Legal Question in Family Law in Oregon
Oregon Child Attending School support: My husband has two adult offspring, one is 18 and one is 20. His child support order is administered through the Oregon Support Enforcement (OSE) and was set several years ago when children were both minors. There was never a court ordered parenting time agreement (as my husband could never afford an attorney to enforce one because his child support was always too high). The support was "suspended" when the daughter turned 18 but it was reinstated a month later when she decided to take 1 credit per term at a local "adult high school diploma" program. Question: How do we get the support administered through a 529 plan so we can take advantage of tax breaks that married parents are able to take advantage of? Is it possible to get the support lowered to a reasonable amount for an adult taking only 1 high school credit per term and failing 2/3 of the classes she has attempted since turning 18? If so, how do we do that? The OSE has told us that if my husband were to have the support order modified, the new calculations would give the custodial parent 100% parenting time (even though the children are adults) and would also consider the 20 y/o son (who is going to be a father in a couple of days) when doing the calculations. The problem is that my husband makes a substantially higher wage now and we also have no way of knowing how much the mother makes. She is an RN and living with a doctor but we don't have an address and we don't know where either of the "children" live.
1 Answer from Attorneys
You need to consult with an attorney who is familiar and experienced wtih ORS 107.108. Each case turns on its own particular facts and circumstances. So you need to have your particular case evaluated by a lawyer who understands Oregon's child support system.
If you would like to confer further, make an appointment for an office conference. ($150 conference fee, payable at time we begin the conference.)
LAWRENCE D. GORIN
http://ldgorin.justia.net/index.html
Law Offices of L.D. Gorin
6700 S.W. 105th Ave., Suite 320
Beaverton, Oregon 97008
Telephone: 503.716.8756
E-mail: [email protected]
PS: ORS 107.108 is a really lousy law. It ought to be changed.
See LDG Momogrtaph # 89::
http://ldgorin.justia.net/article_64-1811902.html