Legal Question in Family Law in Oregon

child support after 18

my kids are 18 and 21. support stopped at 18 per california order. they live in oregon and iam in nevada, las vegas. I have been paying about 1/2 of the 21 year olds college for 3 years and will grad. this year. the 18 year old started community college and iam paing depended on getting good grades and sticking with it. the Ex wants now more money. is this possible? iam re-married with a child she is re-married and divorced.

thanks for your help

james


Asked on 1/05/04, 10:42 am

2 Answers from Attorneys

James Smith James E. Smith Ltd.

Re: child support after 18

Unless you have agreed in a settlement agreement or you have been Court ordered, you have no legal obligation to pay for college. However, most fathers do morally want their flesh and blood kids to finish college.

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Answered on 1/05/04, 11:15 am
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

More info is needed.

YOUR POST:

my kids are 18 and 21. support stopped at 18 per california order. they live in oregon and iam in nevada, las vegas. I have been paying about 1/2 of the 21 year olds college for 3 years and will grad. this year. the 18 year old started community college and iam paing depended on getting good grades and sticking with it. the Ex wants now more money. is this possible? iam re-married with a child she is re-married and divorced.

thanks for your help

james

ANSWER:

Without more information, your question cannot be specifically answered.

What state issued the original support order?

When was it issued?

Have there been any subsequent modifications of the original order? (If so, when? And from what state?)

Does either parent presently reside in the state that rendered the original order for support (or in any state that issued a subsequent modification order)?

Approximately 14 states (including Oregon) allow for court-compelled parental support for adult offspring who are attending college. In most of the other states, support obligations continue for so long as the child is either (a) under age 18 or (b) under age 18 AND enrolled in high school on a fulltime basis. For a state-by-state listing, see "Termination of Child Support and Support Beyond Majority," on-line at:

http://www.ncsl.org/programs/cyf/educate.htm.

Also, where divorced or never-married parents reside in different states, questions involving child support obligations must be analyzed with reference to which state has "jurisdiction" over the issue of child support. This is controlled by the Uniform Interstate Family Support Act (UIFSA), on-line at:

http://www.law.upenn.edu/bll/ulc/uifsa/famsuul6.htm

and the Full Faith and Credit for Child Support Orders Act (FFCCSOA), on-line at:

http://www4.law.cornell.edu/uscode/28/1738B.html

For a general discussion of how these laws operate. see "Interstate Enforcement of Support: A Short Primer on Federal and Uniform Law," on-line at:

http://profs.lp.findlaw.com/c_enforce/index.html.

Without being familiar with these laws, your concerns cannot be properly addressed and answered.

LAWRENCE D. GORIN

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

E-mail: [email protected]

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Answered on 1/05/04, 2:51 pm


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