Legal Question in Family Law in Oregon

ANSWER:

The duration of your child support obligation is controlled by the law of the issuing state and cannot be modified for change by a subsequent order rendered by a court of a different state.

Under California law, unless the parties otherwise mutually agree, child support obligations continue only for so long as the child remains (1) under age 18 or (2) under age 19 AND a fulltime high school student.

Under Oregon law, child support obligations end at age 18 but may be (and typically are) automatically extended to age 21 if and so long as the child between age 18 and 21 qualifies as a "child attending school:" under ORS 107.108.

HOWEVER, under the Uniform Interstate Family Support Act (UIFSA), Oregon would not have jurisdictional authority to modify the California support order so long as one parent continued to reside in California. If neither parent any longer resided in California, and both parents now resident in different states, Oregon would have authority to modify the amount of the California support order but ONLY upon motion of the parent who does NOT reside in Oregon. (Yes, I realize this is a bit complicated, and most attorneys do not understand the UIFSA requirements and limitations.)

UIFSA law:----> http://www.law.upenn.edu/bll/archives/ulc/uifsa/famsuul6.htm

See also----> http://ldgorin.justia.net/article_37-1504212.html

Even in those cases in which Oregon would UIFSA modification authority, Oregon still would NOT have authority to modify or change the DURATION of the support obligation from that which was "fixed" by the terms of the original California support judgment.

You would be well-advised to spend a few dollars and consult with a child support expert who knows this area of law and who can provide a complete case analysis.

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.com

Law Office of L.D. Gorin

6700 S.W. 105th Ave., Suite 104

Beaverton, Oregon 97008

Phone: 503-716-8756

Fax: 503-646-1128

E-mail: [email protected]