Legal Question in Family Law in Oregon

Re: ORS 107.108 & out of pocket dental exp.

Step daughter turning 18 next month, she is enrolled in highschool but misses a lot of days. She moved out of her mother's house in July. 1. Since she moved out with a friend in July and has a job and pays rent...

QUESTION:

Is she considered self supporting?

ANSWER:

YES. But being financiallly self-sufficient does not necessarily disqualify her for "adult support" under Oregon law.

QUESTION:

Can we have support suspended?

ANSWER:

MAYBE. If it can be established that she has no need for parental financial assistance in order to continue with her education. Even then, it's always and up-hill battle, with no assurance of prevailing no matter how strong the case for doing so may be.)

QUESTION:

Are missing days at highschool grounds for suspending support after she turns 18?

ANSWER:

NO, not as long as she remains (1) "enrolled" and (2) is taking a course-load equal to at least 1/2 of "full time enrollment and (3) is making "satisfactory academic progress" (all according to the school's standards).

QUESTION:

Divorce Decree is from 1990 stating father is to provide insurance and pay 50% of out of pocket expenses. 1999 modification includes first $250 in costs, did not address other out of pocket expenses. Mother sent us a bill for dental expenses requesting 50%. She did not take SD to dentist for 3 years which is the reason for extraordinary MAJOR expenses..root canal, buildup and crown...and perio cleaning over $2500 OUR insurance paid all but $1000. Which order rules? 1990 or 1999?

ANSWER:

Combination of both. The first $250 per year of non-recurring health care expenses not paid for by health insurance coverge is already included in the basic child support amount that you are already ordere to pay. From what you describe, if there are non-recurring health care expenses not paid for by the health insurance, in excess of the first $250 per year, the parents are both equally liable for payment thereof.

QUESTION:

Since she did not take SD to doctor or dentist in 3 years can we subtract $250x3?

ANSWER:

NO. (But nice try, anyway.)

QUESTION:

In 2003 DHS removed SD from mother's home for neglect, drugs, DV, alcohol abuse. SD then in foster care with grandparents. Thrives at school and visits the dentist and dr on regular basis. We live in a different state.

ANSWER:

Daughter probably ought to move back in with the grandparents.

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]