Legal Question in Family Law in Oregon

Re: Child Support after age 18

QUESTION:

Hello, I have been paying child support for 14 years to an out of state parent (texas), next year the child turns 18. In the original agreement done in 1993 there is no context on any support or college expenses after age 18. Oregon's law was revised in 1997 that would further support in these areas. Will I have to pay college expenses or support to age 21?

ANSWER:

All depends on which state rendered the original divorce decree.

Under Texas law, child support continues so long as chid is either (1) under age 18 or (2) under age 19 AND still in high school (unless the parties otherwise agree). There is no provision for support linked to going to college. If what you have is a Texas divorce decree, Texas law controls even if the parties are living in different states.

Under Oregon, child support continues so long as chid under age 18. Support MAY be ordered and imposed (on either or both parents), to be paid directly to an unmarried majority-age child between ages 18 and 21 who qualifies as a "child attending school" (including college), if the Oregon divorce decree (or subsequent modification thereof) specifically provides. If what you have is an Oregon divorce decree, Oregon law controls even if the parties are living in different states.

Need more info? Call me.

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]