Legal Question in Family Law in Oregon

Re: child attending school arreages

You may have a problem that does not have a satisfactory answer. The applicable Oregon law, ORS 107.108, requires that the student provide the obligated parent with a "written consent" that is directed to the school and that gives the school permission to disclose information about the student (grades, attendance, classes taken, etc.) to the obligated parent.

Then, having the "written consent" in hand, it is the burden of the obligated parent to periodically check with the school in order to determine the child's enrollment, attendance, grades, etc. If upon doing so, you discover the child is no longer in school, it is then the responsibility of the obligated parent to so notify Child Support Enforcement and ask that the support obligation be suspended.

The Support Enforcement people can suspend support enforcement only PROSPECTIVELY (that is, for future support), and only from the time they receive notice from the parent that the child is no longer eligible for support as a child attending school. They cannot take any "retroactive" action.

Had you called the school 9 months ago and discoved that the child was no longer going to school, you would have notified Support Enforcement at that time and the support obligation would have then been suspended at that time. But having failed to do, Support Enforcement is legally barred from doing anything about the support installments that fell due each month for that past 9 months when the child was not really eligible for support. But Support Enforcement did not know about that because (according to them) YOU did not tell them. So, you end up being stuck.

One other point: "Suspension" of the support obligation for a "child attending school" because the child is no longer eligible for such support really only involves the suspension of the "enforcement" of the obligation. To actually obtain a TERMINATION of the obligation itself, you need to go back to court and obtain a court order to that effect. I can assist you in doing that. If you wish to pursue this matter, give me a call. We can make an appointment for an office conference.

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]