Oregon
Child Support Laws

Oregon Child Support Guide :: Table of Contents

What Is Child Support?
Child Support Calculation Law Table
State Child Support Law Summary
Child Support Calculation Method
Oregon Child Support FAQ
Oregon Child Support Law Text

What Is Child Support?

Child support is an ongoing payment by a non-custodial parent to assist with the financial support of their children. Child support payments are often determined during the process of dissolution of a marriage through divorce, though the only requirements for requesting child support payments are establishment of paternity and maternity.

Child support is handled on a state level, and Oregon has a set of specific child support guidelines. On this page you can learn about how child support is calculated in Oregon, how custody split and extraordinary costs affect child support payments, and more.

Oregon Child Support Court Considerations Table

Income Share
Percent of Income
Extraordinary Medical Deduction
Childcare Deduction
College Support
Shared Parental Time Offset

Oregon Child Support Law Summary

Oregon uses the "income share" method for calculating child support payments, which is designed to ensure that both the custodial and non-custodial parents contribute to their child's upkeep.

Oregon's child support formula directly accounts for parents who share custody of a child, and support payment amounts are connected to the custody split. Other special situations accounted for under Oregon's child support law include childcare costs, extraordinary medical costs and college costs. These costs may be additions to the basic Oregon child support order.

How is Child Support Suspended?

A parent’s obligation to pay support to a child attending school is suspended when:

The child has reached 18 years of age and has not provided written notice of the child’s intent to attend or continue to attend school, the child has graduated, or has reached the date to stop attending classes

Services are not being provided under ORS 25.080

The parent has provided the child with a written notice of the parent’s intent to stop paying support directly to the child because the child is no longer a child attending school or the child has not provided written consent

Thirty days have passed since the parent provided the notice to the child and the parent has not received:

Written confirmation from the school that the child is enrolled and attending school

Written consent from the child

Services are being provided under ORS 25.080

A parent ordered to pay support has provided the department with written notice that the child is no longer a child attending school or that the child has not provided the written consent required

The department has provided written notice to the child requiring:

Written confirmation from the school that the child is enrolled in the school and attending school

Proof that the written consent required has been provided to the parent who was ordered to pay support

Thirty days have passed since the department provided the notice to the child and the department has not received:

Written confirmation from the school that the child is enrolled in the school and attending

Proof that the written consent required has been provided to the parent ordered to pay support.

When a parent’s support obligation has been suspended under this section, the obligation is reinstated:

If services are not being provided under ORS 25.080, effective on the date the parent receives written confirmation from the school that the child is enrolled in the school and attending and receives the written consent from the child as required

If services are being provided under ORS 25.080, effective on the date the department receives written confirmation from the school that the child is enrolled in the school and is attending school and receives proof that the written consent required has been provided to the parent ordered to pay support.

A party may appeal the department’s decision

Notwithstanding other provisions, if a parent who is required to pay support or maintenance of a child attending school has established a higher education savings plan for the child’s continued education, the court can order payment according to that plan instead of ordering support that would otherwise be paid directly to the child.

Oregon Child Support Calculation Formula Methods

Child support can be arranged out of court by a mutual support agreement between the parents, or can be decided in Oregon family court through a child support order. In Oregon, a number of factors are taken into account when determining the amount of child support to be paid in court. Here is an explanation of the two most common methods used to calculate basic child support amounts.

Income Share Method

Under the income share model, the court uses economic tables to estimate the total monthly cost of raising the children. The non-custodial parent pays a percentage of the calculated cost that is based on their proportional share of both parents' combined income.

Example: The non-custodial parent of one child has an income of $2,000 per month, and the custodial parent has an income of $1,000 per month. The court estimates that the cost of raising one child is $1,000 a month. The non-custodial parent's income is 66.6% of the parent's total combined income. Therefore, the non-custodial parent pays $666 per month in child support, or 66.6% of the total child support obligation.

Oregon does use the income share method to calculate child support

Percentage Of Income Method

This method of calculating child support is simple - a set percentage of the non-custodial parent's income is paid monthly to the custodial parent to cover basic child support expenses. The percentage paid may stay the same, or vary if the non-custodial parent's income changes.

