Formula for determining child support awards; criteria to be considered; mandated standards; reduction; rules

(1) The Division of Child Support of the Department of Justice shall establish by rule a formula for determining child support awards in any judicial or administrative proceeding. In establishing the formula, the division shall take into consideration the following criteria: (a) All earnings, income and resources of each parent, including real and personal property; (b) The earnings history and potential of each parent; (c) The reasonable necessities of each parent; (d) The ability of each parent to borrow; (e) The educational, physical and emotional needs of the child for whom the support is sought; (f) The amount of assistance that would be paid to the child under the full standard of need of the state’s IV-A plan; (g) Preexisting support orders and current dependents; and (h) Other reasonable criteria that the division may find to be appropriate. (2) The formula described in subsection (1) of this section must also comply with the following standards: (a) The child is entitled to benefit from the income of both parents to the same extent that the child would have benefited had the family unit remained intact or if there had been an intact family unit consisting of both parents and the child. (b) Both parents should share in the costs of supporting the child in the same proportion as each parent’s income bears to the combined income of both parents. (3) The formula described in subsection (1) of this section must be designed to ensure, as a minimum, that the child for whom support is sought benefits from the income and resources of the absent parent on an equitable basis in comparison with any other minor children of the absent parent. (4) The child support obligation to be paid by the obligor and determined under the formula described in subsection (1) of this section: (a) May be reduced or increased in consideration of medical support, as provided in ORS 25.321 to 25.343. (b) May be reduced dollar for dollar in consideration of any Social Security or apportioned Veterans’ benefits paid to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of the obligor’s disability or retirement. (c) Shall be reduced dollar for dollar in consideration of any Survivors’ and Dependents’ Educational Assistance under 38 U.S.C. chapter 35 paid to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of the obligor’s disability or retirement.