Current through Register Vol. 63, No. 9, September 1, 2024
(1) To
calculate the guideline support amount:
(a)
Determine each parent's income as provided in OAR 137-050-0715.
(b) Determine each parent's adjusted income
and percentage share of adjusted income as provided in OAR
137-050-0720.
(c) Determine each
parent's income available for support ("available income") by deducting the
self-support reserve from the parent's adjusted income as provided in OAR
137-050-0745.
(d) Determine the
basic support obligation and each parent's share, of the basic support
obligation as provided in OAR 137-050-0725.
(e) Add to each parent's basic support
obligation the parent's share of child care costs as provided in OAR
137-050-0735.
(f) Determine each
parent's medical support obligation as provided in OAR 137-050-0750. Add each
parent's share of health care coverage costs to the parent's obligation. Round
cash medical support, if any, to the nearest dollar.
(g) Determine each parent's parenting time
credit as provided in OAR 137-050-0730.
(h) Credit each parent's cash child support
obligation for:
(A) parenting time as provided
in OAR 137-050-0730,
(B) the
parent's allowed out-of pocket costs for child care as provided in OAR
137-050-0735(1)-(4), and
(C) the
parent's out-of-pocket health insurance costs for the child as provided in OAR
137-050-0750.
(i)
Determine whether the parent will be ordered to pay cash child support or cash
medical support for minor children as follows:
(A) Only the parent with the greater net
support obligation for minor children may be ordered to pay cash child support
and, if applicable, cash medical support, for the minor children, except as
provided in subsection (D).
(B) To
determine each parent's net obligation for minor children, determine the minor
children's share of the parent's basic support obligation determined in OAR
137-050-0725(6). Add the parent's share of child care costs determined in
137-050-0735(5), and the minor children's share of the parent's health care
coverage costs determined in 137-050-0750(14). Subtract each parent's parenting
time credit determined in 137-050-0730(7), child care credit determined in
section (1)(h)(B) of this rule, and the minor children's share of the health
care coverage costs credit determined in section (1)(h)(C) of this
rule.
(C) For purposes of
determining the minor children's shares under this subsection, each child is
allocated an equal share of the total obligation, cost, or credit.
(D) If a minor child lives with a caretaker
or is in state care, both parents may be ordered to pay cash child support and,
if applicable, cash medical support for minor children.
(j) Determine whether the minimum order
applies and apply any necessary increase as provided in OAR
137-050-0755.
(k) Apply any
reduction in support for Social Security or Veteran's benefits as determined in
OAR 137-050-0740.
(l) If the parent
will be ordered to pay cash child support for minor children, determine the
amount by dividing each parent's cash child support obligation by the total
number of joint children and multiplying the result by the number of joint
minor children. Round the result to the nearest dollar.
(m) Determine the cash child support
obligation for joint Children Attending School by dividing each parent's cash
child support obligation by the total number of joint children and multiplying
the result by the number of joint Children Attending School. Round the result
to the nearest dollar.
(n) Allocate
cash medical support to joint minor children and joint Children Attending
School in the same manner provided for cash child support in sections (1)(l)
and (1)(m) of this rule.
(2) Round all dollar figures to the nearest
penny, except as otherwise provided. Example: $12.34. Round all percentages to
the nearest one-hundredth of one percent. Example: 12.34%.
(3) If all of the minor children for whom
support is being calculated live with a caretaker other than a parent or the
children are in the care or custody of the state, and the action is determining
the support obligation of only one parent, consider only that parent's
information. For the second parent in these single-parent calculations, use the
same income, spousal support, union dues, parent's own health care coverage
cost, and non-joint children as for the parent whose obligation is being
calculated. Include the caretaker's child care costs, if any. Do not include
any other information for the "other parent".
(4) The obligations to pay cash child support
and cash medical support, and to provide health care coverage under this rule
together constitute the guideline child support obligation and are presumed
just and appropriate, subject to the agreed support amount in OAR 137-050-0765 and rebuttal as provided in OAR 137-050-0760.
