determine "adjusted income," begin with income, as determined in OAR
, and then:
(a) Deduct mandatory
contributions to a union or other labor organization;
(b) Deduct the parent's cost for the parent's
own health insurance;
the parent's monetary spousal support obligation to this or a different party,
whether ordered in the same or a different proceeding, and whether paid or
(d) Add the amount of
court-ordered monetary spousal support owed to the parent, whether ordered in
the same or a different proceeding, by this or a different party and whether
paid or not; and
(e) Subtract the
non-joint child deduction described in section (2) of this rule.
A parent is entitled to a
non-joint child income deduction when the parent is legally responsible for the
support of a child not included in the current calculation.
(a) To qualify for the non-joint child
deduction, the minor child must reside in the parent's household or the parent
must be ordered to pay ongoing support for that child.
A child attending school, as defined in
and OAR 137-055-5110
qualifies the parent for the non-joint child deduction only if the parent is
ordered to pay ongoing support for the child attending school, or as provided
in subsection (c).
(c) A child who
has reached the age of 18 but is not yet 19, lives with a parent and attends
high school, qualifies that parent for the non-joint child deduction, whether
or not the child has qualified as a Child Attending School under ORS
(d) A stepchild only qualifies a parent for
the non-joint child deduction if the parent is ordered to pay ongoing support
for the stepchild.
a parent's non-joint child deduction:
Apply the adjustments described in subsections 1(a)-1(d) of this rule to the
(B) Using the
parent's income after the adjustments in section 2(e)(A) of this rule and total
number of joint and non-joint children, reference the obligation scale and
determine the applicable support amount; and
(C) Divide the result by the total number of
the parent's joint and non-joint children and multiply by the number of
non-joint children to determine the amount of the non-joint child
(3) Determine each parent's percentage share
of adjusted income by dividing the parent's adjusted income by the parents'
combined adjusted income.
Or. Admin. R.
DOJ 16-2009, f. 12-1-09,
cert. ef. 1-4-10; DOJ 3-2013, f. 5-15-13, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS