Legal Question in Family Law in Oregon

Re: Child Support for child going to college

YOUR POST:

Our 20 year old stepson moved out of our house at age 18 when he graduated high school, he works full time and was attending college until he quit. He has now gotten evicted from his apartment. Is moving in with his mom and wants to work part time and go back to college. His mom told him that he could sue my husband and I for child support for college tuition. Our son lived with us from age 12 until 18 and we never received any support for his mother. Can they legally force us to pay for his college even though we raised him to 18 and he chose to move out on his own and now live with his mother who has never paid anything for him. Please let me know. Thanks, Stressed Mom

ANSWER:

As unreasonable as it sounds, the answer is YES.

Specifically, between age 18 and 21, if the "child" meets Oregon's statutory definition of "child attending school" under ORS 107.108, the adult student may obtain a court order against mother or father, or both, requiring mother or father, or both, to pay him such amount of money for his "support" as the judge deems reasonable under the circumstances.

In an amendment to ORS 107.108 that will take effect on 9/1/2005, the statute now includes a statement explaining the intent of the Legislature. Specifically, it says:

"A support order that provides for the support or maintenance of a child attending school is intended to recognize the importance of continuing education for a child over 18 years of age who does not benefit from an intact family or who has been removed from the household. While support may serve to supplement the resources available to the child attending school, it is not intended to replace other resources or meet all of the financial needs of a child attending school."

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

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

E-mail: [email protected]