Oregon Divorce Laws

Oregon Divorce Laws regarding Child Support

The Oregon Division of Child Support furnishes data regarding child support. A formula has been established by ORS 25.270 to 25.287 which has to be applied while determining child support. However, although a child is a minor, support is not required in the following cases –

• The child has stopped to attend school after completion of 18 years of age
• The child has been married
• The child has been emancipated
• The child has become self supporting

The orders of the Court regarding child support are inclusive of the following –

• Maintenance of a health care plan for the child
• Maintenance of insurance to back the support
• Uninsured medical expenditure of the child

Chapter 107.106 and 107.105 of the revised statutes of this state are dedicated to the issue of child support.

Oregon Divorce Laws regarding Child Custody

Maintaining the intention of the best interests of the child in mind, the Court speculates the below mentioned issues while finalizing child custody –

• If the Court concludes that the primary caregiver of the child is fit, then the preference of this caregiver is taken into account
• Any abuse of one of the parents by the other
• The wish to continue an existing relation
• The attitude of the partners towards the child and their interest in the child
• The emotional status amongst the child and other family members
• The capacity and readiness of either parent to promote and facilitate a continued and close relation amongst the other parent and the child, unless such a relation brings the security or health of the other parent or child in danger

Prior to making a decision regarding child custody, the Court considers the life style, social environment, income, marital status and conduct of either parents and ascertains if any of these may result in physical or emotional damage to the child.

Spousal Support

The following factors are considered by the Court while settling spousal support –

• Whether each partner has the responsibility of child support and child custody
• The effects on tax of each party due to spousal support
• The economical resources and requirements of each party
• The relative earning ability of both partners
• The standard of living reached during marital life
• The station, health and age of both partners
• The period of marital life
• Any other issues which appear relevant to the Court

The Oregon Revised statutes Chapter 107.105 are observed while finalizing spousal support.

Property Distribution

The Court follows an assumption that both partners have contributed equally during their marital life to the attainment of property and irrespective of whether this property may be separately or jointly held, it should be separated equitably.

The input of a partner in marital life as a homemaker is regarded as an input to the attainment of marital assets. Plans for retirement are regarded as a section of the marital estate. In property distribution, any fault by either partner is not an issue worth consideration.

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