Legal Question in Family Law in Oregon

child support

If my son wants to go to job corp when he turns 18, even a job corp out of the state we live in (Oregon), and he is currently 17, is that considered schooling so that his father apys child support while he is in the program?


Asked on 1/21/08, 5:00 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: child support

Potentially YES.

ORS 107.108 defines "school" as meaning (A) An educational facility such as a high school, community college, four-year college or university; or (B) A course of professional, vocational or technical training, INCLUDING THE JOB CORPS, designed to fit the child for gainful employment.

But keep in mind that:

1. There is no "entitlement" to support under ORS 107.108 even for an otherwise qualifying 18-21 y/o child attending school. It is discretionary with the judge.

2. Under ORS 107.108, the judge may order BOTH parents to pay support.

3. Under ORS 107.108, the support money it owed and payable directly the adult child, not from one parent to the other.

4. Support, if ordered under ORS 107.108, in not necessarily controlled by the Child Support Guidelines. Rather, the judge could order support based on a determination of the child's actual NEED (if any) for parental support, irrespective of the "Guideline amount."

Thank you for the inquiry. Should you desire further consultation and/or legal advice regarding this issue, you are encouraged to call my office. We can schedule an appointment for an office conference for further case analysis.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html


Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

Read more
Answered on 1/22/08, 5:54 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Oregon