My son will be turning 18 in 2010 so our support order will need to be modified so that support begins going to my son. The DA's office is handling the administrative element of the order and tells me that I can modify either judicially or through the DA's office. If I go through the DA's office, I will have to wait until my son turns 18 (the event has to have happened... can possibly file one month before) and will take about 6 months before the modification takes effect. I was also told that they will re-calc the incomes of both parents on current salaries, or potential salaries.

Even though my ex was unemployed at the time we stipulated to a new Custody and CS Order, he agreed to imputing his income to just $38,000, which is what he earned at his last position. However, when my (previous) attorney questioned him in deposition about his education, ex boasted he had two degrees. I believe my attorney was trying to set ex up to confess to higher earning potential. Based on what I was told about modifying through the DA's office, this could potentially decrease the CS ex receives (I am the obligor) if they determine ex is capable of earning more than $38,000.

It's my understanding that as long as a child age 21 and under is attending school, once they turn 18, the prorated share of support is redirected to the child, rather than continuing to go to the custodial parent. I just want to be sure I time the request appropriately so this takes place when my son turns 18 (or as close to that date as possible.)

What are the primary differences between modifying through the DA's office as opposed to modifying judicially?

If I file judicially, can/do I file 6 months in advance of the event? Or would I wait until two months before the event? (typically the amount of time it takes the courts to set a hearing date when a motion to modify has been filed.)

If I file judicially and my ex contests the request to modify, would there be a hearing? Evidence? Testimony? (he is still not working and it's been nearly a year since his last job.) I don't mind paying support but I WOULD mind getting an increase because ex refuses to work.


Thanks!

Im a bit confussed. Child support is for the child's welfare not for the child directly. Where are you getting this ? Also does your child support order go beyond 18 and graduated high school ?

Oregon provides for child support through the age of 21, so long as the child is enrolled in school. Once the child turns 18, the support order needs to be modified so support goes directly to the child; not the custodial parent. There's also a modification to the obligee, setting support to Zero for the child who is turning 18 (if attending school - 21.) In my case, ex will still receive 50% of the support he's receiving now, as we also have a 15 yr. old daughter. Typically, support for the "child attending school" is a prorated share of the support ordered prior to their 18th birthday. Thus, two children - son would get 50% of current amount and ex would get the other 50%.

It is here: Division of Child Support - Child Support Rules

Specifically - 137-055-3485
Establishment or Modification When Child Approaching or Past 18th Birthday
Division of Child Support - Child Support Rules

So all this tells me is that the "administrator" (in this case - the DA's office) will allow up to one month prior to the child's 18th birthday.

I am not clear about what is allowed if I do this judicially though.

The section you cited says nothing about support being redirected to the child. I glanced through the statute and didn't see anything stating that support will be redirected at 18. In fact, it specifically says that support payments are paid to a state agency who forwards payments to the assignee.

Scott - I'll need to find where it says the payments go directly to the child, as I am certain of this. My attorney had told me this, as well as the DA's office. Weird... but that's Oregon for you :)

Here is another thread that talks about this. Check out Bryanfogle76's comment

https://www.askmehelpdesk.com/family...on-104584.html

Are you the support payer or recipient?

I'm the payer.

The "trap" about this setup is that if I don't time the request for modification just right, I could end up paying double for the child who turns 18. Any party on the order can file for a modification (that is: Non-custodial parent, custodial parent or child attending school.)

I've been told that until the order is modified, the recipient would continue to receive the support after the child turns 18. But once the child is 18, they are entitled to the support coming directly to them. So in effect, the payer would continue to have payments withheld from their payroll but also be accruing arrears to the child.

This is why I want to be sure of the timing and the differences in timing of filing through the DA's office vs. Judicially

Yes - the assignee is changed in the modification. The 18 yr old would become an assignee in the modified order. This is what I've been told by the DA's office.

But, if you are the payer, unless you are seeking a modification of the amount being paid it's a moot point for you. You still pay the state. Its up to the recipient to be concerned whoo the assignee is.

I agree... to a point. But the caveat to this setup is that if it does not get modified to change the assignee to my son, my son is entitled to the prorated amount once he turns 18 - regardless of what his custodial parent receives on his behalf.

I want to be sure my son is getting the money directly when he turns 18. More than likely, his dad will just charge him "rent" which will be up to them how they want to do things. But when my son leaves home, he'll already be getting the support, and won't have to ask his dad for it.

Additionally, when my son leaves home for school, the order can be modified so that his dad (the custodial parent) is also ordered to send our son support. It's not just the custodial parent who continues paying until the child reaches 21.

Right now all of this is a moot point until your son actually declared that he will be attending school and have a plan in place for attending an institution of higher learning. He will also have to demonstrate that he has been accepted. Its not a make a wish program. There are very strict rules. He is the one that's going to have to move on this modification first not you. When he lays out his plans and has his acceptance letters in hand then ALL of you will be attending court to have any of this approved.

Your way out front on this. Child support ends at 18 in Oregon. The 107.108 has very strict rules and only applies if its in there in the first place.

Is it in your original documents from the court when you got your orders of support ?

As of right now its not even your call to do anything about it till it comes up or expires.

My son will still be attending high school when he turns 18. He'll be 19 when he graduates. He was held back in the 1st grade so he's a year older than his classmates.

I don't think I'm way ahead on this; I just need to know whether I file 6 months before he turns 18 or one; or even two months before. Believe me... Dad isn't going to do it and he sure isn't going to tell our son that he's entitled to the support check after his 18th birthday.

Anyone of the three parties (myself, ex or son) can file for modification. I've been told this by attorneys, DA's office and the child support office (state.)

Once my son turns 18, he'll have to show that he's earning acceptable grades at school. This will need to be done every trimester and submitted to the child support division. I'm trying to stay on top of how this is supposed to get done.

From what I've read, if son doesn't file the paperwork on time, the state will send several reminders to him to give him a chance so that he does not lose support. After that, if he still doesn't complete the paperwork, they can make the decision to terminate support. I'm not looking to have this happen.

From Oregon Chapter 107.108

(5)(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 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.

...

6)(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, 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.

There's more stuff, of course... but it still seems to me that support will continue when my son turns 18, but he will collect it directly (or through the state to him if he chooses).

What your missing is that he may not get the support money like you think if he is living at home. That's NOT an automatic thing. I read through that section of law 107.108 and its provisions. Im not sure what your really trying to accomplish with all this. If it a matter of getting your son some pocket money then Id let it expire and send it / give to him directly. If your worried how he is going to pay for his education and you think you can force the custodial parent to pay for it that's not going to happen. The provisions state that the custodial parent MAY NOT ( TBD ) be ordered to pay suplemental support.

If the son doesn't file then this whole thread is for naught. You can explain it to him etc and get him the paperwork but its still up to him to give the written notice etc. Plus sign the documents giving you access to his school records.

There is a lot more to it then just filing with the courts. Yes any party involved can request a modification but first your son has to act in primary fashion.

Okay... I see what you're saying. (I think)

Sounds like the current order will expire when son turns 18 - unless he files paperwork to extend support through at least high school graduation.

With respect to my comments about the custodial parent also being ordered to pay, I was describing a situation where our son was going away to college; not living at either parent's home.

Also, talking about giving my son pocket money; from what I understood from the DA's office, if the order is reinstated for an adult child attending school, I could be ordered to pay arrears, if there is no record of payment. So giving money off the record might not be a good idea.

Anyway - as you say, I'll be paying support at least through the end of son's high school graduation. Who the recipient of son's share is will depend on my son taking the intitiative to file all the necessary paperwork.

Thanks for the second set of eyes! :)