Adultery, a prevalent reason for the breakdown of countless marriages, has the potential to significantly affect child custody and support disputes. Oregon, a no-fault divorce state, does not assign fault to any party during divorce proceedings. Nevertheless, adultery may still be taken into account when determining child custody and support matters.
Custody in Oregon
Legal Standard
In Oregon, the court prioritizes the best interests of the child when making custody decisions. The court examines various factors, including the fitness of each parent, the child’s emotional bonds with each parent, and the child’s relationship with any siblings.
Adultery’s Impact on Custodial Determinations
While adultery itself is not considered a determining factor in child custody decisions in Oregon, it may still be deemed relevant if it affects the child’s best interests. Adultery can raise concerns about a parent’s judgment, decision-making abilities, or the stability of their new relationship.
Moreover, the court may assess whether the child is frequently exposed to romantic partners, the presence of conflicts between the child and the new partner, or any history of substance abuse or domestic violence involving the partner. These factors, along with others, contribute to the court’s determination of the custody arrangement that is most beneficial for the child.
Support in Oregon
Legal Standard
In Oregon, both parents have a legal obligation to support their children until they reach the age of 18 or become emancipated. The court establishes the amount of support by evaluating each parent’s income, expenses, and the financial needs of the child.
Adultery’s Impact on Support Determinations
While adultery itself is not a factor when calculating child support in Oregon, it can have indirect consequences. For instance, if a parent’s new relationship leads to a decrease in income—such as quitting a job to live with a new partner—it may affect the amount of child support they are obligated to pay.
When determining child support, the court takes into account the sources of income and potential earning capacity of each parent. If it is discovered that a parent intentionally reduced their income to avoid their support obligations, the court may impute income. If a parent intentionally decreases their income due to a new relationship, despite being capable of earning more, this action may impact their support obligation.
Conclusion
In conclusion, while adultery itself is not directly considered in the determination of child custody or support in Oregon, its potential impact on these decisions cannot be dismissed. Ultimately, the court’s main focus will always be the best interests of the child, and any ramifications of adultery on the child’s well-being will be taken into consideration when making decisions regarding custody and support.