Example: The non-custodial parent of one child has an income of $2,000 per month. The court orders a flat percentage of 25% of the non-custodial parent's income to be paid in child support to the custodial parent. Therefore, the non-custodial parent pays $500 per month in child support. If the non-custodial parent's monthly income changes, the dollar amount they pay in child support will change as well.

Oregon does not use the percentage of income method to calculate child support

Oregon Child Support Frequently Asked Questions

Oregon Child Support FAQ

How does having shared custody of the child affect child support in Oregon?
How are extraordinary medical costs treated by child support in Oregon?
How are child care costs treated by child support in Oregon?
Does child support cover college education expenses in Oregon?
How is child support enforced in Oregon?
What are child support arrears?
How are child support payments taxed in Oregon?

How does having shared custody of the child affect child support in Oregon?

All states have a method of modifying the amount of child support owed in cases where the custody agreement provides for joint or shared custody of a child between both parents.

Oregon law accounts for shared custody of a child directly in the child support formula used to calculate payment amounts. This means that, in cases where custody is shared, the amount of child support paid by the paying parent will be reduced according to the amount of time they have custody of the child.

How are extraordinary medical costs treated by child support in Oregon?

Oregon has specialized guidelines for the sharing of a child's extraordinary medical care costs that are separate from, and in addition to, basic child support payments. Extraordinary medical costs are generally costs generated by things such as illness, hospital visits, or costly procedures such as getting braces.

Oregon treats extraordinary medical care costs as a "mandatory deduction" for basic child support. This means that if the non-custodial parent pays child care costs, the portion of the total monthly child care costs attributed to the custodial partner are deducted from the noncustodial partner's monthly child support payment. If the custodial parent pays for child care, the non-custodial parent must pay their share in addition to basic child support.

How are child care costs treated by child support in Oregon?

Due to the high costs of child care for a single payment, Oregon has specialized guidelines that consider child care costs separately from the general costs of raising a child for the purposes of calculating child support payments.

Oregon treats child care costs as a "mandatory deduction" for basic child support. This means that if the non-custodial parent pays child care costs, the portion of the total monthly child care costs attributed to the custodial partner are deducted from the noncustodial partner's monthly child support payment. If the custodial parent pays for child care, the non-custodial parent must pay their share in addition to basic child support.

Does child support cover college education expenses in Oregon?

Oregon state law does allow courts to order the non-custodial parent to contribute to their child's college education upon graduating high school. Whether post-secondary education support is ordered, and the amount that may be ordered, varies depending on the situation.

How is child support enforced in Oregon?

In the state of Oregon, child support is enforced by the state child support agency. The state agency handles the location of non-custodial parents, enforcement of support orders, and the handling of unpaid child support arrears.

What are child support arrears?

Child support arrears are the amount of child support that is delinquent, or unpaid, by the noncustodial parent to the custodial parent. Child support arrears may be collected by the state through wage garnishment, bank levy. withholding of Oregon welfare benefits, or other collection methods.

How are child support payments taxed in Oregon?

Under IRS guidelines, the recepient of child support does not need to pay federal tax on child support payments, and the payer of child support cannot deduct their child support payments. This differs from the federal taxation of alimony payments, which are treated as taxable income by the receiver and are deductible by the payor. Oregon tax law may vary on tax treatment of child support.

| State Law Official Text

Section(s):
OR. REV. STAT. § 107.108

107.108 Support or maintenance for child attending school; rules. (1) As used in this section:

(a) “Child attending school” means a child of the parties who:

(A) Is unmarried;

(B) Is 18 years of age or older and under 21 years of age;

(C) Is making satisfactory academic progress as defined by the school that the child attends; and

(D) Has a course load that is no less than one-half of the load that is determined by the school to constitute full-time enrollment.

(b) “Regularly scheduled break” means:

(A) A summer semester or term;

(B) A period of time not exceeding four months between graduation from or completion of school and the beginning of the next regularly scheduled term, semester or course of study at school;

(C) A period of time between the end and beginning of regularly scheduled consecutive school semesters, terms or courses of study; or

(D) Any other scheduled break between courses of study that is defined by the school as a regularly scheduled break.

