Straight Answers to Questions About Child Support and Spousal Support
Questions about child support and spousal support (alimony), are among the first things clients ask in an initial consultation about a divorce or dissoultion of registered "domestic partnerships". They want to know how much they will receive or have to pay after the divorce or dissolution is final and how they will support themselves and their children during the proceedings.
At Jensen & Leiberan, our family law attorneys give clear and honest answers to questions about the legal process, including the legal criteria used by courts, how that criteria relates to the facts of the client’s case, and how it affects the attorney’s ability to achieve the client’s goals.
Temporary Orders of Support
Early in the process, your lawyer can ask the court to issue temporary orders for child support, spousal support (alimony) and suit money for attorney fees and costs. The purpose of such orders is to allow both parties to survive financially until the case is settled or tried before the court, and alleviates the problem of one party having the financial advantage over the other.
Child Support Guidelines
Child support in Oregon is calculated according to a set of strict guidelines. The number of joint minor children, the gross monthly income of each party, the amount of overnight parenting time each parent has with the children, the number of dependent children from other relationships, the cost of day care and health insurance are all used to determine if you should pay child support and, if so, how much.
At the initial consultation, we can run the child support calculations using preliminary numbers to give you an idea of where you stand. We will help you refine the assumptions used in the calculation to make the result more accurately reflect the true child support obligation in your case.
Spousal Support
While there is little room for discretion in the calculation of child support, spousal support is another matter. Whether, how much, and for how long spousal support is awarded varies greatly among Oregon courts and even among judges within each county.
Many factors are considered in the decision to award spousal support, including the length of the marriage, the contribution of one party to the current earning capacity of the other, the age and health of both parties, and the parties' incomes and work experience.
The current and future earning capacities of each party are among the most important factors the court considers. For example, if one party is making $30,000 a year, but has the education and experience to make $50,000, the higher amount can be factored into the spousal support decision.
Spousal support issues can hinge on decisions about property division, taxes and child support. The wide range of factors can allow creative attorneys the opportunity to craft settlement agreements that are specifically tailored to the unique needs of their clients.
At Jensen & Leiberan, we help our clients establish, enforce and modify child support and spousal support awards. We also defend clients against claims for spousal support (alimony) and . To arrange a consultation about your case, please contact our office in Beaverton, Oregon.
