Bill Text: OR HB2812 | 2011 | Regular Session | Introduced

Oregon House Bill 2812 (Prior Session Legislation)

Introduced

Bill Title: Relating to the formula for determining child support awards.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2812 Detail]

Download: Oregon-2011-HB2812-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1510

                         House Bill 2812

Sponsored by Representative THATCHER (at the request of Terry
  Bouie) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits formula for determining child support awards from
reducing income of obligee for current dependent if father of
current dependent is not obligor.

                        A BILL FOR AN ACT
Relating to the formula for determining child support awards;
  creating new provisions; and amending ORS 25.275.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 25.275 is amended to read:
  25.275. (1) The Division of Child Support of the Department of
Justice shall establish by rule a formula for determining child
support awards in any judicial or administrative proceeding. In
establishing the formula, the division shall take into
consideration the following criteria:
  (a) All earnings, income and resources of each parent,
including real and personal property;
  (b) The earnings history and potential of each parent;
  (c) The reasonable necessities of each parent;
  (d) The ability of each parent to borrow;
  (e) The educational, physical and emotional needs of the child
for whom the support is sought;
  (f) The amount of assistance that would be paid to the child
under the full standard of need of the state's IV-A plan;
  (g) Preexisting support orders and { + , except as provided in
subsection (5) of this section, + } current dependents; and
  (h) Other reasonable criteria that the division may find to be
appropriate.
  (2) The formula described in subsection (1) of this section
must also comply with the following standards:
  (a) The child is entitled to benefit from the income of both
parents to the same extent that the child would have benefited
had the family unit remained intact or if there had been an
intact family unit consisting of both parents and the child.
  (b) Both parents should share in the costs of supporting the
child in the same proportion as each parent's income bears to the
combined income of both parents.
  (3) The formula described in subsection (1) of this section
must be designed to ensure, as a minimum, that the child for whom
support is sought benefits from the income and resources of the

absent parent on an equitable basis in comparison with any other
minor children of the absent parent.
  (4) The child support obligation to be paid by the obligor and
determined under the formula described in subsection (1) of this
section:
  (a) May be reduced or increased in consideration of medical
support, as provided in ORS 25.321 to 25.343.
  (b) May be reduced dollar for dollar in consideration of any
Social Security or apportioned Veterans' benefits paid to the
child, or to a representative payee administering the funds for
the child's use and benefit, as a result of the obligor's
disability or retirement.
  (c) Shall be reduced dollar for dollar in consideration of any
Survivors' and Dependents' Educational Assistance under 38 U.S.C.
chapter 35 paid to the child, or to a representative payee
administering the funds for the child's use and benefit, as a
result of the obligor's disability or retirement.
   { +  (5) In determining the child support award under the
formula described in subsection (1) of this section, the income
of the obligee may not be reduced in consideration of a current
dependent:
  (a) Whom the obligee is required to support;
  (b) Who is a child born to the obligee; and
  (c) Whose paternity as established or rebutted under ORS
109.070 is a man who is not the obligor. + }
  SECTION 2.  { + The amendments to ORS 25.275 by section 1 of
this 2011 Act apply to child support awards based on income
determinations involving current dependents as described in ORS
25.275 (5) conceived or born on or after the effective date of
this 2011 Act. + }
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