calculate the guideline support amount:
Determine each parent's income as provided in OAR 137-050-0715
Determine each parent's adjusted income
and percentage share of adjusted income as provided in OAR 137-050-0720
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
Determine the basic support
obligation and each parent's share of the basic support obligation as provided
in OAR 137-050-0725
each parent's basic support obligation the parent's share of child care costs
as provided in OAR 137-050-0735
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.
Determine each parent's parenting time credit as provided in OAR 137-050-0730
Credit each parent's cash
child support obligation for:
The parent's allowed out-of pocket costs
for child care as provided in OAR 137-050-0735
Social Security or Veterans benefits as
provided in OAR 137-050-0740
The parent's out-of-pocket health
insurance costs for the child as provided in OAR 137-050-0750
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 support after credits as determined in section (1)(h) of this rule
may be ordered to pay cash child support and, if applicable, cash medical
support, for the minor children, except as provided in subsection (B).
(B) 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.
Determine whether the minimum order
applies and apply any necessary increase as provided in OAR 137-050-0755
(k) 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.
(l) 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.
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)(k) and (1)(l) 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".
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 137-050-0760.
Or. Admin. R.
DOJ 16-2009, f. 12-1-09,
cert. ef. 1-4-10; DOJ 5-2010(Temp), f. & cert. ef. 2-12-10 thru 8-10-10;
DOJ 11-2010, f. & cert. ef. 7-1-10; DOJ 3-2013, f. 5-15-13, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS