Oregon family law - child support guidelines are being changed and will go into effect Jan 2013. If I petition the court for a modification in Nov 2012 and don't get a hearing until after January 2013, would the calculations be based on the 2012 guidelines or 2013 guidelines? Ideally, I would like to stipulate but if my ex rejects my request, I'll ask for a judicial review and go the whole nine yards w/subpoenas for production of financials, etc. so I'll need to allow time for that. Timing will be important. If my ex agrees to stipulate, I don't want to begin paying a higher amount before I need to. I'll ask for his income to be imputed at his last salary (Dec 2008) along with my current salary. This will cause a slight increase in the total paid, but I'll be requesting a per child, per month amount, rather than the total combined amount per month. One child will turn 21 next year and the current order is a 'class order', meaning the total amount will not decrease unless it is modified.
State/Country relating to question: Oregon
Review of Oregonlaws.org and discussion/review of paperwork with local court facilitators.
I am a licensed attorney and am happy to help you with this.The court will interpret and apply the law as it stands on that day. Therefore, if your hearing is on January 2, 2013, and the law changes on the first, the new guidelines will apply. When the case was filed will be irrelevant to this issue. Further, if your hearing is on January 2, 2013, but the law does not change until the 10th, the old guidelines will apply. In this case, you or your ex would have to motion for another modification to have the court adhere to the new guidelines.If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.Thank you,Joe
I can answer general family law questions regarding the family code and procedure.
Thanks, XXXXX XXXXX what I thought. 'Just trying to get my ducks in a row.
Thanks, XXXXX XXXXX that's what I thought. Just needed to confirm.
Thank you for the rating! Please let me know if I can be of any more assistance. Best of luck.
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