(c) “School” means:

(A) An educational facility such as a high school, community college, four-year college or university

(B) A course of professional, vocational or technical training, including the Job Corps, designed to fit the child for gainful employment; or

(C) A high school equivalency course, including but not limited to a General Educational Development (GED) program, an educational program for grade 12 or below and home schooling.

(2) A support order entered or modified under this chapter or under ORS chapter 25, 108, 109, 110, 125, 416, 419B or 419C may require either parent, or both of them, to provide for the support or maintenance of a child attending school.

(3) Notwithstanding ORS 416.407, a child attending school is a party to any legal proceeding related to the support order. A child attending school may:

(a) Apply for services under ORS 25.080:

(A) If a support order provides for the support or maintenance of the child attending school; or

(B) In accordance with rules adopted by the Department of Justice;

(b) Request a judicial or administrative modification of the child support amount or may receive notice of and participate in any modification proceeding; and

(c) Agree, in the same manner as an obligee under ORS 25.020 (12), that payments not made to the Department of Justice should be credited for amounts that would have been paid to the child attending school if the payments had been made to the department.

(4) Regardless of whether the child is a child attending school, an unmarried child who is 18 years of age or older and under 21 years of age:

(a) Is a necessary party to a judicial proceeding under ORS 107.085, 107.135, 107.431, 108.110, 109.103 or 109.165 in which the child’s parents are parties and the court has authority to order or modify support for a child attending school; and

(b) May request notice of any proceeding initiated by the administrator to modify a support order that may affect the child’s rights as a child attending school. To receive notice, the child shall provide an address to the administrator, and the administrator shall notify the child of any modification proceeding by first class mail. To be a party to a proceeding, the child must send a written request to the administrator within 30 days after the date of the notice of the proceeding.

(5)(a) If a support order provides for the support or maintenance of a child attending school and the child qualifies as a child attending school, unless good cause is found for the distribution of the payment to be made in some other manner, support shall be distributed to the child if services are being provided under ORS 25.080 or shall be paid directly to the child if those services are not being provided.

(b) Unless otherwise ordered by the court, administrator or administrative law judge, when there are multiple children for whom support is ordered, the amount distributed or paid directly to a child attending school is a prorated share based on the number of children for whom support is ordered. However, if, due to a parenting time or split custody arrangement, support was not paid to the parent having primary physical custody of the child before the child turned 18 years of age, support may not be distributed or paid directly to the child attending school unless the support order is modified.

(c) The Department of Justice shall adopt rules to define good cause and circumstances under which the administrator or administrative law judge may allocate support by other than a prorated share and to determine how support is to be allocated in those circumstances.

(6)(a) For support payments to continue to be distributed or paid directly to the child attending school, the child shall provide to each parent ordered to pay support and, if services are being provided under ORS 25.080, to the department:

(A) Written notice of the child’s intent to attend or continue to attend school. The child shall provide the notice before reaching 18 years of age. The notice must include the name of the school and the expected graduation date or date when the child will stop attending classes. If the child changes schools, the child shall provide the information required by this subsection concerning the subsequent school before the expected graduation date or date when the child will stop attending classes at the previous school.

(B) Written consent that:

(i) Is directed to the child’s school and is in a form consistent with state and federal requirements that restrict disclosure of student records;

(ii) Gives the school authority to disclose to each parent ordered to pay support the child’s enrollment status, whether the child is maintaining satisfactory academic progress, a list of courses in which the child is enrolled and the child’s grades; and

(iii) States that the disclosure is for the purpose of permitting each parent to verify the child’s compliance with the requirements of this section.

(b) The child shall provide the written consent form described in paragraph (a)(B) of this subsection within 30 days after the beginning of the first term or semester after the child reaches 18 years of age, at the beginning of each academic year thereafter and as otherwise required by the school to disclose the information under this section.

(c) If an order of nondisclosure of information has been entered concerning the child under ORS 25.020, the child may provide the information described in paragraph (a)(B) of this subsection in the manner established by the department by rule.

(7) Each parent ordered to pay support shall continue to make support payments, to be distributed or paid directly, to the child during regularly scheduled breaks as long as the child intends to continue attending school the next scheduled term or semester.

