Legal Question in Family Law in Oregon

Re: child support for a 19 year old

ANSWER:

Because the law says so.

See ORS 107.108 (4):, "Regardless of whether the child is a child attending school, an unmarried child who is 18 years of age or older and under 21 years of age is a NECESSSARY PARTY to a judicial proceeding under ORS 107.085, 107.135, 107.431, 108.110, 109.103 or 109.165 in which the child�s parents are parties and the court has authority to order or modify support for a child attending school."

That covers virtually every divorce case in which the parties have a child between ages 18 and 21. Being a "party" to a lawsuit means the party is entitled to notice of the legal proceedings and must be served with the legal papers pertaining thereto.

HINT: Having "party" status and having a right to be served also carries with it the right to WAIVE that right, so long as the waiver is in writing and is voluntarily, intentionally and knowingly made. Many parents have the adult child sign a "WAIVER OF APPEARANCE, WAIVER OF NOTICE AND CONSENT TO ENTRY OF JUDGMENT." If this is done and filed with the court, no further involvement of the child is needed.

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]