Legal Question in Family Law in Oregon
Child Attending School Law
Our daughter is 19. She is living on her own and working full time. She is going to school part time in order to continue receiving her ''child support''. However, she has not been in compliance with providing required forms and other requirements as she has dropped classes without our knowledge, etc. The school advised us that the only way to obtain all the info we are entitled to (academic progress, enrollment status, class withdrawal, etc...)is to have our daughter give us access to her PCC website. She refuses to do so. Since we cannot obtain the info to ensure her adherence to the law are we within our rights to suspend the support until she provides us with this info. She is very dishonest and is trying to do the minimum to receive the $536 per month. We want to help her but not if she is being irresponsible and trying to work the system.
1 Answer from Attorneys
In order to be eligible to receive parental support as a "child attending school" under ORS 107.108, the "child" is required to sign and furnish to the obligated parent a written consent form that is directed to the school and that gives the school authority to disclose to the parent information regarding the child�s enrollment status, whether the child is maintaining satisfactory academic progress, a list of courses in which the child is enrolled and the child�s grades. This purpose of this requirement is to enable the parent to verify the child�s compliance the "child attending school" requirements. ORS 107.108(6(a)(B).
The child shall provide the written consent form described in paragraph (a)(B) of this subsection within 30 days after the beginning of the first term or semester after the child reaches 18 years of age, at the beginning of each academic year thereafter and as otherwise required by the school to disclose the information under this section. ORS 107.108(6)(b).
A parent�s obligation to pay support to a child attending school is suspended when 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;
(8) A parent�s obligation to pay support to a child attending school is suspended when the parent has provided the child with a written notice of the parent�s intent to stop paying support directly to the child because the child has not provided the written consent required by subsection (6)(a)(B) of this section; and 30 days have passed since the parent provided the notice to the child and the parent 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) the written consent form from the child as required by subsection (6)(a)(B) of this section. ORS 107.108(8)(b)(C).
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