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    jimandciara's Avatar
    jimandciara Posts: 4, Reputation: 1
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    #1

    Apr 5, 2010, 06:51 AM
    Is the step parent required to pay child support in Oregon or Florida?
    I am the step dad to my wife's sons who live full time in Oregon in the custody of her family.
    I have never met them, they are ages 16 and 18 and stayed up there for school. I am military and move a lot. We are currently stationed in Florida which is where we got married.
    She pays and is up to date on her child support, however, her family has stated they want more money. She was unemployed and a stay at home mom (but still paid child support) until recently. Now she is self employed but not making much.
    The family says they will now have my wages garnished for more support. My question; Can they do this? I am in the Navy and have limited income (it's public record how much I make) and we are about to be stationed in Guam as of August.
    What can I expect from this? The child support order was filed in Oregon. We currently live in Florida. I have no association with these kids, they don't like me etc... Religious differences... no extra money to be had! I don't make that much! Help me if you can with the answer please!
    Thanks
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 5, 2010, 07:04 AM

    The Oregon child support guidelines changed in January 2010. Here is the site but you need to put your personal info on the forms in order to come up with the calculation - https://justice.oregon.gov/guidelines/.

    In some States your income can be considered as household income - I cannot tell if this is the case without completing the Oregon form.

    Whether you have contact with her children, whatever the problems are, has no impact on child support. It will boil down to income.

    If there is an Order to pay support and she does not pay, yes, your wife's income, bank accounts can be seized/frozen/liened but I see no responsibility on your part to pay the support (other than considering your income, if that is the law in Oregon).
    jimandciara's Avatar
    jimandciara Posts: 4, Reputation: 1
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    #3

    Apr 5, 2010, 07:18 AM

    This form, while informative, does not address whether a step parents income is considered household income. But thank you for the link. However, I really need to find out if my income will be looked at as usable for support increase. Idk if my living in Florida and having 2 kids of my own will make a difference in Oregon...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Apr 5, 2010, 07:26 AM
    Quote Originally Posted by jimandciara View Post
    This form, while informative, does not address whether or not a step parents income is considered household income. But thank you for the link. However, I really need to find out if my income will be looked at as usable for support increase. Idk if my living in Florida and having 2 kids of my own will make a difference in Oregon...

    I went to the site and filled in the info with pretend names and numbers. It asks only for the parent's income, not household income.

    Did you complete the form and come to the same conclusion?

    No, living in Florida will not make a difference and having children will not make a difference because your income is not considered.

    Doesn't your base have an Attorney who answers questions such as these?
    jimandciara's Avatar
    jimandciara Posts: 4, Reputation: 1
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    #5

    Apr 5, 2010, 07:43 AM

    Yes I did come to that conclusion but then I found a site that shows that step parents must support their step children in Oregon but don't know if that means if they live with us p/t or whatever.
    Divorce Source: Table: Statutory Duty of a Stepparent to Support a Stepchild -And look at Oregon. Do you understand what this means?
    And yes, I have legal on base but it is a long wait to get into them, so in the meantime I thought I would put this out there for some input.
    It is the military... our motto is hurry and wait... I am kidding, kindof. I have an appt with them in 2 weeks, and her family wants to get this started this week, so I am a wreck here. Thank you for any help you can offer JudyKayTree and all others!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Apr 5, 2010, 08:29 AM

    This is turning into a complex question - every site (and reading the Law) raises another question. The law, of course, did change in January 2010. I don't know how you could be required to support a stepchild when your income is not part of the equation determining the amount of support.

    I did find this: "A Oregon stepfather is a man who marries a woman who had a child with another man. Stepfathers have no duty to support the child. However, a stepfather can adopt the stepchild with the stepchild's biological or acknowledged father's consent. If a stepfather legally adopts his stepchild, he assumes all rights and responsibilities to the child, for the duration of their lives."

    Oregon IL Paternity Lawyers | Present Your Case to An Attorney!

    When you get to see the base Attorney, please come back and let me know the answer. Very good, perplexing question!
    jimandciara's Avatar
    jimandciara Posts: 4, Reputation: 1
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    #7

    Apr 5, 2010, 08:48 AM
    Yes I know it is very complex and driving me a little crazy trying to figure it out. I was unaware that there was a law change this year. I will see if I can find what that was. Being as my income is NOT a part of the equation I am not certain how they are thinking I will be garnished for this, or even taken into account, since as you stated, my income isn't taken into consideration even as household income so far as I can determine.
    And as I mentioned, I have no relationship (not that I wouldn't love to) with the kids, much less adopt them. One is considered an adult at 18, but support will continue as he is still in school.
    The twists and turns of the law are not something I have ever been able to comprehend with any level of intelligence! :)
    I will of course tell you what the base lawyer states on this. If you find anything further, please post it and thank you again for your input!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Apr 5, 2010, 08:52 AM

    No problem - always glad to help (although in this case I'm not sure I was much of a help).

    As far as garnishing your check - I think it's a threat with nothing behind it.

    But I've been wrong before - !
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #9

    Apr 5, 2010, 11:34 PM
    Quote Originally Posted by jimandciara View Post
    I am the step dad to my wifes sons who live full time in Oregon in the custody of her family.

    The family says they will now have my wages garnished for more support. My question; Can they do this?
    What can I expect from this? The child support order was filed in Oregon. We currently live in Florida. I have no association with these kids, they don't like me etc...
    You are not obligated to pay child support.Your income cannot be considered in that case. A stepparent has duty to support his/her stepchild/ren only if s/he acts in loco parentis and that's not your case.

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