Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 50 - SUPPORT ENFORCEMENT › Section 137-050-0760 - Rebuttals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The presumption
			 that the guideline support amount as provided in OAR 137-050-0700  through
			 137-050-0755  is the correct support amount may be rebutted by a finding that
			 sets out the presumed amount, concludes that it is unjust or inappropriate, and
			 sets forth a different amount and a reason it should be ordered. The criteria
			 that may be the basis for rebuttal include but are not limited to:
(a) Evidence of the other available resources
			 of the parent;
(b) The reasonable
			 necessities of the parent;
(c) The
			 net income of the parent remaining after withholding required by law or as a
			 condition of employment;
(d) A
			 parent's ability to borrow;
(e) The
			 number and needs of other dependents of a parent;
(f) The special hardships of a parent
			 affecting the parent's ability to pay support, including, but not limited to,
			 any medical circumstances, extraordinary travel costs related to the exercise
			 of parenting time, or requirements of a reunification plan if the child is in
			 state-financed care;
(g) The
			 desirability of the custodial parent remaining in the home as a full-time
			 parent or working less than full-time to fulfill the role of parent and
			 homemaker;
(h) The tax
			 consequences, if any, to both parents resulting from spousal support awarded,
			 the determination of which parent will name the child as a dependent, child tax
			 credits, or the earned income tax credit received by either parent;
(i) The financial advantage afforded a
			 parent's household by the income of a spouse or domestic partner;
(j) The financial advantage afforded a
			 parent's household by benefits of employment including, but not limited to,
			 those provided by a family owned corporation or self-employment, such as
			 housing, food, clothing, health benefits and the like, but only if unable to
			 include those benefits as income under OAR 137-050-0715;
(k) Evidence that a child who is subject to
			 the support order is not living with either parent;
(L) Findings in a judgment, order, decree or
			 settlement agreement that the existing support award is or was made in
			 consideration of other property, debt or financial awards, and those findings
			 remain relevant;
(m) The net income
			 of the parent remaining after payment of mutually incurred financial
			 obligations;
(n) The tax advantage
			 or adverse tax effect of a parent's income or benefits;
(o) The extraordinary or diminished needs of
			 the child, except:
(A) Expenses for
			 extracurricular activities and
(B)
			 Social Security benefits paid to a child because of a child's
			 disability;
(p) The
			 return of capital.
(q) The
			 financial costs of supporting a Child Attending School at school, including
			 room, board, tuition and fees, and discretionary expenses, the ability of the
			 Child Attending School to meet those expenses with scholarships, grants and
			 loans, and the ability of a parent to provide support for the Child Attending
			 School, either in kind where a child continues to live in a parent's home or
			 with cash if there are parental resources to provide financial support over and
			 above the amount for a Child Attending School generated by the child support
			 calculator.