ORS 107.108
Support or maintenance for child attending school

  • rules

(1)

As used in this section:

(a)

“Child attending school” means a child of the parties who:

(A)

Is unmarried;

(B)

Is 18 years of age or older and under 21 years of age;

(C)

Is making satisfactory academic progress as defined by the school that the child attends; and

(D)

Has a course load that is no less than one-half of the load that is determined by the school to constitute full-time enrollment.

(b)

“Regularly scheduled break” means:

(A)

A summer semester or term;

(B)

A period of time not exceeding four months between graduation from or completion of school and the beginning of the next regularly scheduled term, semester or course of study at school;

(C)

A period of time between the end and beginning of regularly scheduled consecutive school semesters, terms or courses of study; or

(D)

Any other scheduled break between courses of study that is defined by the school as a regularly scheduled break.

(c)

“School” means:

(A)

An educational facility such as a high school, community college, four-year college or university;

(B)

A course of professional, vocational or technical training, including the Job Corps, designed to fit the child for gainful employment; or

(C)

A high school equivalency course, including but not limited to a General Educational Development (GED) program, an educational program for grade 12 or below and home schooling.

(2)

A support order entered or modified under ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) or this chapter or ORS chapter 25, 108, 109, 110, 125, 419B or 419C may require either parent, or both of them, to provide for the support or maintenance of a child attending school.

(3)

Notwithstanding ORS 25.503 (Parties to support proceedings), a child attending school is a party to any legal proceeding related to the support order. A child attending school may:

(a)

Apply for services under ORS 25.080 (Entity primarily responsible for support enforcement services):

(A)

If a support order provides for the support or maintenance of the child attending school; or

(B)

In accordance with rules adopted by the Department of Justice;

(b)

Request a judicial or administrative modification of the child support amount or may receive notice of and participate in any modification proceeding; and

(c)

Agree, in the manner provided under ORS 25.020 (When support payment to be made to Department of Justice) (12), that payments not made to the Department of Justice should be credited for amounts that would have been paid to the child attending school if the payments had been made to the department.

(4)

Regardless of whether the child is a child attending school, an unmarried child who is 18 years of age or older and under 21 years of age:

(a)

Is a necessary party to a judicial proceeding under ORS 107.085 (Petition), 107.135 (Vacation or modification of judgment), 107.431 (Modification of portion of judgment regarding parenting time or child support), 108.110 (Petition for support of spouse and children), 109.103 (Proceeding to determine custody or support of child) or 109.165 (Vacation or modification of judgment) in which the child’s parents are parties and the court has authority to order or modify support for a child attending school; and

(b)

May request notice of any proceeding initiated by the administrator to modify a support order that may affect the child’s rights as a child attending school. To receive notice, the child shall provide an address to the administrator, and the administrator shall notify the child of any modification proceeding by first class mail. To be a party to a proceeding, the child must send a written request to the administrator within 30 days after the date of the notice of the proceeding.

(5)

Intentionally left blank —Ed.

(a)

If a support order provides for the support or maintenance of a child attending school and the child qualifies as a child attending school, unless good cause is found for the distribution of the payment to be made in some other manner, support shall be distributed to the child if services are being provided under ORS 25.080 (Entity primarily responsible for support enforcement services) or shall be paid directly to the child if those services are not being provided.

(b)

Unless otherwise ordered by the court, administrator or administrative law judge, when there are multiple children for whom support is ordered, the amount distributed or paid directly to a child attending school is a prorated share based on the number of children for whom support is ordered. However, if, due to a parenting time or split custody arrangement, support was not paid to the parent having primary physical custody of the child before the child turned 18 years of age, support may not be distributed or paid directly to the child attending school unless the support order is modified.

(c)

The Department of Justice shall adopt rules to define good cause and circumstances under which the administrator or administrative law judge may allocate support by other than a prorated share and to determine how support is to be allocated in those circumstances.

(6)

Intentionally left blank —Ed.

(a)

For support payments to continue to be distributed or paid directly to the child attending school, the child shall provide to each parent ordered to pay support and, if services are being provided under ORS 25.080 (Entity primarily responsible for support enforcement services), to the department:

(A)

Written notice of the child’s intent to attend or continue to attend school. The child shall provide the notice before reaching 18 years of age. The notice must include the name of the school and the expected graduation date or date when the child will stop attending classes. If the child changes schools, the child shall provide the information required by this subsection concerning the subsequent school before the expected graduation date or date when the child will stop attending classes at the previous school.

(B)

Written consent that:
(i)
Is directed to the child’s school and is in a form consistent with state and federal requirements that restrict disclosure of student records;
(ii)
Gives the school authority to disclose to each parent ordered to pay support the child’s enrollment status, whether the child is maintaining satisfactory academic progress, a list of courses in which the child is enrolled and the child’s grades; and
(iii)
States that the disclosure is for the purpose of permitting each parent to verify the child’s compliance with the requirements of this section.

