What happens if the amount of child support payable is more than the paying parent can afford?

If a paying parent in Oregon cannot afford to pay the amount of child support that they have been ordered to pay, they may ask the court to modify the support order. They will need to file a request and provide evidence that their circumstances have changed to the point where they are unable to pay the amount they were originally ordered to pay. When this happens, the court may review the case and decide to reduce the amount of child support payable based on the paying parent’s new financial situation. The court may decide to adjust the amount of child support payable, or it may decide to suspend or terminate the payments altogether. If this happens, the court will consider factors such as the paying parent’s income, assets, and expenses; the needs of the children; the parent’s ability to pay; and whether the paying parent is making a good faith effort to pay or is willfully avoiding making payments. The court also considers the non-paying parent’s circumstances to ensure that the paying parent is not avoiding payment amidst their own financial hardship. Ultimately, it is up to the court to determine what is considered fair and reasonable under the circumstances.

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