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# 89 - ORS 107.108 - Proposed Amendment - Child Attending School - support law

LDG Monograph # 89                                             Sept, 2011 --ver.5.3

ORS 107.108 --  OREGON'S "CHILD ATTENDING SCHOOL" LAW  -- PROPOSED AMENDMENT

   
Submitted for consideration by the Oregon Legislature at its 2013 legislative session.

    Proposed bill amending ORS 107.108 and replacing with new provisions.

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                    SUMMARY
    Amends ORS 107.108 and creates new provisions.

            A BILL FOR AN ACT
    Relating to child support; amending ORS 107.108.

Be It Enacted by the People of the State of Oregon:

    SECTION 1. Subsections (1) through (14) of ORS 107.108 are deleted and section 2 of this 2013 Act is enacted in lieu thereof.

    SECTION 2. (1) As used in this section, “child attending school” means a child of the parties who is unmarried, is 18 years of age or older and under 19 years of age, not a member of the armed services of the United States, and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.
   
        (2)  Except as provided by this section, a child support order entered or modified under this chapter or under ORS chapter 25, 108, 109, 110, 125, 416, 419B or 419C shall terminate upon the child’s death, marriage, entry into the armed services of the United States, attaining age 18, or upon entry of a judgment of emancipation under ORS 419B.558 or subsequent order or judgment terminating the support obligation, whichever event first occurs.

        (3) Notwithstanding subsection (2) of this section, a child support order entered or modified under this chapter or under ORS chapter 25, 108, 109, 110, 125, 416, 419B or 419C may require either parent, or both of them, to provide for the support or maintenance of a child attending school.

        (4) The formula established under ORS 25.275 shall apply to the determination of support for a child attending school.

    SECTION 3.  Section 2 of this 2013 Act applies to:
     (1) Judgments and administrative orders entered on or after the effective date of this 2013 Act; and

    (2) Judgments and administrative orders entered before the effective date of this 2013 Act if the child for whom support was ordered attains 18 years of age on or after the effective date of this Act.

    SECTION 4. Notwithstanding section 2 of this 2013 Act, judgments and administrative orders entered before the effective date of this 2013 Act providing for support of a child shall continue to be governed by the provisions of ORS 107.108 (2011 Edition) if the child for whom support was ordered attained 18 years of age before the effective date of this 2013 Act.

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Submitted by:
LAWRENCE D. GORIN
Attorney at Law
6700 S.W. 105th Ave., Suite 104
Beaverton, Oregon  97008
Phone:  503-716-8756
Fax:    503-646-1128
E-mail: 
LDGorin@pcez.com
http://ldgorin.justia.net/index.com



EXPLANATION and COMMENT:


    The primary intent of this proposal is to simplify the child support laws of Oregon by allowing child support obligations to extend and continue after age 18 for children who are still in high school on a full-time basis, as is allowed under presently-existing ORS 107.108, but not beyond the child’s attaining age 19.

    In sum, court-ordered child support obligations would continue after age 18 on the same terms as prior to age 18, but only for so long as the child remains under age 19 and is a full-time secondary school student.

    Essential elements of the proposal are as follows;

    1.  ORS 107.108 is not repealed.  Rather, the existing statute is revised by changing the statutory definition of "child attending school" so as to mean "a child of the parties who is unmarried, is 18 years of age or older and under 19 years of age, not a member of the armed services of the United States, and is a full-time student in a secondary school or in the equivalent level of vocational or technical training."  This in consistent with what is done in the majority of the rest of the American states.

    2.   By leaving ORS 107.108 in place and simply changing the definition of "child attending school," there is no need to amend or change all of the other ORS sections that refer to "a child attending school as defined in ORS 107.108."   Specifically, ORS 25.080, 25.164, 107.105, 107.135, 107.485, 108.045, 108.110, 109.072, 109.124, 109.155, 109.165, 416.400, 416.415, 419B.400 and 419C.590 can all be left alone, as is, with no need for change.

    3.  Provision is made for continuation of existing judgments that provide for support until age 21 in those cases in which such support is presently active.  Under the proposed bill, "judgments and administrative orders entered before the effective date of this 2013 Act providing for support of a child shall continue to be governed by the provisions of ORS 107.108 (2011 Edition) if the child for whom support was ordered attained 18 years of age before the effective date of this 2013 Act."

    The proposed bill would bring Oregon into alignment with the majority of American states by allowing court-ordered child support obligations to continue for only so long as the child is either (1) under age 18 or (2) under age 19 and a full-time secondary school student.

    It is the belief of many Oregon family law practitioners that whatever perceived benefits are supposedly derived from ORS 107.108 as it presently exists, the dissension, inter family resentment, bitterness, emotional hostility, added expense, damage (and sometimes destruction) of parent child relationships that all too often results from the application of the statute does not justify its continuation in its present form.  It is time for the statute to be changed.

LAWRENCE D. GORIN
Attorney at Law
6700 S.W. 105th Ave., Suite 320
Beaverton, Oregon  97008
Phone:  503-716-8756
E-mail: 
LDGorin@pcez.com
http://ldgorin.justia.net/index.com