Legal Question in Family Law in Oregon

Re: Support for Adult Child Attending School

Question:

Is it possible that I could have to pay my ex at this point in time?

Answer:

Probably not. But you are going to need a lawyer who understands Oregon post-18 child support laws to adequately represent you and be able to teach the law to the judge (since most Oregon judges really don't under just how ORS 107.108 works, even though they think they do).

When you agreed in 2001 to pay her $2,000 p/m, was that done through a formal court order? Or just an informal agreement between you and her? And if a court judgment, exactly what did it say, if anything, about ORS 107.108?

At this point your son is an adult. And there are no other children involved in your case who would be eligible for child support. That being the case, your ex-wife has no legal standing to bring a legal action seeking support for the parties adult son. She is not "the real party in interest" as she has no financial stake in the matter. From age 18 onward, up to age 21, adult support ordered by the court under ORS 107.108 belongs to the adult offspring, not to the other parent. The fact that your son is residing in his mother's home is of no consequence. Your son is NOT in mother's custody. Indeed, at age 18, he is nobody's custody.

While the 18 y/o adult son may be legally eligible for a court order compelling parental support (with the court having the power to impose the order on either OR BOTH parents), it is up the adult son to assert and protect his own legal right. It is no longer up to mommy or daddy to take legal action "on behalf" of the adult offspring. If adult son has a legal basis on which to seek compelled parental support under ORS 107.108, it is up the the adult son to take whatever legal action is needed. Mom has no legal standing to do it for him.

Keep in mind, if such support is ordered, it goes to the adult student, not to the other parent. So this really ought to be a matter strictly between you and your adult son, since the other parent has no legal stake involved. (She has no more legal standing to file a motion for college support for the adult son that she would have to file such a motion for her next door neighbor's adult son. Her pocketbook is not involved.)

If I was in your situation, I'd call Atty. Gorin in Portland confer with him by phone for a few minutes. He can make a quick evaluation of your case and then you can determine how you want to proceed.

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]