Oregon Petition to Determine Custody, Parenting Time and Support of Child

State:
Oregon
Control #:
OR-HJ-176-08
Format:
PDF
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A01 Petition to Determine Custody, Parenting Time and Support of Child
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FAQ

It is a common misconception that there is a magic age when a child can decide which parent they will live with. In both Washington and Oregon, a child can only choose which parent they'd like to live with when they turn 18 or are otherwise emancipated.

I Have 50/50 Custody, Why Am I still Required to Pay Child Support? 50/50 custody arrangements do not necessarily absolve parents of child support obligations.A court will consider the income and earning potential of both parents and order the spouse with the higher income to pay child support.

Child maintenance payments It all depends on the child maintenance rate being paid and the number of shared care nights there are. If the day-to-day care of a child is shared equally between the paying parent and the receiving parent the paying parent will not have to pay any child maintenance for that child.

With 50/50 physical custody, each parent spends an equal amount of time with the child. Since this arrangement requires a lot of cooperation between parents, judges won't approve it unless they believe it will work and is in the child's best interest.

In the case of a 50/50 split, the higher earner usually pays child support to the lower earner to ensure the children's standard of living is the same in both locations.

Child support is still paid when parents have joint custody in Texas in most situations.Generally, in most joint managing conservatorship cases one parent is named the primary conservator who has the right to determine the primary residence of the child, and the other parent has visitation.

In determining a parent's income for child support purposes, courts typically look at the parent's gross income from all sources. They then subtract certain obligatory deductions, like income taxes, Social Security, health care, and mandatory union dues.

In general, a child cannot legally decide which parent to live with unless they are emancipated or reach the age of majority. However, let us assume that parties in a divorce are dealing with a custody and parenting time dispute related to a 16-year old child.

Oregon Custody Law Does Not Favor Either Parent Instead, according to Oregon custody law, courts largely base their decisions on what is in the best interests of the child. For example, if the mother has a history of committing domestic abuse, the father may have a higher likelihood of receiving sole custody.

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Oregon Petition to Determine Custody, Parenting Time and Support of Child