Legal Question in Family Law in Oregon

Child Support

My divorice decree is in Oregon and all parties reside in Oregon. My son is 20 yrs old and a full time student at the University of Oregon. My decree says the father shall pay my child support as long as he is in school full time. The state says only until he is 21. Is my decree not valid or is the state overriding the decree? The decree was entered into record in 1991.


Asked on 6/12/09, 3:50 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Child Support

The judge has no authority to order more than the law allows. ORS 107.108 allows the court to impose a parental obligation for a "child attending school" as that phrase is defined om tje statute.

A "child attending school" under ORS 107.108 means a child of the parties who:

(A) Is unmarried;

(B) Is 18 years of age or older and under 21 years of age;

(C) Is making satisfactory academic progress as defined by the school that the child attends; and

(D) Has a course load that is no less than one-half of the load that is determined by the school to constitute full-time enrollment.

Parties to an Oregon divorce can by contractual agreement between themselves agree to do more than what the judge can do, in which case their agreement is enforceable as a contract using contract law. But this is not enforcement of a court order; rather, it is enforcement of a contractual obligation.

Need more info? Call my office. We can arrange for a conference to further discuss you case.

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 6/12/09, 8:14 pm


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