Oregon Statutes 25.280 – Formula amount presumed correct; rebuttal of presumption; criteria
In any judicial or administrative proceeding for the establishment or modification of a child support obligation under ORS Chapter 107, 108, 109 or 110 or ORS § 25.501 to 25.556, 419B.400, 419B.923 or 419C.610, the amount of support determined by the formula established under ORS § 25.275 is presumed to be the correct amount of the obligation. This is a rebuttable presumption and a written finding or a specific finding on the record that the application of the formula would be unjust or inappropriate in a particular case is sufficient to rebut the presumption. The following criteria shall be considered in making the finding:
Terms Used In Oregon Statutes 25.280
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(1) Evidence of the other available resources of a parent;
(2) The reasonable necessities of a parent;
(3) The net income of a parent remaining after withholdings required by law or as a condition of employment;
(4) A parent’s ability to borrow;
(5) The number and needs of other dependents of a parent;
(6) The special hardships of a parent including, but not limited to, any medical circumstances of a parent affecting the parent’s ability to pay child support;
(7) The needs of the child;
(8) The desirability of the custodial parent remaining in the home as a full-time parent and homemaker;
(9) The tax consequences, if any, to both parents resulting from spousal support awarded and determination of which parent will name the child as a dependent; and
(10) The financial advantage afforded a parent’s household by the income of a spouse or another person with whom the parent lives in a relationship similar to that of a spouse. [1989 c.811 § 4; 1993 c.33 § 287; 1993 c.354 § 1; 1995 c.608 § 30; 2001 c.622 § 42; 2007 c.71 § 8; 2007 c.356 § 3; 2015 c.629 § 1; 2019 c.13 § 14; 2021 c.597 § 50]
[1989 c.811 § 5; repealed by 1991 c.519 § 8 (25.287 enacted in lieu of 25.285 in 1993)]