Adams and Adams

• Court: Oregon Court of Appeals
• Area(s) of Law: Family Law
• Date Filed: 10-21-2015
• Case #: A156714
• Judge(s)/Court Below: Duncan, P.J. for the Court; Lagesen, J.; & Flynn, J.

Under OAR 137-050-0760, a parent's actual and potential income are the only two things allowed to be considered in determining income for support, not the income of other individuals in the house.

Father appealed the trial court's ruling on his child support obligation arguing that the trial court erred in their determination of his income. The Court held that the trial court erred in considering the father's new wife's income because, according to OAR 137-050-0760, the court can only consider the father's actual and potential income. In considering the father's expenses, which were paid for by the wife's income, the trial court erred. The Court noted that in some circumstances it might be appropriate to consider a spouse's income, but only "if the court first determines the guideline support amount and concludes that that amount is unjust and inappropriate." Reversed and remanded for a redetermination of father's child support obligation; otherwise affirmed.

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