Is a Lawyer Needed to Help File for a Child Support Hearing?

court room

The administrative process is one way of establishing child support or modifying an existing child support arrangement. Since administrative child support hearings fall under the umbrella of family law, most family law attorneys can help with this type of hearing. While the filing process is set up to be user-friendly for parents who are not represented by an attorney, it is still wise to discuss your hearing with a lawyer prior to filing if you are able. A knowledgeable attorney can help you create a stronger case and increase the likelihood of getting the support order approved.

Initiating an Administrative Child Support Hearing

An administrative hearing may be sought after the initial child support determination is made, and one of the parents doesn’t agree with the proposed order. If the parents cannot reach a settlement on their own, their case manager contacts the Office of Administrative Hearings to schedule an administrative hearing. This office is independent from the Oregon Child Support Program. On the scheduled date, the hearing is held where the administrative law judge determines the appropriate child support amount. The process usually takes between 90 and 180 days to complete. If no further action is required, the Oregon Child Support Program files the order in court, and begins enforcing the decision.

Appealing an Administrative Child Support Ruling

The decision by the Office of Administrative Hearings can be further appealed with the Oregon Circuit Court if one parent still does not agree with the decision. The appeal process is where an administrative child support hearing lawyer often gets involved, and a petition must be filed within 60 days after the Oregon Child Support Program filed the administrative order in court. In an appeal with the circuit court, the Court will review the evidence presented for changing the child support amount as if the administrative decision had never been made. It should be noted that the decision they make may not necessarily be the one you request even if you are the party to initiate the appeal. For example, if you ask to have your child support burden reduced, the court may find that you should be paying more. Therefore, a child support attorney can help determine whether you should appeal and, if so, assist in presenting the evidence most favorable to your position so that the appeal goes through satisfactorily.

Modifications to the Final Child Support Agreement

Once child support has been settled upon, there will likely need to be further changes over time as circumstances evolve. These can include changes to parental earnings, the child’s development of special needs, or even changes to the custody arrangements. A form to request a modification can be submitted along with proof of a significant change or the Child Support Program will initiate periodic reviews as well. Based on the information submitted, the Child Support Program will send a proposed modification to the relevant parties. If the parents do not respond within 30 days, the proposed changes go into effect. They can contact the Child Support Program with changes or request an administrative hearing. Involving an administrative child support hearing attorney in this process is helpful for either advice or the actual submission—especially if a hearing is required. The process becomes more complicated when one parent lives out of state, and the assistance of a family law lawyer is beneficial in navigating the federal guidelines regarding interstate issues as well.

Hobson / Oram Law

Hobson Oram Law