Legal Question in Family Law in Oregon
My daughter did qualify as an adult child attending school. She lives in Oregon and and attended a college until March of 2010. She has not attended since. She has informed me that she is going to ask for child support from me again for this fall. I thought Oregon law said no more of a break than 4 months? Can you please clarify?
2 Answers from Attorneys
No such limitation. If and when she re-enrolls and otherwise qualifies as a CAS under ORS 107.108, she can file her own motion with the court seeking support against either or both of the parents. Granting such an order is discretionary with the court. There is no "entitlement" to support under ORS 107.108.
LAWRENCE D. GORIN
http://ldgorin.justia.net/index.com
Law Office 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]
When she files for child support, you will have the opportunity to object. Under Oregon law, being a child attending school" as defined in ORS 107.108 simply means the adult student is ELIGIBLE for a court order compelling involuntary financial support from either or both parents. But being a child attending school" as defined in ORS 107.108 does NOT mean that there is an automatic ENTITLEMENT to such an order. Whether the court should grant or deny the adult student's motion is entirely up to the judge.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
