Child Support
ORS 25.275 — one formula set by rule, both incomes in proportion, and support for a child in school until 21
The amount is not worked out from scratch in each case. The Division of Child Support of the Department of Justice sets a formula by rule, and it is used in every judicial or administrative proceeding. The formula weighs each parent's earnings, income and resources, earnings history and potential, reasonable necessities and ability to borrow, the child's educational, physical and emotional needs, and existing support orders and dependents.
Who handles this in Oregon: legal aid programs, lawyer referral and the state offices, listed in the Oregon directory.
Both incomes, in proportion. The child is entitled to benefit from the income of both parents to the same extent as if the family had stayed together, and both parents share the cost of supporting the child in the same proportion as each parent's income bears to their combined income.
An order can also cover a child attending school: an unmarried child who is 18 or older and under 21, making satisfactory academic progress as the school defines it, and carrying at least half of what the school counts as a full time load. School includes high school, community college, a college or university, vocational or technical training including the Job Corps, and a high school equivalency course. A child attending school is a party to proceedings about the support order.
Every three years, or on a substantial change. Once three years have passed since the order or its last modification took effect, or a shorter cycle set by rule, the child support program can review the order and bring it into substantial compliance with the formula, without anyone having to show a change in circumstances. A modification based on a substantial change of circumstances can be sought at any time.
The formula itself, with its tables and credits, is written in the Department of Justice's rules rather than in the statute. How it applies to a particular family's income, and whether a change is substantial, are questions for a licensed Oregon attorney, and the Division of Child Support takes applications for its services.
Sources for this section (3)
- ORS 25.275 — Formula for determining child support awards
- ORS 25.287 — Proceedings to modify orders to comply with formula
- ORS 107.108 — Support or maintenance for child attending school
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.