Parties with minor children can petition the State of Oregon to modify child support payments every three years, or anytime there is a “substantial change of circumstance”. ORS 25. 020 (8)(b)(B). A substantial change of circumstances typically means one of the parties experienced an increase or decrease in gross income, or there is a significant change in the parenting time schedule.
Before the Administrative Hearing occurs both parties have the opportunity to participate in a process called discovery. That is, before the hearing you can request financial documents, health insurance records and other pertinent documents for puposes of calculating child support.
The actual hearing is done telephonically. Both parties call a pre-arranged phone number and have a conference call with the presiding judge. The parties present on the conference call are the judge, the parents, and their respective attorneys, should they choose to have legal representation.
The telephonic hearing is conducted in standard courtroom procedure. Both parties (or their attorneys in their stead) have the opportunity to make opening and closing statements. Everybody who testifies does so under oath and the penalty of perjury applies. There are opportunities for direct and cross-examination as well.
Once the hearing concludes, the Administrative Law Judge will typically mail their findings of law and fact to the respective parties within one week. The resulting findings include your new child support payment amount. If either party is dissatisfied with the findings, they have the opportunity to appeal the order in Circuit Court.
The lawyers at Bobzien McGuire have experience in all facets of child support proceedings, including the administrative child support process. Call (503) 245-0894 today for a consult.