Legal Question in Family Law in Pennsylvania
Child Support after age 18
I've been paying child support for my 17 year old daughter. She turns 18 next month and according to oregon law must continue to pay it when she goes to college. My ex has quit work and remarried. I have not seen my daughter in 8 months and she refuses to see her half sister. I do not want to pay this. My question is: If I move my family to Pennsylvania (or any state) can I be successful in fighting Oregon on this discriminating law? Not only discriminating against me as a divorced person but also as a father. My ex will not be required to support her at all if she moves out of state to attend school. This is what I was told by an oregon attorney.
1 Answer from Attorneys
Adult Support after age 18. (They are no longer children.)
YOUR POST:
I've been paying child support for my 17 year old daughter. She turns 18 next month and according to oregon law must continue to pay it when she goes to college. My ex has quit work and remarried. I have not seen my daughter in 8 months and she refuses to see her half sister. I do not want to pay this.
My question is: If I move my family to Pennsylvania (or any state) can I be successful in fighting Oregon on this discriminating law? Not only discriminating against me as a divorced person but also as a father. My ex will not be required to support her at all if she moves out of state to attend school. This is what I was told by an oregon attorney.
REPLY:
Your moving out of state will not provide a basis for termination of the Oregon support obligation for the �child� attending college. However, attaining age 18 constitutes a substantial change of circumstances that warrants a review of the entire situation and possible/probable change in the support arrangement. Parental obligations for support of an 18-21 y/o adult offspring should NOT be treated as if they were merely a continuation of support for a minor child (contrary to what most everybody else will tell you). Adult support (as I call it) is totally different than child support. Different law; different rules, different considerations; different means for determining amount (if any), etc.
I challenged this law a few years ago, taking the case to the Oregon Supreme Court. See http://www.dadsusa.com/croupd.htm. Although the court ruled against us, I learned quite a lot about this law and how it should be applied. Give me a call or e-mail should you want to proceed further.
LAWRENCE D. GORIN
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]