How to stop child support in oregon

Modify an Existing Support Order

Calculating Your Monthly Child Support Obligation

A support order modification is similar to the process used when your child support order was established. The child support guidelines OAR 137-050-0700 through 137-050-0765 (PDF) » must be used to determine the new amount, which may be different than the current order. Use the  Child Support Guidelines Calculator

If either parent lives outside of Oregon, federal law provides guidance to determine which state is responsible for modifying a child support order. See Interstate Cases for more information.

Reviewing Your Support Terms

You may ask us to review the child or medical support terms of your order if it has been at least 35 months since the date the order was entered or reviewed. You can also show proof there has been a significant change of circumstance since support was last calculated. Examples of significant changes are:

• Physical custody of the child has changed
• Needs of the child have changed (changes in child care costs, health care coverage, etc. )
• Number of children involved has changed
• Income of one or both parents has changed
• A child included in the order is in the custody of the Oregon Youth Authority

Steps to Modifying a Current Order for Child Support

The timeline below shows the length of a typical modification process through the Oregon Child Support Program. A modification usually takes between 90-120 days, but may be longer or resolved sooner, depending on your family’s situation. If you have questions about the modification process, please send us a message through your online account, or contact Customer Service at 800-850-0228 or your case manager.

1. A parent submits a written request to modify a child support order.

   • Go to the Forms page to obtain a Request for Review – Modification or Termination Packet.

2. The Oregon Child Support Program reviews the request and sends notice to the other parent.

   We will confirm participants’ contact and financial information and create a proposed modification to the child support order. This process usually takes about 30 days.

3. The Oregon Child Support Program serves the proposed modification.

   Once a proposed order is created, the parents and any other participants will receive copies. The time for this step varies because it may take repeated attempts to serve the proposed modification. Assuming there are no issues completing service, the usual timeframe is 30–90 days.

4. Parents may correct information, request a hearing, or consent to the terms.

   • • If both parents agree in writing with the proposed order, the order is finalized immediately.
     • If neither parent contacts the Oregon Child Support Program within 30 days, the proposed order will be finalized no sooner than 34 days after it was served.
     • If we receive information that corrections are necessary, there may be an additional 30 days for either parent to take an action after the proposed order is amended.
     • If a hearing is requested, there are additional steps to take. Please see the Administrative Hearings Process page for more information.
   • The effective date of a modified child support order is the first of the month following the date the last non-requesting party was served with the proposed order, and the first of the month thereafter.

Both parents may consent to the modification. If either parent does not agree on the amount of support payments, a hearing may be requested. During the hearing, an administrative law judge will determine the appropriate amount for support payments. Learn more about the administrative hearing process.

For more information, see Child Support Timelines, send us a message through your online account, contact Customer Service at 800-850-0228 or contact your local child support office.

Reviewing Your Support Terms

You may ask us to review the child support or medical support terms of your order if it has been at least 35 months since the date the order was entered or reviewed. You also can show proof that there has been a significant change of circumstance since your order was finalized. Some examples of significant changes are:

• physical custody of the child has changed
• a child included in the order is in the custody of the Oregon Youth Authority
• needs of the child have changed
• number of children involved has changed
• income of one or both parents has changed

Both parents may consent to the modification. If either parent does not agree on the amount of support payments, a hearing may be requested. During the hearing, an administrative law judge will determine the appropriate amount for support payments. Learn more about the administrative hearing process.

For more information, see Child Support Timelines or contact your local child support office.

Support for Students Ages 18 - 21

Children at least age 18 and under 21 who are attending school may be entitled to receive child support payments from their parents if there is a current Oregon support order.

Child Attending School Requirements

The following requirements (as defined in ORS 107.108 » and OAR 137-055-5110 ») must be met before the Oregon Child Support Program can provide services:

1. There must be a current child support order or judgment providing for the support.
2. Judgment must not be fully satisfied in the court records.
3. Child must not be emancipated (married, active military, legally emancipated).
4. Child support order or judgment providing for the support of the child must have “child attending school” or ORS 107.108 » language.

Laws about adult children attending school are different for each state, and not all states allow for support to continue after the age of 18. Eligibility for continued support depends on the laws of the state where the child support order was originally created. This is true even if Oregon has revised or modified the other state’s order. If your order was created in a state other than Oregon, and you need to see that state’s requirements, please go to the Intergovernmental Reference Guide ».

Child Attending School Support Orders

Which best describes you?

Please selectChild Turning 18Age 18-21: Update InformationAge 18-21: Apply for SupportAge 18-21: Respond to SuspensionAge 18-21: Get Notified of Legal ActionsAge 18-21: Reinstate SupportParent Paying SupportParent Receiving Support/CaretakerRequest to Redirect Payment

Child Attending School FAQs

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Can support continue after a child turns 18?

Yes, most Oregon child support orders include support for children who continue their education after turning 18. If another state issued your original support order, it depends on the laws of that state. You will need to review your specific child support order.

What should I do for child support to continue under my Oregon order?

If your order has Child Attending School provisions and the child plans to continue in school, the child must follow the instructions on the section above under "Apply for or Modify a Child Attending School Support Order. " To qualify as a Child Attending School, the child must:

• be enrolled in school at least one-half time, as defined by the school.
• make satisfactory academic progress, as defined by the school.
• notify us and the paying parent(s) of the child’s intent to attend school.*
• consent to the release of information by the school to the paying parent(s) regarding the child’s enrollment status, academic progress, class schedule and grades.*
• tell us and the paying parent in advance of changing schools.

