The current economy is having a major impact on families and the ability pay child support. Child support obligors are either losing their jobs or suffering a substantial reduction in income. As such, our Courts are facing a huge increase in requests for child support modifications. Often the Court is required to reduce the child support obligation, leaving the custodial parent in dire financial condition. Nonetheless, the Courts are required to allow the non-custodial parent to continue to support himself or herself.
Post-judgment child support modifications are governed by ORS 107.135. The modification can be made in either the circuit court in the county in which the original order was made or by requesting a review through the Department of Justice. The party requesting the modification must show that there has been a substantial change in economic circumstances since entry of the underlying judgment.
It is important to note that a judgment for child support remains in effect until it is modified by the Court. Informal agreements by the parties are not enforceable and there are no retroactive modifications of support. Accordingly, the person suffering the reduction of income must request the modification as soon as possible.
Please contact Paul F. Sherman for more information or to receive legal advice on your specific situation. Call now for a free consultation.