Can I file a civil suit against my sons dad for unpaid and future child support in OR?

Question

I have a 2 year old son that has only seen his father twice, once when he was born and once when he was two weeks old. His father is on the birth certificate and has been ordered to pay me child support in the amount of $281 every month. He has only paid me twice in two years because of his inability to stay out of jail for more than 3 weeks at a time. He says they can't make him pay if he is incarcerated, which is true he received a modification order to bring his child support to $0 when he is incarcerated. He didn't file taxes so I can't receive money from that and his family doesn't have anything to do with him so they won't help me. The local DA told me there was nothing that CSS could do because he obtained the modification. I work very hard to provide my son with everything he needs, I DO NOT receive state assistance and sometimes it is hard to make ends meet, but I feel that his dad should help me financially even if he doesn't support our son emotionally.

My question is can I file a civil suit against my sons dad for unpaid and future child support? I calculated it out to about $40,000.

Answer 1

How long is he incarcerated for ? In my state where i live CA my sons father owes back support to roughly $35,000 only because a 10% interest is accrued every month that has not met the current support. Anyway to answer your question is I believe you cannot. His license should be suspended. His wages when or if he gets a job will get garnished, but he will always owe you that support even after your son turns 18 until the back support is fully paid to you. If that helps any.

oh and btw.. if your local support midified your current support is should only be a %.. when my ex was "away" I still recieved a percentaged that was put on his books. Ask to see if that is possible?? good luck

Answer 2

I dont know OR laws but is the reason your denied benefits because he's in jail. will he sign over his rights? he should be paying you somehting, try contacting family court and see if they have any suggestions. That is ridiculous they midified that family order. thats not your problem he cant stay out of jail. they should put him in a program that he works inside the jail. its better than nothing, but in my state you can still get food stamps and child care help if he doesn't help you with anything. research a different state and see if that would help with the dss help. i know sometimes its embarrassing, but would you rather be embarrassed to accept help or cry yourself to death over not being able to feed your kids? well hope this helps.. sorry no real legal info..

Answer 3

Possibly. You would have to find a lawyer who would take it pro bono. Try writing to the child welfare bureau and seek their assistance