How do I prove to Oregon Division of Child Support that I am unemployed?

Child Support 3 views 2 answers
I have been unemployed for over a year, and have not received any unemployment benefits since I willingly quit. I applied for a modification to the support amount since I have had no luck finding another job. According to the modification guidelines I have to prove I am unemployed, how exactly do I go about doing that? I have no income, I have had to move in with family and my girlfriend is helping me find a job. I have seen my three year old daughter only three times, and her mother will not let me see her until I start paying her again. Any advice will help. Thank you.

Attorney Answers

2
Shelley Fuller ·
if there is a custody judgment which grants you parenting time with your child, mother is violating that order. Child support and visitation are not connected in Oregon. You get visitation even if not paying support. Assuming you have a visitation order, you need to file to enforce it. You can file for a modification of child support only on the state website. You prove you're unemployed by saying so in an affidavit they provide. Read and follow the online discussions. You need to talk to an attorney about the visitation issue ASAP.
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Jay Bodzin ·
You can request administrative review of your support order - it sounds like you've done this already - and this will result in the setting of a hearing before an administrative law judge (ALJ). The hearing will probably be conducted over the telephone. At the hearing, you can give testimony about your employment situation. Your own testimony is evidence. Note that you will still be 'imputed' to make minimum wage (that is, the child support calculation will be done based on the assumption that your income is at least $1,603 per month, the current rate for full-time minimum wage in Oregon), unless you are incarcerated or disabled. Note also that your right to parenting time is totally separate from your obligation to pay child support. Your co-parent has no right to withhold the child from you just because you haven't paid support. However, the child support administrative hearing does not have the power to enforce your parenting time rights. To do that, you will need to file a motion to enforce parenting time with the circuit court that issued the judgment.
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