SUPPORT FOR ADULT CHILDREN ATTENDING
SCHOOL:
Notice to Parents and Adult Children
Oregon is one of the few states that allow the court to require divorced or separated parents to pay
child
support for 18, 19, and 20 year old children who are attending school or training programs.
This law
applies to never-married parents as well as to married-but-divorcing parents. The law
exists because Oregon legislators believe it is important to address the issue of a continuing
education for a child who does
not benefit from decisions made by an intact family. For more
information, refer to ORS 107.108
.
1. W h ich A d u lt C h ild ren Q u alify
The Court (or state Child Support Program) can order support for an adult child when a case
involving a
child support claim has been filed and all of the following is true about the adult child
who:
• Is unmarried;
• Is 18, 19, or 20 years old;
• Is m
aking satisfactory academic progress, according to the school or program;
• 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.
If the adult child’s school is on a regularly scheduled summer or other break but the child intends to
attend
school the next scheduled term and carry then at least a one-half course load, the court can
order child support to continue through that break and into the next term (and beyond, if continued
attendance is
planned).
2. How is the A m o u n t of S u p p o rt Determined
The amount of support, if any, is determined by considering many factors, including the following:
• The incomes of both parents;
• The existence and needs of minor children the parents may have, either jointly or
from other
relationships;
• Health care costs of the adult child and any other minor children involved; and
• Other circumstances affecting the resources or needs of the adult child, parents, or minor
children.
The support is not intended to meet all the financial needs of an adult child in school or training.
The
ordered support, if any, may supplement other resources the adult child may have. The law
does not
require parents to pay all tuition and related costs to the college of a child’s choice.
Parents and the adult
child agreeing on an appropriate amount of support for the college years is
the best solution, but if both
parents and the adult child do not agree, the court will decide.
One or both of the parents could be ordered to pay support. Unless the court finds good cause for the
support to be paid in another manner, the court must require that support for an adult child in school
be paid
directly to the adult child.
3.
What are the A d u lt C h ild ’s R ig h ts to P articip ate in th e L egal C ase
Because an 18, 19, or 20 year old child may have an interest in the support part of the case that has
been
filed, the law entitles that adult child to participate in that part of the case. This means that
an adult child is
entitled to NOTICE of each parents’ position about child support and the RIGHT
TO PARTICIPATE in
any hearings or other proceedings about the child support issue. The Court
will treat the adult child the
same way the Court treats a parent in listening to what each says on
this issue, even if the child’s position
disagrees with the parent’s. The adult child may hire a
lawyer if the child wants to take that step and can afford to do so. The law does not require a
court-appointed lawyer for a parent or adult child on this issue.
The adult child can waive (give up) his or her right to participate in the legal proceedings by
signing a
waiver such as the one provided with this notice. The child is free to not sign a waiver
and instead
participate in the legal proceedings if the child wishes to do so.
1/2016
If child support for an adult child attending school is paid through the Division of Child Support (DCS)
of the Oregon Department of Justice, information about reporting requirements and other rules is
available on the DCS website at www.oregonchildsupport.gov.
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF LANE
In the Matter of the Marriage of: )
)
________________________________, ) Case No. ______________________
Petitioner, )
) ACKNOWLEDGMENT OF SERVICE and
and ) WAIVER OF PARTICIPATION BY ADULT
) CHILD WHO IS A PARTY TO THE ACTION
________________________________, )
Respondent, )
and Co-Petitioner. )
)
Child/ren )
________________________________, )
Child who is at least 18 and under 21 years )
of age, unmarried and unemancipated )
(ORS 107.108) )
I declare that the following is true:
1. My name is and I am years old. I am the
adult child of the parties identified above as the Petitioner and Respondent. I am not married.
2. On (date), I received a copy of the (check one) Summons and
Petition Motion, Affidavit and Order in this case that includes a request that child support be paid (or
not paid) for my benefit.
3. My situation is the following:
IN SCHOOL NOW: (all of the following are true)
I am attending school (or a high school equivalency program or vocational training or the Job
Corps), and
I am carrying at least one-half of what my school or program considers a full courseload, and
I am making satisfactory academic progress, according to my school or program.
Or
ON SCHOOL BREAK NOW BUT WILL ATTEND NEXT TERM:
My school is on a regularly scheduled summer or other break, but I intend to attend school (or a
high school equivalency program or vocational training or the Job Corps) the next scheduled
term or semester and carry one-half of what my school or program considers a full courseload.
Or
SOMETHING OTHER THAN THE TWO SITUATIONS JUST DESCRIBED.
______________________________________________________________________________
______________________________________________________________________________
CHILD ACKNOWLEDGMENT OF SERVICE and WAIVER OF PARTICIPATION - Page 1 of 2
AckServWvAppearChildVer01.doc (6/2011)
4. I DO NOT WANT TO PARTICIPATE IN THE LEGAL PROCEEDINGS that will determine
whether and how much one or both of my parents should pay for my support.
5. I understand that my interests may not be the same as one or both of my parents. I know that if any of
my parents has an attorney, that attorney represents the interests only of that parent, not my interests. I
understand that I can hire my own attorney to represent my own interests.
6. I am not in the military service.
7. I am not incapacitated in a manner that limits my ability to handle my own affairs. No court has
appointed a guardian or conservator to protect me or my property.
I hereby declare that the above statements are true to the best of my knowledge and belief, and that I
understand they are made for use as evidence in court and are subject to penalty for perjury.
Dated this _______ day of ______________________, 20 _____.
_________
_____________________________ ______________________________________________
Signature Print Name
____________________________________________________________________________________________
Address or Contact Address City, State, Zip Telephone or Contact Telephone
If child support for an adult child attending school is paid through the Division of Child Support
(DCS) of the Oregon Department of Justice, information about reporting requirements and other
rules is available on the DCS website at www.dcs.state.or.us
CHILD ACKNOWLEDGMENT OF SERVICE and WAIVER OF PARTICIPATION - Page 2 of 2
AckServWvAppearChildVer01.doc (6/2011)
Confidential Information Form
Page 1 of 1 (Apr 2019)
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF
Case No: ______________________
Petitioner
and
CONFIDENTIAL
INFORMATION FORM
Amended CIF
Respondent
UTCR 2.130
Unmarried children age 18, 19, or 20 years old (per ORS 107.108)
Submitted by: Petitioner Respondent other:
Information about (name):
(first, middle, last) Petitioner Respondent other:
Date of Birth:
Social Security Number:
Driver License (Number and State):
Former Legal Names:
Employer’s Name, Address, and Phone:
Minor children of the parties:
1
Name:
Date of Birth:
Social Security Number:
Additional page attached
1
The names of parties and children, and children’s ages are not confidential. This form can only be viewed by the
party who files it unless the court orders otherwise.