*If the Oregon Child Support Program has entered an order for non-disclosure, the child will send any required documents only to us.

Does support continue during regularly scheduled breaks from school?

Support continues during regularly scheduled breaks if the child intends to return to school the next term or semester.

When does support stop for an Oregon order?

Support ends when the child:

• reaches 18 years old, or up to 21 years old if child qualifies as a Child Attending School.
• marries.
• is otherwise emancipated (usually through a court finding).
• fails to respond to an objection from a paying parent.
• fails to provide required information (written notice of intent to attend or continue to attend school; school authorization to disclose information).
• provides written notice they no longer qualify as a Child Attending School.
• reaches the date they told us they planned to graduate or stop attending school and did not provide written notice they planned to continue in school.

What if a child is not enrolled at least one-half time or stops making satisfactory academic progress?

• The child should immediately notify us and the paying parent(s).
• A paying parent can file a written objection. The child will have 30 days to prove they qualify as a Child Attending School. If the child does not respond, or does not qualify, we will suspend the child’s support.

I'm a Child Attending School and my support order was suspended.

How can I start support again?

You must complete the steps described above to qualify as a Child Attending School.

Can a child between age 18 and 21 in Oregon Youth Authority custody qualify for support as a Child Attending School?

Although we do not collect support on behalf of OYA, depending on the terms of your order, support may be due directly to a child between the ages of 18 and 21 if they are in school. You can find information about child attending school requirements here. Contact the Oregon Child Support Program’s Child Attending School team at 503-986-5137 or [email protected] to determine the appropriate next steps for your case.

 

What if I think I might have a safety risk?

To learn how to address safety risks in the child support process, visit the Confidentiality in Unsafe Situations page.

How can I get more information?

For more information, you may call the Child Attending School team during business hours.

Child Attending School Team

Division of Child Support
Oregon Department of Justice
3210 Del Webb Ave NE
Salem, OR 97301

Phone: 503-986-5137
Fax: 503-986-0543
TTY: 1-800-735-2900

Email: [email protected]

How to Cancel Child Support?

It is necessary to apply to the court to determine the place of residence of the child with the father and cancel the alimony.

To stop paying child support legally, you must apply to the court in the order of action or writ proceedings to obtain a court decision or order to cancel child support . An executive document must be submitted to the bailiff service to stop the collection of alimony payments.

Child support can be canceled by a court decision or by agreement of the parents . At the same time, it is necessary that the property interests of the child are not violated. Therefore, the cancellation procedure is controlled by the court or notary.

Can single parent support be cancelled?

In the case when a child changed his place of residence from one parent who received child support to the one who paid them, it is possible to resolve the issue of canceling the calculation of alimony. The same should be done if the mother and child have left in an unknown direction and there has been no news from them for several years.

How is fixed child support determined?

Child support in a fixed amount is assigned as a multiple of the subsistence minimum for children in the region of residence of the recipient of the alimony, and in the absence of such an indicator in the subject of the country, the corresponding subsistence minimum for children established in the whole of the Russian Federation is used.

How to cancel child support?

For to cancel child support legally, the ex-father needs to go to court. The application must be accompanied by documents confirming the renunciation of paternity and the adoption of the child by another person. After the adoption of the court decision, the obligation to support the minor is removed.

How to write an application for termination of alimony payments?

An application for the cancellation of alimony for a child is filed with the district court at the place of residence of the recipient of alimony in cases of adoption or inaction of a bailiff or employer if there are grounds for terminating the collection. The amount of the state duty is determined based on the totality of the remaining payments for no more than a year.

Is it possible to cancel alimony from bailiffs?

Presentation of a writ of execution for collection alimony is the right, not the obligation of the claimant, and nothing prevents or not to file a writ of execution at all or to withdraw it in the future.

How to suspend child support payments?

In order to stop paying alimony , it is enough for a parent to prepare an evidence base and apply to the appropriate court with an application to stop collecting alimony (go to the sample). From the moment the court makes a decision, the parties cease to depend on each other, and maintenance payments cease.

Can child support payments be cancelled?

To stop paying child support legally, you must apply to the court in the order of action or writ proceedings to obtain a court decision or order to cancel child support . An executive document must be submitted to the bailiff service to stop the collection of alimony payments.

How can alimony be canceled if the child lives with the father?

To father no longer pay alimony for the maintenance of a child who lives with him and is supported at his expense, he needs to file a claim with the court for exemption from paying alimony .

What do I need to withdraw child support?

You can refuse alimony : Through the court Through a bailiff Through a notary

To certify the agreement, parents during a visit to the notary must have with them:

1. Own passports
2. Birth certificate of the child (or children)
3. All documents confirming the transfer of property
4. Previous agreement (if any)

Is it possible to cancel the decision of the court on alimony?

It is possible to cancel the decision on the recovery of alimony

Judges of the peace have samples of applications for its issuance. As as a rule, women write an application according to the model. The issued court order can be canceled if the debtor under maintenance payments received objections within 10 days from the date of receipt of its copy.

How to stop paying child support after 18 years?

A parent who makes maintenance payments has the right to apply to the accounting department with an application for termination of payments in connection with the acquisition of full legal capacity by the child. A copy of the document that recognizes the child as fully capable should be attached to the application.