors like both parents’ gross monthly income, other spousal support obligations (to be paid or received), and, if applicable, union dues, are captured by the form to understand the financial situation of each parent.
Children information: This section of the calculator is where parents can enter more detailed information about their child or children, especially noting things like how many overnights each parent has, any childcare-related costs either party pays, whether either party has non-joint children, and whether the parties’ child receives benefits from the government as part of a parent’s Social Security or veterans-related payments.
Healthcare information: Finally, the calculator will capture information about the cost of healthcare coverage for each parent and whether the child is currently insured, who provides that insurance, and how much it costs that parent.
Once it’s been determined who will pay what in child support — unless the parties agree to have payments made directly from the paying party (the “obligor”) to the receiving party (the “obligee”) — collection and enforcement of these payments is through wage withholding. Payments are collected by the Child Support Program, which is a division of the Oregon Department of Justice, and distributed to the receiving parent by direct deposit into a bank account or loaded onto a special debit card issued by the state and managed by US Bank.
What does child support cover in Oregon?
In general, how the money received from child support payments is used is up to the discretion of the receiving parent. Once the money is deposited into the obligee’s account or loaded onto the debit card, it is available to be used just like any other funds in that account. That means the electric bill, groceries, gas, entertainment, and any other household expenses can be paid with those funds.
Once a child support amount is set, a modification can be made in two circumstances: (1) if it has been 35 months since the last order, or (2) if there has been a substantial unanticipated change in circumstances since the entry of the original order.
While uninsured medical expenses are considered “additional child support,” they are not part of the calculation. What percentage of these costs each parent will be responsible for paying is something to be negotiated. In Oregon, the agreements or orders regarding sharing uninsured medical expenses and providing insurance for the children are a required part of the General Judgment.
–
Navigating child support proceedings can be daunting, but it doesn’t have to be
The best interests of a child or children should be one of the top priorities in divorce proceedings, which is why hiring a family law attorney who is experienced in divorce and child support is so important.
Here at DBMA Family Law group, we aim to be our clients’ biggest advocates, and we can help you get the child support you need. Reach out to us to schedule a consultation today!