(8) A parent’s obligation to pay support to a child attending school is suspended when:

(a) The child has reached 18 years of age and has not provided written notice of the child’s intent to attend or continue to attend school, or the child has graduated or reached the date to stop attending classes, as provided under subsection (6)(a)(A) of this section;

(b)(A) Services are not being provided under ORS 25.080;

(B) The parent has provided the child with a written notice of the parent’s intent to stop paying support directly to the child because the child is no longer a child attending school or the child has not provided the written consent required by subsection (6)(a)(B) of this section; and

(C) Thirty days have passed since the parent provided the notice to the child and the parent has not received:

(i) Written confirmation from the school that the child is enrolled in the school and is a child attending school; or

(ii) The written consent from the child as required by subsection (6)(a)(B) of this section;

(c)(A) Services are being provided under ORS 25.080;

(B) A parent ordered to pay support has provided the department with written notice that the child is no longer a child attending school or that the child has not provided the written consent required by subsection (6)(a)(B) of this section;

(C) The department has provided written notice to the child requiring:

(i) Written confirmation, on a form developed by the department, from the school that the child is enrolled in the school and is a child attending school; and

(ii) Proof that the written consent required by subsection (6)(a)(B) of this section has been provided to the parent ordered to pay support; and

(D) Thirty days have passed since the department provided the notice to the child and the department has not received:

(i) Written confirmation from the school that the child is enrolled in the school and is a child attending school; or

(ii) Proof that the written consent required by subsection (6)(a)(B) of this section has been provided to the parent ordered to pay support.

(9) When a parent’s support obligation has been suspended under subsection (8) of this section, the obligation is reinstated:

(a) If services are not being provided under ORS 25.080, effective on the date the parent receives written confirmation from the school that the child is enrolled in the school and is a child attending school and receives the written consent from the child as required by subsection (6)(a)(B) of this section; or

(b) If services are being provided under ORS 25.080, effective on the date the department receives written confirmation from the school that the child is enrolled in the school and is a child attending school and receives proof that the written consent required by subsection (6)(a)(B) of this section has been provided to the parent ordered to pay support.

(10) If a parent ordered to pay support is paying a prorated share under subsection (5) of this section and that obligation is suspended under subsection (8) of this section, the parent shall pay to the obligee the amount previously paid to the child attending school until such time as the support order is modified. The suspension of a parent’s obligation to pay support to a child attending school is a substantial change of circumstances for purposes of modifying a support order. In a proceeding to modify a support order, the court, administrator or administrative law judge may order a modified amount of support and may order an amount of support to be paid in the event that a support obligation is reinstated under subsection (9) of this section.

(11)(a) If services are being provided under ORS 25.080 and the department has suspended a support obligation under subsection (8) of this section or reinstated a support obligation under subsection (9) of this section, a party may request administrative review of the action within 30 days after the date of the notice that the department has suspended or reinstated the support obligation.

(b) The department may adopt rules specifying the issues that may be considered on review.

(c) A party may appeal the department’s decision on review under ORS 183.484.

(12)(a) Notwithstanding any other provision of this section, if a parent who is required to provide for the support or maintenance of a child attending school has established a higher education savings plan for the child’s continued education, the court may order payment in accordance with the plan instead of ordering support that would otherwise be distributed or paid directly to the child under this section.

(b) If the court orders payment in accordance with the plan, the court may not order compliance with or payment of that provision of the order through the department.

(c) As used in this subsection, “higher education savings plan” means a tax-advantaged account established by a parent on behalf of a child for the purpose of paying qualified higher education expenses of the child at eligible educational institutions.

(13) A support order that provides for the support or maintenance of a child attending school is subject to this section regardless of when the support order was entered.

(14) A support order that provides for the support or maintenance of a child attending school is intended to recognize the importance of continuing education for a child over 18 years of age who does not benefit from an intact family or who has been removed from the household. While support may serve to supplement the resources available to the child attending school, it is not intended to replace other resources or meet all of the financial needs of a child attending school. [1973 c.827 §12b; 1981 c.669 §1; 1989 c.518 §1; 1995 c.343 §21; 1997 c.704 §51; 2003 c.73 §50a; 2003 c.75 §84; 2003 c.576 §110; 2005 c.591 §1]

Oregon Child Support Laws

How is Child Support Suspended?

Income Share Method

Percentage Of Income Method

Oregon
Child Support Laws