Legal Question in Family Law in Oregon

Child attending school and not passing

My husband and I pay child support to a 19 yr old young man. He now is in his 3rd program in 6months and he has drooped out and has not received any credits in the last 7-8 months and I have sent proof to the state but every time he starts over he gets to have the child supoort start up I need to know how many times and months can this go on.The school does not call and tell us or the state that he has drooped out I have to call and talk to very rude people at the school who say you just dont want to pay child support and the child is receiving special funding from the state and we are paying and the child is not any closer to receiving his diaploma.I think the child needs to step up and be held accountable. I think this sends a very bad message to the child that you can keep flunking and we will still give you a free ride. The child only attends school for 3 hrs a day and he spends the rest of the day being a bumb. How can I hold the school accountable for not helping the student to learn and show some progress. I have called and questioned the teachers so they know Im concerned but they still wont call and keep us imformed. Is there a written protocal for how many times hte student can het support stopped nad restarted. Thanks


Asked on 4/04/08, 12:12 am

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Child attending school and not passing

The problem is that you have been dealing with the state's debt collection agency rather than taking the matter to court. DCS (the Division of Child Support, which I call the state's Debt Collection Services agency) has no interest in reducing or terminating a child support obligation. That would be like shooting themselves in the foot.

If you want justice, you need to take the matter directly to court. You do this by filing a motion against the adult child and the former spouse. The problem, however, is one of costs and attorney fees, which would generally run around $3,000, with no guarantee that you will prevail.

I am unable to give you more information and guidance without undertaking a more detailed review of the facts and circumstances of your particular case.

If you wanted to proceed further, you may call me at 503.224.8884 and we can arrange for an office conference and review of the case records. (I do impose a fee for such a 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]

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Answered on 4/04/08, 4:48 am


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