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  1. #1
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    Mar 2011
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    Default Court Ordered Child Support vs. Oregon Department of Justice

    My question involves child support in the State of: Oregon

    My x wife and I have a current order through the court system for child support, parenting time and medical support (Divorce Decree). I have abided by the order fully and never been late on my child support for 6 years. Recently she contacted the Child Support Division about modifying our child support amount as she wants more money. She contacted the court system where the order was signed by a judge and found out she would have to pay to pursue modification of the current order for the child support amount. Now she is trying to have it modified through the Oregon Department of Justice as it will not cost her anything. Like I said I have never been late on my child support and have no past due amounts.

    My first question is.......Can the Oregon Department of Justice supersede the current divorce/child support order that is signed off by a judge??

    My other question is...if we decided to agree on an amount (in writing and have it notorized) but not change the current order through the courts is that legal or could it "bite me" down the road.??

    Please help!!:confused

  2. #2
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    Default Re: Court Ordered Child Support vs. Oregon Department of Justice

    Yes, the order can be modified through the DOJ.

    A notarized agreement is not legally binding - all notarization really does is verify that the people who sign the agreement have shown ID to prove they're who they say they are.

    When was the order made?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
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    Default Re: Court Ordered Child Support vs. Oregon Department of Justice

    Order through support enforcement made oct.2010.

  4. #4
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    Default Re: Court Ordered Child Support vs. Oregon Department of Justice

    You've been paying for 6 years, but the order was only entered Oct '10?

    Could you clarify that please?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
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    Default Re: Court Ordered Child Support vs. Oregon Department of Justice

    Court order signed by judge in 2006. Modification through child support was filed oct. 2010

  6. #6
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    Default Re: Court Ordered Child Support vs. Oregon Department of Justice

    Remember that court orders protect you both. An agreement deviating from actual amount ordered is not enforceable unless it actually becomes a new order, and there would be nothing stopping her from filing for the arrears (the difference between the ordered amount and what you agree to) in the future.

    So yes - paying less, even by mutual agreement, can bite you.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
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    Mar 2011
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    Default Re: Court Ordered Child Support vs. Oregon Department of Justice

    My X wife is requesting the modification through the Child Support Division be an "increase" from the current order filed through the court system. So there wouldn't be an issue with arrears I am thinking. I guess I just don't understand why we paid all the money to file an order through the court systems if all we needed to do was go through the Child Support Division to set the amount of child support for free. I want to continue with the current order but of course she feels that it needs modified (increased), but is unwilling to pay the court fees to do make it legal. That is why she is requesting the modification through Child Support Division. I would prefer to keep it out of the Child Support Division hands as it always seems to get complicated.

    Thank you everyone for your advice!!! Much appreciated.

  8. #8
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    Default Re: Court Ordered Child Support vs. Oregon Department of Justice

    In all honesty, if there hasn't been a review for 6 years...it's long overdue.

    But what I meant was...if you came to an agreement to pay a sum lower than either the current amount or the (likely) soon-to-be-ordered amount, that can come back and bite you.

    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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