(b)

The child shall provide the written consent form described in paragraph (a)(B) of this subsection within 30 days after the beginning of the first term or semester after the child reaches 18 years of age, at the beginning of each academic year thereafter and as otherwise required by the school to disclose the information under this section.

(c)

If an order of nondisclosure of information has been entered concerning the child under ORS 25.020 (When support payment to be made to Department of Justice), the child may provide the information described in paragraph (a)(B) of this subsection in the manner established by the department by rule.

(7)

Each parent ordered to pay support shall continue to make support payments, to be distributed or paid directly, to the child during regularly scheduled breaks as long as the child intends to continue attending school the next scheduled term or semester.

(8)

A parent’s obligation to pay support to a child attending school is suspended when:

(a)

The child has reached 18 years of age and has not provided written notice of the child’s intent to attend or continue to attend school, or the child has graduated or reached the date to stop attending classes, as provided under subsection (6)(a)(A) of this section;

(b)

Intentionally left blank —Ed.

(A)

Services are not being provided under ORS 25.080 (Entity primarily responsible for support enforcement services);

(B)

The parent has provided the child with a written notice of the parent’s intent to stop paying support directly to the child because the child is no longer a child attending school or the child has not provided the written consent required by subsection (6)(a)(B) of this section; and

(C)

Thirty days have passed since the parent provided the notice to the child and the parent has not received:
(i)
Written confirmation from the school that the child is enrolled in the school and is a child attending school; or
(ii)
The written consent from the child as required by subsection (6)(a)(B) of this section;

(c)

Intentionally left blank —Ed.

(A)

Services are being provided under ORS 25.080 (Entity primarily responsible for support enforcement services);

(B)

A parent ordered to pay support has provided the department with written notice that the child is no longer a child attending school or that the child has not provided the written consent required by subsection (6)(a)(B) of this section;

(C)

The department has provided written notice to the child requiring:
(i)
Written confirmation, on a form developed by the department, from the school that the child is enrolled in the school and is a child attending school; and
(ii)
Proof that the written consent required by subsection (6)(a)(B) of this section has been provided to the parent ordered to pay support; and

(D)

Thirty days have passed since the department provided the notice to the child and the department has not received:
(i)
Written confirmation from the school that the child is enrolled in the school and is a child attending school; or
(ii)
Proof that the written consent required by subsection (6)(a)(B) of this section has been provided to the parent ordered to pay support.

(9)

When a parent’s support obligation has been suspended under subsection (8) of this section, the obligation is reinstated:

(a)

If services are not being provided under ORS 25.080 (Entity primarily responsible for support enforcement services), effective on the date the parent receives written confirmation from the school that the child is enrolled in the school and is a child attending school and receives the written consent from the child as required by subsection (6)(a)(B) of this section; or

(b)

If services are being provided under ORS 25.080 (Entity primarily responsible for support enforcement services), effective on the date the department receives written confirmation from the school that the child is enrolled in the school and is a child attending school and receives proof that the written consent required by subsection (6)(a)(B) of this section has been provided to the parent ordered to pay support.

(10)

If a parent ordered to pay support is paying a prorated share under subsection (5) of this section and that obligation is suspended under subsection (8) of this section, the parent shall pay to the obligee the amount previously paid to the child attending school until such time as the support order is modified. The suspension of a parent’s obligation to pay support to a child attending school is a substantial change of circumstances for purposes of modifying a support order. In a proceeding to modify a support order, the court, administrator or administrative law judge may order a modified amount of support and may order an amount of support to be paid in the event that a support obligation is reinstated under subsection (9) of this section.

(11)

Intentionally left blank —Ed.

(a)

If services are being provided under ORS 25.080 (Entity primarily responsible for support enforcement services) and the department has suspended a support obligation under subsection (8) of this section or reinstated a support obligation under subsection (9) of this section, a party may request administrative review of the action within 30 days after the date of the notice that the department has suspended or reinstated the support obligation.

(b)

The department may adopt rules specifying the issues that may be considered on review.

(c)

A party may appeal the department’s decision on review under ORS 183.484 (Jurisdiction for review of orders other than contested cases).

(12)

Intentionally left blank —Ed.

(a)

Notwithstanding any other provision of this section, if a parent who is required to provide for the support or maintenance of a child attending school has established a higher education savings plan for the child’s continued education, the court may order payment in accordance with the plan instead of ordering support that would otherwise be distributed or paid directly to the child under this section.

(b)

If the court orders payment in accordance with the plan, the court may not order compliance with or payment of that provision of the order through the department.

