Support in Oregon

Overview of Oregon Support Law

Oregon uses the income shares model for child support, combining both parents’ incomes to determine the total obligation. Spousal support — formally referred to as spousal support rather than alimony in Oregon statutes — is a separate determination governed by ORS 107.105 and comes in three distinct types. Both child support and spousal support are commonly addressed during divorce proceedings under ORS Chapter 107.

How Child Support Is Calculated

Oregon’s child support guidelines are established by the Oregon Child Support Guidelines Advisory Committee and codified in ORS 25.275 and OAR 137-050-0700 through 137-050-0765. The calculation begins with each parent’s gross income, which includes wages, salaries, commissions, bonuses, self-employment income, rental income, unemployment benefits, Social Security benefits, and most other income sources. The court may impute income to a parent who is voluntarily unemployed or underemployed.

After determining each parent’s gross income, the guidelines apply adjustments for:

• Taxes and mandatory withholdings
• Existing support obligations for other children
• Health insurance premiums for the child
• Work-related childcare costs
• Parenting time credits (for the parent exercising parenting time)

The combined adjusted incomes are then applied to the guidelines schedule, which specifies a base support obligation depending on income levels and the number of children. Each parent’s share is proportional to their contribution to the combined income. For a broader explanation of income shares calculations, see our guide on how child support is calculated. To estimate your potential obligation, try our child support calculator.

Key Factors and Deviations

Oregon courts may deviate from the calculated guideline amount when the standard result would be unjust or inappropriate. The court considers the following deviation factors:

• Shared or split parenting time arrangements
• Transportation costs associated with parenting time
• Income of a new spouse or partner to the extent it frees up resources
• Special hardships of a parent, including extraordinary medical expenses
• Needs of other dependents
• Benefits received by the child, such as Social Security benefits derived from a parent’s account
• The net income available after mandatory deductions
• Any other factors the court considers relevant

Any deviation must be supported by findings explaining why the guidelines amount is inappropriate.

Modifying Child Support

Either parent can seek a modification of child support by demonstrating a substantial change in circumstances not contemplated in the existing order. Modifications can only be retroactive to the date of filing the motion to modify. Common grounds for modification include:

• A significant change in either parent’s income
• A change in the parenting time arrangement
• A change in the child’s needs
• A change in the cost of health insurance or childcare
• A child aging out of support (in Oregon, child support generally continues until the child turns 18, or 21 if still attending school under certain circumstances)

The Oregon Child Support Program, administered by the Department of Justice, can also initiate reviews and modifications.

Enforcing Child Support

Oregon enforces child support through the Oregon Child Support Program within the Department of Justice. Enforcement tools include wage withholding, federal and state tax refund intercepts, suspension of driver’s and professional licenses, contempt of court proceedings, property liens, passport denial, credit bureau reporting, and bank account levies. Oregon participates in interstate enforcement through the Uniform Interstate Family Support Act (UIFSA).

Spousal Support in Oregon

Oregon is notable for recognizing three distinct types of spousal support, each with a different purpose (ORS 107.105):

• Transitional support is designed to help a spouse transition to the post-divorce economy by providing short-term assistance for education, training, or vocational development. It typically lasts no longer than ten years.
• Compensatory support compensates a spouse who made significant contributions to the other spouse’s education, training, career, or earning capacity during the marriage. For example, if one spouse worked to put the other through professional school, compensatory support may be appropriate.
• Spousal maintenance addresses the long-term needs of a spouse who cannot become self-supporting at the standard of living established during the marriage. It is most common in longer marriages where one spouse served primarily as a homemaker or caregiver.

Courts may award one, two, or all three types in a single case, depending on the facts.

Factors the Court Considers for Spousal Support

Under ORS 107.105, the court evaluates:

• The duration of the marriage
• The age and physical, mental, and emotional health of both parties
• The standard of living established during the marriage
• The relative income and earning capacity of each party
• The training, employment skills, and work experience of the party seeking support
• The need for education, training, or retraining
• The extent to which earning capacity was reduced by domestic responsibilities during the marriage
• Custodial and child support responsibilities
• Tax consequences of the support award
• Any other factors the court deems just and equitable

Oregon courts generally view marriages of 20 years or more as strong candidates for spousal maintenance. Shorter marriages more commonly result in transitional or compensatory support.

Modifying Spousal Support

Spousal support orders in Oregon can be modified upon a showing of a substantial change in circumstances not contemplated at the time of the original order. The modification is only retroactive to the date the motion is filed. Spousal support generally terminates upon the death of either party or the remarriage of the recipient. Cohabitation by the recipient may also be grounds for modification or termination, depending on the circumstances.

When to Seek Legal Help

Oregon’s three-type spousal support framework and income-shares child support model create a system with considerable nuance. Whether you expect to pay or receive support, understanding how the statutory factors apply to your situation is essential for achieving a fair outcome. Consider scheduling a free consultation to discuss your case with an experienced Oregon family law attorney.