My question involves child support in the State of: Oregon.
Okay, my situation is complicated, but here goes.
My husband pays child support to his exwife for one daughter who is 16 (they have 3 joint children, but only one is under 21 or a child attending school). He is also now paying child support for a child conceived outside of our relationship in 2007 (paternity was established at the end of 2008).
Child support for these two children takes exactly 50% of his earnings despite his remaining wages not meeting the states "self support reserve" (which is over $900). It leaves us with barely $700 a month to support our own daughter (which is what remains of his "self support reserve"- nothing out of child support's 50% goes to our daughter, despite claiming her as a non-joint child in the support calculations for the other two children).
His child support is calculated to reflect exwife being unemployed despite the fact that she claims to have a well paying job (quite a bit higher than my husband makes). His child support for the child conceived in 2007 is calculated to reflect the fact that the mother claims she pays over $400 a month in childcare, despite the fact that my husbands adult daughter watches the child for free (but the adult child will not testify to this in fear of not being able to continue seeing the child, so I know there really is no way to prove that).
So, I am filing for separation in order to protect our child financially. I also have daycare expenses, and medical expenses not covered by insurance (to the cost of $200 a month) that I intend to have calculated into the order.
My questions are these;
1. Will my child support be calculated out of the 50% of income that currently goes towards child support, meaning that they will have to recalculate both existing orders?
2. If my husband agrees to pay $400 a month without going through the child support calculator, and we have that put in our separation agreement, and I submit that to the Department of Child Support, do they have to honor it? Will that amount come out of the 50% of his income currently going to child support, or will it come out of his "self support reserve" (which would leave him with only $300 a month to support himself, so of course he would never agree to that).
3. Is there a way he could ask for verification of child care for the child conceived in 2007? He has no visitation with the child currently, and no contact with the child's mother (and she doesn't have an attorney to my knowledge) and does not desire any. I have pending harassment charges against the mother of the child.
4. How to prove that the exwife is indeed employed? We believe that she is simply not responding to child support's efforts to get her to submit her earnings, which she has done in the past, so they automatically list her as unemployed, and assumed to be able to make minimum wage, so that is what the support is calculated as. They only proof we have is "screen shots" of her blog on a social networking site claiming that she makes $16 an hour, and listing her place of employment, which I am sure would be thrown out. Can't child support just look up her employment and verify, like they do my husband?
Thank you in advance for any replies.