(c)

As used in this subsection, “higher education savings plan” means a tax-advantaged account established by a parent on behalf of a child for the purpose of paying qualified higher education expenses of the child at eligible educational institutions.

(13)

A support order that provides for the support or maintenance of a child attending school is subject to this section regardless of when the support order was entered.

(14)

A support order that provides for the support or maintenance of a child attending school is intended to recognize the importance of continuing education for a child over 18 years of age who does not benefit from an intact family or who has been removed from the household. While support may serve to supplement the resources available to the child attending school, it is not intended to replace other resources or meet all of the financial needs of a child attending school. [1973 c.827 §12b; 1981 c.669 §1; 1989 c.518 §1; 1995 c.343 §21; 1997 c.704 §51; 2003 c.73 §50a; 2003 c.75 §84; 2003 c.576 §110; 2005 c.591 §1; 2019 c.13 §26; 2019 c.291 §12]

Source: Section 107.108 — Support or maintenance for child attending school; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html.

Notes of Decisions

Requirement to maintain life insurance to secure child support payment must be limited to period for which support duty exists. Miller and Miller, 21 Or App 253, 534 P2d 512 (1975)

Absent order in decree requiring payment for schooling, parent had no obligation to support adult child, for this section was not self-executing. Mallory and Mallory, 30 Or App 533, 567 P2d 1051 (1977)

As used in this section, word “decree” encompasses modification of original decree to provide support for “child attending school.” State ex rel Wick v. Wick, 37 Or App 125, 586 P2d 400 (1978)

Although children had not yet reached age 18, support decree could properly be modified to provide for children after reaching age 18 and attending school. Quinby and Quinby, 41 Or App 633, 598 P2d 1284 (1979)

Beginning to attend school is change of circumstances authorizing modification of support decree. Eusterman and Eusterman, 41 Or App 717, 598 P2d 1274 (1979)

Court may modify decree to provide for support at any time prior to child reaching age 21, whether or not support obligation previously lapsed. Eusterman and Eusterman, 41 Or App 717, 598 P2d 1274 (1979)

Substantial change of circumstances is not required for continuation of support obligation. Eusterman and Eusterman, 41 Or App 717, 598 P2d 1274 (1979)

Support obligation applies year-round. Eusterman and Eusterman, 41 Or App 717, 598 P2d 1274 (1979)

Support obligation accrues only if child is attending school, notwithstanding that original support order is not modified. Eusterman and Eusterman, 41 Or App 717, 598 P2d 1274 (1979)

Where dissolution decree was modified to require father to continue child support payments to 18-year-old son as long as son was “child attending school” within meaning of this section, son’s refusal to visit father did not affect father’s support obligation. Smith and Smith, 44 Or App 635, 606 P2d 694 (1980)

In absence of notification to non-custodial parent that child graduating from high school will enter college in the fall, the support obligation for child who reaches 18 ceases during summer months between graduation from high school and entry into college. Riback and Riback, 59 Or App 670, 651 P2d 1089 (1982)

Child attending school could not be party to petition for support where there was no child support order in effect before initiation of proceeding. Thomas and Thomas, 70 Or App 317, 689 P2d 348 (1984)

This section does not authorize trial court to order custodial parent to pay support to child over 18 attending school. Thomas and Thomas, 70 Or App 317, 689 P2d 348 (1984)

Child is not indispensable party where issue involves arrearage of previously accrued child support. Wyllie and Wyllie, 95 Or App 109, 767 P2d 931 (1989), Sup Ct review denied

Child’s involvement in unmarried “adult conjugal relationship with a man” does not disqualify her from receipt of support as child attending school. Sandlin and Sandlin, 113 Or App 48, 831 P2d 64 (1992)

This section does not authorize trial court to order parent to pay college expenses in addition to child support. Wiebe and Wiebe, 113 Or App 535, 833 P2d 333 (1992)

Where education of children was funded by trust consisting of marital property, court was required to provide for distribution of property upon termination of trust. Stephens and Stephens, 125 Or App 25, 865 P2d 374 (1993)

Disparate treatment caused by requiring divorced or separated parent to support child over age 18 when child is attending school has rational basis and thus does not violate state and federal constitutional provisions related to equal protection. Crocker and Crocker, 157 Or App 651, 971 P2d 469 (1998), aff’d 332 Or 42, 22 P3d 759 (2001); McGinley and McGinley, 172 Or App 717, 19 P3d 954 (2001), Sup Ct review denied

Requirement that child attending school maintain grade average applies only for period after court has ordered support. Norton v. MacDonald, 194 Or App 174, 93 P3d 804 (2004)

