Legal Question in Family Law in Oregon

Re: Child turned 18

YOUR QUESTION:

When I divorced there was no court order or settlement that said I had to pay child support, because this is what was agreed upon for the divorce. I have although been paying on my own for the past two years, my son turned 18 and has graduated, and is not working but will be going to college this fall, he lives with his Grandparents not me nor his Dad. I told him that I would continue to pay if he works this summer if not than when he goes back to school in the fall...is this legal being that there was no paper stating support to be made in the first place? Can his Dad or Grandparents take me to court or have an attorney come after me?

ANSWER:

No. Neither the adult offspring's father nor the adult offspring's grandparents can take you to court or have an attorney come after you for "child" support. The "child" is, in fact, no longer a child. He is an adult. And as an adult, it is his responsiblility to support himself. Be aware, however, that there is a peculiar Oregon law that, in its present form, would allow the majority-age child, if attending school between ages 18 and 21, to file a lawsuit against either or both parents, seeking a court order requiring either or both parents to pay money to child ("adult support" money). But that is a matter entirely up to the adult offspring. ORS 107.108.

If further legal consultation and advice is desired, you may give me a call and we can arrange for an office 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

503.224.8884

E-mail: [email protected]