Legal Question in Family Law in Oregon

Payment of adult support.

YOUR QUESTION:

My 17 year old son has two more years of high school left. My ex-husband will not pay child support to me when he turns 18. He is only going to pay the son. Is this legal?

ANSWER:

Depends on whether your present support order was established prior to 10/4/1997 as opposed to on or after 10/4/1997.

For support orders established prior to 10/4/1997, post-18 support (assuming the child qualifies as a "child attending school" as defined in ORS 107.108, will be paid to the parent who had been the child's custodial parent when the child attained age 18.

For support orders established on or after 10/4/1997 (including pre-10/4/1097 orders that are modified on or after 10/4/1997), support for an otherwise qualifying 18-21 year old adult who qualifies as a "child attending school" will be paid to the young adult.

As explained in ORS 107.108(4), which became effective on 10/4/1997:

"When the court orders support under this section or the administrator or a hearings officer orders support for a child attending school under ORS 416.400 to 416.470, the court, administrator or hearings officer shall order that the support be distributed to the child unless good cause is found for the distribution of the payment to be made in some other manner."

Hope this clarifies your concerns.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

621 S.W. Morrison St., Suite 350

Portland, Oregon 97205

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-274-0818

E-mail: [email protected]