Law Review Citations

69 OLR 689 (1990)

107.005
Annulment of void marriage
107.015
Grounds for annulment or dissolution of marriage
107.025
Irreconcilable differences as grounds for dissolution or separation
107.036
Doctrines of fault and in pari delicto abolished
107.046
Appearance by public official
107.055
Appearance by respondent
107.075
Residence requirements
107.085
Petition
107.086
Where to file petition
107.087
When petition to be served on Division of Child Support
107.088
Clerk of court to furnish certain information when petition is filed
107.089
Documents parties must furnish to each other
107.092
Notice that spouse may continue health insurance coverage
107.093
Restraining order
107.094
Forms for restraining order and request for hearing
107.095
Provisions court may make after commencement of suit and before judgment
107.097
Ex parte temporary custody or parenting time orders
107.101
Policy regarding parenting
107.102
Parenting plan
107.103
Alternative dispute resolution conference procedure
107.104
Policy regarding settlement
107.105
Provisions of judgment
107.106
Provisions of order or judgment providing for custody, parenting time, visitation or support of child
107.108
Support or maintenance for child attending school
107.111
When parents equally responsible for funeral expenses of child
107.115
Effect of judgment
107.118
Definitions for ORS 107.118 to 107.131
107.121
Revocation of designation of beneficiary upon entry of judgment
107.124
Effect of revocation
107.127
Notice of revocation
107.131
Conveyance or release of contingent or expectant interests
107.133
Remedy following conviction for attempted murder or conspiracy to commit murder
107.135
Vacation or modification of judgment
107.136
Reinstatement of terminated spousal support
107.137
Factors considered in determining custody of child
107.138
Temporary status quo order regarding child custody
107.139
Post-judgment ex parte temporary custody or parenting time order
107.145
Legislative findings regarding deployed parent
107.146
Expedited hearing upon motion by deployed parent
107.149
Policy regarding parents and their children
107.154
Authority of parent when other parent granted sole custody of child
107.159
Notice of change of residence
107.164
Parents’ duty to provide information to each other
107.169
Joint custody of child
107.174
Modification of order for parenting time
107.179
Request for joint custody of children
107.400
Amendment of pleadings in dissolution, annulment or separation proceedings to change relief sought
107.405
Powers of court in dissolution, annulment or separation proceedings
107.406
Legislative findings
107.407
Petition to set aside spousal support provisions of judgment
107.408
Duty to provide income tax information
107.412
Procedure applicable to ORS 107.407
107.415
Notice of change of status of child
107.425
Investigation of parties in domestic relations suit involving children
107.431
Modification of portion of judgment regarding parenting time or child support
107.434
Expedited parenting time enforcement procedure
107.437
Order of assistance to obtain custody of child held in violation of custody order
107.445
Attorney fees in certain domestic relations proceedings
107.449
Transfer of proceeding under ORS 107.135 to auxiliary court
107.452
Reopening case if assets discovered after entry of judgment
107.455
Effect of separation statutes or judgments on subsequent dissolution proceedings
107.465
Conversion of judgment of separation into judgment of dissolution
107.475
Court to determine duration of separation
107.485
Conditions for summary dissolution procedure
107.490
Commencement of proceeding
107.500
Forms
107.510
Definitions for ORS 107.510 to 107.610
107.520
Establishment of conciliation jurisdiction
107.530
Source of conciliation services
107.540
Conciliation jurisdiction by court
107.550
Petition for conciliation jurisdiction
107.560
Effect of petition
107.570
Notice
107.580
Restriction of services
107.590
Court orders
107.600
Privacy of proceedings
107.610
Qualifications of conciliation counselors
107.615
Fees to support services
107.700
Short title
107.705
Definitions for ORS 107.700 to 107.735
107.707
Application of Uniform Child Custody Jurisdiction and Enforcement Act
107.710
Petition to circuit court for relief
107.716
Hearing
107.717
Appearance by telephone or two-way electronic communication device
107.718
Restraining order
107.719
Removal of personal effects
107.720
Enforcement of restraining orders
107.721
Petitioner’s change of residence
107.722
Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order
107.723
Service of restraining order
107.725
Renewal of order entered under ORS 107.716 or 107.718
107.726
Standing to petition for relief of person under 18 years of age
107.728
Where to file petition
107.730
Modification of order entered under ORS 107.700 to 107.735
107.732
Recovering custody of child
107.735
Duties of State Court Administrator
107.755
Court-ordered mediation
107.765
When referral to mediation permitted
107.775
Methods of providing mediation services
107.785
Privacy of proceedings
107.795
Availability of other remedies
107.810
Policy
107.820
Support order as insurable interest
107.825
Court-ordered beneficiary action against third-party beneficiary after death of obligor
107.830
Physical examination may be ordered
107.835
Waiver of personal service in subsequent contempt proceeding
107.837
Attorney fees
107.840
Confidentiality of Social Security numbers
107.843
Supplemental judgments
Green check means up to date. Up to date