Or. Admin. Code § 137-050-0710
Current through Register Vol. 63, No. 11, November 1, 2024
Section 137-050-0710 - Calculating Child Support(1) To calculate the guideline support amount:(a) Determine each parent's income as provided in OAR 137-050-0715.(b) Determine each parent's adjusted income and percentage share of adjusted income as provided in OAR 137-050-0720.(c) Determine each parent's income available for support ("available income") by deducting the self-support reserve from the parent's adjusted income as provided in OAR 137-050-0745.(d) Determine the basic support obligation and each parent's share, of the basic support obligation as provided in OAR 137-050-0725.(e) Add to each parent's basic support obligation the parent's share of child care costs as provided in OAR 137-050-0735.(f) Determine each parent's medical support obligation as provided in OAR 137-050-0750. Add each parent's share of health care coverage costs to the parent's obligation. Round cash medical support, if any, to the nearest dollar.(g) Determine each parent's parenting time credit as provided in OAR 137-050-0730.(h) Credit each parent's cash child support obligation for:(A) parenting time as provided in OAR 137-050-0730,(B) the parent's allowed out-of pocket costs for child care as provided in OAR 137-050-0735(1)-(4), and(C) the parent's out-of-pocket health insurance costs for the child as provided in OAR 137-050-0750.(i) Determine whether the parent will be ordered to pay cash child support or cash medical support for minor children as follows: (A) Only the parent with the greater net support obligation for minor children may be ordered to pay cash child support and, if applicable, cash medical support, for the minor children, except as provided in subsection (D).(B) To determine each parent's net obligation for minor children, determine the minor children's share of the parent's basic support obligation determined in OAR 137-050-0725(6). Add the parent's share of child care costs determined in 137-050-0735(5), and the minor children's share of the parent's health care coverage costs determined in 137-050-0750(14). Subtract each parent's parenting time credit determined in 137-050-0730(7), child care credit determined in section (1)(h)(B) of this rule, and the minor children's share of the health care coverage costs credit determined in section (1)(h)(C) of this rule.(C) For purposes of determining the minor children's shares under this subsection, each child is allocated an equal share of the total obligation, cost, or credit.(D) If a minor child lives with a caretaker or is in state care, both parents may be ordered to pay cash child support and, if applicable, cash medical support for minor children.(j) Determine whether the minimum order applies and apply any necessary increase as provided in OAR 137-050-0755.(k) Apply any reduction in support for Social Security or Veteran's benefits as determined in OAR 137-050-0740.(l) If the parent will be ordered to pay cash child support for minor children, determine the amount by dividing each parent's cash child support obligation by the total number of joint children and multiplying the result by the number of joint minor children. Round the result to the nearest dollar.(m) Determine the cash child support obligation for joint Children Attending School by dividing each parent's cash child support obligation by the total number of joint children and multiplying the result by the number of joint Children Attending School. Round the result to the nearest dollar.(n) Allocate cash medical support to joint minor children and joint Children Attending School in the same manner provided for cash child support in sections (1)(l) and (1)(m) of this rule.(2) Round all dollar figures to the nearest penny, except as otherwise provided. Example: $12.34. Round all percentages to the nearest one-hundredth of one percent. Example: 12.34%.(3) If all of the minor children for whom support is being calculated live with a caretaker other than a parent or the children are in the care or custody of the state, and the action is determining the support obligation of only one parent, consider only that parent's information. For the second parent in these single-parent calculations, use the same income, spousal support, union dues, parent's own health care coverage cost, and non-joint children as for the parent whose obligation is being calculated. Include the caretaker's child care costs, if any. Do not include any other information for the "other parent".(4) The obligations to pay cash child support and cash medical support, and to provide health care coverage under this rule together constitute the guideline child support obligation and are presumed just and appropriate, subject to the agreed support amount in OAR 137-050-0765 and rebuttal as provided in OAR 137-050-0760.Or. Admin. Code § 137-050-0710
DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10; DOJ 5-2010(Temp), f. & cert. ef. 2-12-10 thru 8-10-10; DOJ 11-2010, f. & cert. ef. 7-1-10; DOJ 3-2013, f. 5-15-13, cert. ef. 7-1-13; DOJ 8-2014, f. & cert. ef. 5-22-14; DOJ 19-2023, minor correction filed 10/23/2023, effective 10/23/2023Statutory/Other Authority: ORS 25.270 - 25.290 & 180.345
Statutes/Other Implemented: ORS 25.270 - 25.290