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The Judge
The Judge, Family Law Attorney
Category: Family Law
Satisfied Customers: 703
Experience:  Active family lawyer & former Family Court judge with over 30 years experience in family law.
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My divorce finallized in Oregon 2 years ago and I lost custody

Customer Question

My divorce finallized in Oregon 2 years ago and I lost custody of my 3 kids to my ex-wife. I pay her child support monthly through the state of Oregon. I now live in Washington and I have remarried. I have had our oldest child (10) living with me for 1.5 years and now just got my second oldest (9) living with me as well. My 3rd child is still living with her mother in Oregon. I also have a step-child living with me from my current marriage. I want to modify child support with the state of Oregon, but will income from my current wife (step-mom) also be calculated as part of my income or will it be only my W-2 income? She also receives SS death benefits for her son from his deceased father. Will that be affected? Finally, I have paid a lot of out-of-pocket costs for my oldest who has been living with me and now my other son. Can I get any credit for that money spent? Please advise. Thank You!
Submitted: 8 years ago.
Category: Family Law
Expert:  The Judge replied 8 years ago.
Hello baddog,

This is how it will all shake out.

Your wife's income (from all sources) will not included because she does not have a legal obligation to support your children.

You will receive no credit in the calculations for your step-son because you do not have a legal obligation to support him.

You will receive no credit or right of reimbursement for payments or expenses above the amount of child support that you paid. The modification that you are seeking can only be retroactive to the date of filing.

Your ex-wifes support obligation will be calculated, based on her income under the Oregon formula, for 2 children. Your support obligation calculated, based on your income (and not including your current wife's income) under the Oregon formula, for 1 child.

The 2 support obligations will offset each other and the party with the greater support obligation will pay the difference to the other.

I hope this answers your question. If there is anything that you do not understand, please let me know and I will be happy to explain further.

In the meantime, please click "Accept" so that I may be paid for my answer and any subsequent follow-ups with you.

Thank you,

The Judge

P.S. I am frequently asked how someone can specifically request that I, personally, answer a question. Here’s how: for new questions in the future, always begin your question with “QUESTION FOR THE JUDGE.”

The Judge and other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank you! My ex-wife's current income is workman's comp due to an accident on the job which will require surgery. In addition, she also has applied for SS disability income, which she believes she will be rewarded for all 3 kids as a lifetime benefit until they reach 18. In total benefits, she will be making the more income than myself. Is her workman's comp and disability income reportable or is that considered untouchable? She also receives food stamps, health care, and other benefits based on 2 children currently from the state of Oregon while my food, health, costs, etc. for my 2 biological children are out of pocket. How will that be affected? Will it benefit me that I pay additional costs for my kids while she gets freebies?
Expert:  The Judge replied 8 years ago.
Hello again, baddog, and thank you for the payment,

I'm assuming that along with the change in child support you are requesting a formal change in custody.

Her workers comp and disability income are included in the child support calculation. When you say "untouchable," it's not that you are going to tap into those sources. But whatever she receives from those sources will be included in calculating her child support.

Child support includes health insurance. So if you are providing health insurance for the 2 children in your custody, her child support should be increased to reflect your cost of the health insurance for the children (and not you or your spouse).

Food stamps and other in-kind welfare payments are theoretically included in her income, but to the extent because they are not cash, they can be difficult to put a dollar value on. But that is the only adjustment for her "freebies."

It's always a pleasure to answer your questions, baddog. Please ask me as many as you want, or ask me to explain anything that you don't understand.

The Judge

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