Support or maintenance for child attending school
- rules
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)