View Full Version : Child Support - Substantial Change in Circumstances?
MomWontGiveUp
Jul 13, 2010, 03:20 PM
The CP of my children agreed to an imputed income when we settled on CS. CP was unemployed at the time settlement was reached and still is. However, unemployment will be running out soon.
CP has no other "recordable" source of income other than CS (although rent and other cash expenses are provided off the grid through family.)
Reviews in Oregon are permitted every three years, unless a substantial change in circumstances arises. Would this situation create a substantial change in circumstances enough to warrant a CS Review?
cdad
Jul 13, 2010, 03:22 PM
If he gets a job or his income changes enough by percentage then you may be able to reapply. Also the rent being paid by family should also be considered as income for computation.
MomWontGiveUp
Jul 13, 2010, 03:46 PM
@dad - I'm the one who's paying :( There's not much I can do if he petitions for review - I'm just wondering if HIS situation is enough to warrant a review.
cdad
Jul 13, 2010, 04:07 PM
I understood it that way. But lets say he went from unemployment to disability. And the children received benefit also. Then that would be a big change? Depending on what the unemployment was. Also he has to have some kind of income. What did he do before and how much has he tried to get a job? Those are all issues for the courts. If he has had adequate time to get a job he should be impuned for the amount he used to make. See where its going.
MomWontGiveUp
Jul 13, 2010, 04:39 PM
@dad... okay. I thought maybe I wasn't clear in my first post.
He's been unemployed for almost 2 years. Prior to that, he worked for 4 months (which is the job/income level he was impuned). Before that... he hadn't worked in 3.5 years but made about $10K/yr more than the imputed amount used to calculate support on our current order.
How hard has he looked for a job? I'm sure very little. Why should he, when he has his parents, the state and myself to pay it all for him.
The kids are fed and housed. That's where the benefit of my CS $$ ends.
Fr_Chuck
Jul 13, 2010, 06:14 PM
Why are you paying him ?
MomWontGiveUp
Jul 13, 2010, 06:37 PM
@Chuck - he's the custodial parent - I'm ordered to pay him