How will a judge decide the amount of a child support award?
Oregon law has a formula for calculating child support that a judge should follow to give you a child support award. This formula, known as the Child Support Guidelines, takes into account:
- the parents’ incomes, earning history, and earning potential;
- the reasonable needs (necessities) of each parent;
- the ability of each parent to borrow money;
- the educational, physical, and emotional needs of the child;
- pre-existing support orders and current dependents;
- the amount of assistance that would be paid to the child under the full standard of need of the state’s IV-A plan; and
- other factors that are appropriate.1
Sometimes, as part of a divorce or custody case, parents will agree on a child support amount. If you and the other parent do not agree on the amount of support, a judge will order the support obligation. Also, the Oregon Child Support Program can establish a child support award if you request it, even if there is not a case in court.2
To get an idea of how much child support you can get you may access the Child Support Calculator online.3
1 O.R.S. § 25.275(1)
2 See Oregon Judicial Branch website
3 See Oregon Child Support Program website