If during your divorce the court ordered spousal or child support, you have rights to that money. Unfortunately Portland, Oregon divorce lawyers often see parents falling behind in the payments the courts have mandated.
If this is happening to you and your children, then you need to decide what course of action is best. Normally, waiting and hoping the other parent will suddenly decide to pay is not the best plan.
You can hire a divorce attorney from Portland who is qualified to help you get the finances you were promised or you can try to have your rights enforced by the Oregon Department of Justice Division of Child Support.
If you opt to work with the enforcing agency, this agency will decide the appropriate way to enforce your rights and the agency will decide how to work with the nonpaying parent. If this is the route you wish to take, you need to apply for services from the Oregon Department of Justice Division of Child Support.
Another option is to hire a qualified Portland, Oregon law attorney. With a family lawyer you have more discretion on how you decide to enforce your rights.
One way to collect unpaid child or spousal support is to ask that the money be taken directly from the wages of the paying parent. The court or a child support enforcement agency will have to issue a wage-withholding order.
According to the Oregon State Bar website:
“When a wage withholding order is issued, the amount taken from the parent’s wages to pay current and retroactive support is usually 120 percent of the current support payment amount, up to a maximum of 50 percent of the paying parent’s income. This means that for a monthly support order of $100, the amount taken from the paycheck will be $120 – $100 for the current support and $20 (or 20 percent) for the back support owed. Once the back support has been paid off, just the amount of the current monthly order would be taken out, again up to a maximum of 50 percent of the paying parent’s income. If only back support is owed, the amount withheld will vary on the circumstances of the case, but it will usually be whatever the last ordered payment amount was, until the back support is paid in full.
Once income withholding is in place, it continues as long as support is owed. If the paying parent changes jobs, the wage-withholding order will “follow” that paying parent to any new job that the support enforcement agency is aware of. If no support agency is handling your case, a lawyer can help you make sure a new employer is given a copy of the withholding order. Like wages, income from workers’ compensation and unemployment benefits can also be withheld for current and back support.”
If you are dealing with an ex-spouse who does not live in the same state as you, a Portland divorce attorney can help you access the Uniform Interstate Family support Act to collect back support.
If you have any questions or concerns about money owed to you call Ronald Johnston Law at 503-226-7986.
Ronald Johnston can help.
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