Legal Question in Family Law in Oregon

Re: Ors.107.108

If you have been making the payment directly to the child's mother, you should start making the payment directly to the "child attending school" upon the child's attaining age 18.

If you have been making the payment through the state's child support debt collection agency in Salem (either by your sending a check to Division of Child Support each month, or through employer withholding), you need do nothing. Rather, DCS will commence distribution of the support money to the 18 y/o child attending school (and discontinue distribution of the money to the chi;d's mother).

Finally, yes, ORS 107.108 is unconstitutional. I argued that point to the Oregon Supreme Court in 1997. But the court rejected my argument. So for the time being, the law continues in force. There is some movement, but not much, to have the law repealed. Not sure if it will gain any momentum. Forces of opposition are just to overwhelming.

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

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]