How to Enforce or Modify a Child Support Order After Divorce
Divorce is rarely the end of the road when it comes to family law. In fact, it often marks the beginning of a new chapter that requires ongoing legal management—especially when children are involved.
Child support orders aren't set in stone. Life circumstances change, and with those changes, the need to either enforce or modify existing support orders may arise. Whether you're a custodial parent who isn't receiving child support payments or a non-custodial parent facing a significant change in financial status, it's important to understand your legal rights and options.
At Haskett Williams Monaghan Attorneys at Law, we have extensive experience helping families enforce and modify child support orders. Located in Bend, Oregon, we also serve the surrounding areas of Redmond, Sun River, Prineville, and Sisters. If you need legal assistance with a child support order, contact us today.
Oregon's Child Support System
In Oregon, child support is governed by state statutes and guidelines that prioritize the best interests of the child. After a divorce, the court issues a child support order that outlines the payment amount, due dates, and methods of payment. These orders are legally binding, and both parties are expected to comply.
Child support obligations are determined by a standardized formula that takes into account the parents' incomes, the number of children, parenting time, and additional expenses like health insurance or daycare. However, circumstances can and do change over time, necessitating enforcement or modification.
Common Reasons to Enforce a Child Support Order
If a child support order is in place but payments aren't being made, the receiving parent has several enforcement options. Some of the most common scenarios that lead to enforcement include:
The paying parent stops making payments altogether.
Payments are irregular, late, or inconsistent.
The paying parent becomes uncooperative or evasive.
Arrears (unpaid back support) begin to accumulate.
Oregon has a number of tools to compel compliance with child support orders. Enforcement is primarily handled by the Oregon Child Support Program, a state-run agency that offers both custodial and non-custodial parents assistance with collecting and enforcing child support.
Enforcement Tools Available in Oregon
When child support payments aren't made as ordered, the Oregon Child Support Program and the courts can take action to enforce compliance. Enforcement tools may include:
Income withholding: Employers can be ordered to deduct child support directly from the paying parent's wages.
Tax refund interception: Federal and state tax refunds can be intercepted to cover unpaid child support.
Bank account garnishment: The state can seize funds from bank accounts to satisfy arrears.
License suspension: Driver’s licenses, hunting licenses, and even professional licenses can be suspended for nonpayment.
Contempt of court: If noncompliance is willful, the court may hold the parent in contempt, which can result in fines or jail time.
If you aren't receiving child support as ordered, it’s important to act promptly. Delays can lead to prolonged financial hardship and may make enforcement more complicated.
Steps to Enforce a Child Support Order
If you're dealing with nonpayment, here are the basic steps you can take to enforce a child support order:
Contact the Oregon Child Support Program: You can initiate enforcement by applying for services online or through your local office.
Gather documentation: Keep records of missed payments, communication attempts, and any relevant court orders.
Consider legal representation: While the state can help, hiring a family law attorney can offer more personalized, strategic support—especially in cases involving high arrears or complicated financial situations.
File a motion for contempt: In some cases, a court motion may be necessary to compel payment through judicial intervention.
Request a hearing: If you file a motion, you’ll likely need to attend a hearing where the judge reviews the case and can order remedies or penalties.
Enforcing a child support order can feel overwhelming, but it’s important to remember that the law is on your side. Taking prompt, organized action not only protects your financial stability but also enables your child to receive the support they’re legally entitled to.
When and Why to Modify a Child Support Order
Modification of a child support order may be necessary when circumstances change significantly after the divorce. Either parent can request a modification—whether it's to increase, decrease, or even temporarily suspend payments—so long as there's a legitimate reason to do so.
Common reasons for seeking modification include:
A substantial increase or decrease in either parent’s income.
A change in custody or parenting time arrangements.
The child develops new medical or educational needs.
One parent remarries and assumes additional financial responsibilities.
The child reaches the age of majority or becomes emancipated.
In Oregon, a child support order can be reviewed for modification every three years, or sooner if there's a substantial change in circumstances.
What Qualifies as a “Substantial Change”?
Under Oregon law, a “substantial change in circumstances” is required to justify a modification before the three-year mark. The courts interpret this on a case-by-case basis, but some examples include:
Job loss or significant salary reduction.
Promotion or increase in income.
Change in parenting plan (e.g., the non-custodial parent assumes primary custody).
Disability or long-term illness that affects earning ability.
Incarceration of the paying parent.
It’s important to note that voluntary changes—like quitting a job or taking a lower-paying position—typically don't qualify unless there's a valid justification, such as health issues.
How to Request a Child Support Modification
The process to modify a child support order involves several steps:
Request a review: Begin by contacting the Oregon Child Support Program or filing a formal motion with the court.
Complete the required forms: You’ll need to submit financial documentation, including pay stubs, tax returns, and information about expenses.
Serve the other party: The other parent must be notified of the request and given an opportunity to respond.
Attend a hearing (if required): In contested cases, a judge will review the evidence and determine whether modification is appropriate.
Receive a new order: If granted, the court will issue a revised support order that reflects the updated obligations.
Whether you're the parent paying or receiving support, it’s wise to work with an attorney to make sure your interests are adequately represented throughout this process.
Temporary vs. Permanent Modifications
Not all modifications are permanent. In some cases, a parent may request a temporary change in support due to short-term hardship—like job loss or a medical emergency. Courts in Oregon are open to issuing temporary orders that revert back once the parent is back on stable footing.
If the change is long-term or indefinite—such as a career change, permanent disability, or new custody arrangement—a permanent modification may be more appropriate. The court will consider the best interests of the child above all when deciding the duration and amount of support.
Best Practices for Parents Seeking Modification
To increase your chances of a successful outcome, follow these best practices when seeking a modification:
Act quickly: The court can’t retroactively modify child support. Any changes only apply from the date you file your request—not when the change in circumstance occurred.
Provide full financial disclosure: Be honest and thorough with your financial documents.
Maintain communication: Keeping open lines of communication with the other parent can sometimes lead to informal agreements that may ease tensions—even though only a court order is enforceable.
Document everything: Retain copies of all correspondence, receipts, pay stubs, medical records, and parenting schedules.
Consult a family law attorney: A qualified lawyer can help you manage the legal process, file motions correctly, and represent you at hearings.
Ultimately, being proactive and prepared can make a significant difference in the outcome of your modification request. Courts appreciate when parents approach these matters responsibly, with the child’s best interests at heart.
Frequently Asked Questions
Let’s take a moment to address a few questions our clients often ask us about child support orders.
Can I stop paying child support if I lose my job?
No. Even if you’re unemployed, you’re still legally obligated to pay support unless the order is modified. You should immediately file a motion to reduce your obligation based on your new financial situation.
What happens if the other parent agrees to a new amount, but we don’t go to court?
Private agreements between parents aren't enforceable unless they’re approved by the court. Always formalize any changes through a legal modification.
Can child support be modified if parenting time increases?
Yes. A change in parenting time—especially if it results in more overnights—can impact the support calculation and may justify a reduction or increase in payments.
How long does the modification process take?
The timeline varies depending on whether the case is contested, how quickly documents are filed, and court scheduling. Some modifications can be completed in a few months, while others may take longer.
Contact an Experienced Family Law Attorney Today
At Haskett Williams Monaghan Attorneys at Law, we’ve helped countless parents take control of their child support issues with professionalism and compassion. Based in Bend, Oregon, we also serve clients in Redmond, Sun River, Prineville, and Sisters.
If you’re facing an enforcement or modification issue, don’t wait. Contact us today to schedule a consultation and find out how we can help.