ORS 25.270¹
Legislative findings

The Legislative Assembly finds that:

(1) The federal Family Support Act of 1988 mandates that the state must establish a formula for child support award amounts that is applicable in any judicial or administrative proceeding for the award of child support.

(2) It is further mandated that the amount of child support determined by the formula must be presumed to be the correct amount unless rebutted by a specific finding on the record that the application of the formula would be unjust or inappropriate in the particular case as determined under criteria established by the state.

(3) It is also mandated that the formula is to be reviewed at least once every four years to insure that the application of the formula results in appropriate child support awards.

(4) There is a need for uniformity in child support awards, and child support awards often are based upon noneconomic factors and are inadequate in terms of the needs of the child.

(5) The Division of Child Support of the Department of Justice is the appropriate agency to establish the required formula. [1989 c.811 §2]

Notes of Decisions

Guide­lines apply to original determina­tions where substantial change in circumstances warrants change in support amount or where obliga­tion is collected through enforcing agency. Gay and Gay, 108 Or App 121, 814 P2d 543 (1991)

Once change of circumstances sufficient to warrant modifica­tion in any manner is shown, guide­lines es­tab­lished under these sec­tions control amount of child support awarded. Grage and Grage, 109 Or App 311, 819 P2d 322 (1991)

Although trial court may consider potential income under Uniform Child Support Guide­lines, presump­tion that parent can work full-time may be rebutted by showing that parent is unable to work full-time by reason of injury, and court may not speculate as to what parent could make after recovery from injury. Uppendahl and Uppendahl, 112 Or App 283, 828 P2d 1048 (1992)

Where expenses paid by noncustodial parent are type that do not reduce custodial parent cost of raising child, expenses may not be set off against support obliga­tion. Longcor and Longcor, 114 Or App 89, 834 P2d 479 (1992)

Law Review Cita­tions

26 WLR 1019 (1990); 69 OLR 716 (1990)

1 Legislative Counsel Committee, CHAPTER 25—Support Enforcement, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors025.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 25, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano025.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information