Legal Question in Family Law in Oregon

ANSWER:

If the majority-age a child is failing classes and not making �satisfactory academic progress� or not enrolled at least half time, the parent otherwise obligated to pay support has two options, depending on whether �support services� under ORS 25.080 are -- or are not -- being provided by the Division of Child Support (DCS).

Under ORS 107.107(8), a parent�s obligation to pay support to a child attending school is suspended when:

(a) The child has reached 18 years of age and has not provided written notice of the child�s intent to attend or continue to attend school, or the child has graduated or reached the date to stop attending classes, as provided under subsection (6)(a)(A) of this section;

[or when:]

(b) (A) Services are not being provided under ORS 25.080; [and]

(B) The parent has provided the child with a written notice of the parent�s intent to stop paying support directly to the child because

[1] the child is no longer a child attending school or

[2] the child has not provided the written consent required by subsection (6)(a)(B) of this section; and

(C) Thirty days have passed since the parent provided the notice to the child and the parent has not received:

(i) Written confirmation from the school that the child is enrolled in the school and is a child attending school; or

(ii) The written consent from the child as required by subsection (6)(a)(B) of this section;

[or when:]

(c) (A) Services are being provided under ORS 25.080; [and]

(B) A parent ordered to pay support has provided the department with written notice that

[1] the child is no longer a child attending school OR

[2] that the child has not provided the written consent required by subsection (6)(a)(B) of this section;

[and]

(C) The department has provided written notice to the child requiring:

(i) Written confirmation, on a form developed by the department, from the school that the child is enrolled in the school and is a child attending school; and

(ii) Proof that the written consent required by subsection (6)(a)(B) of this section has been provided to the parent ordered to pay support; and

(D) Thirty days have passed since the department provided the notice to the child and the department has not received: [either]

(i) Written confirmation from the school that the child is enrolled in the school and is a child attending school; or

(ii) Proof that the written consent required by subsection (6)(a)(B) of this section has been provided to the parent ordered to pay support.

ALTERNATIVELY, if the majority-age child is no longer eligible for "adult support" under ORS 107.108, recourse may be had by filing a motion with the court to terminate (or suspend) the previously-imposed support obligation. Such ineligibility is a substantial change of circumstances sufficient on which to modify the support order.

See proposed bill amending ORS 107.108 at:

http://ldgorin.justia.net/article_64-1811902.html

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LAWRENCE D. GORIN

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