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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
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in my stipulated supplemental judgment, 3. CHILD SUPPORT.

Customer Question

in my stipulated supplemental judgment,
3. CHILD SUPPORT. (a)The Father shall pay to the Mother $700 per month, until further order of court. The support obligation shall continue beyond the age of 18 and until the minor child reaches the age of 21 years of age, if the child is attending school as defined in ORS 107.108(4). but my ex sent me an email saying he will pay $700 to my son directly when he turns 18 this July. What should I do? My son lives with me full time.
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.

If your ex paid your son directly, he would be in violation of the court order. Therefore, you could file a contempt motion against him (some states call it an Order to Show Cause) and ask the court that he be sanctioned for failure to abide by the judge's orders. A judge has wide discretion as far as what they impose in sactions, but it can be a stern warning, an order to pay your attorney fees for having to bring a motion, and even jail time, though that would normally be reserved for repeat violations.

You may want to politely make your ex aware that if he does pay your son, regardless of whether he pays him the full amount, you will file a motion with the court seeking to have him held in contempt. You cannot file it now, because he hasn't yet violated -all you can do is warn him of the potential consequences of such action.


RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 10260
Experience: Experienced in multiple areas of the law.
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Customer: replied 1 year ago.

 


My ex sent me an e-mail that saying he will pay the child support directly to my son from July 2013 because my son turns 18 on 7/11/13. I thought that he is breaking the law and went to the court today and asked to family law assistant about this. she said my ex can give the child support directly to my son even if he lives in my place. I have gotten the answer from your site that saying it is breaking the law. Which one is right???


Do I have to pay 1/2of his college costs? can my ex take me to the court and make me pay my son's college costs or support after my son turns 18? If I don't pay, can my ex put a lien against my house for the support money for my son? I make a little over $ 10000/year.

Expert:  RobertJDFL replied 1 year ago.
Is this in Oregon?

Different laws apply to different states with respect to child support and college.

In Oregon, a court may provide for the support of a “child attending school” anytime during or after a divorce. To qualify, the child must be 18-21 years of age, unmarried, enrolled at least half-time at a school, community college, college, university, or regularly attending professional vocational or technical training, and must be making satisfactory progress as defined by the school.

 

Additionally, once a child qualifies as a “child attending school”, child support must be paid directly to the child unless the court orders the money to be distributed otherwise. The child may use the child support at his or her discretion. This means that the child is not required to use the money to pay for tuition, books and supplies, but rather can use the money however he or she best judges that it should be spent.

Not every state does it like this, so if your child were enrolled in school at least half time by August and progressing through school (i.e., he continues to maintain his grades), Oregon says that the money should be paid directly to your son in that instance. My apologies for the incorrect information earlier.

Now, as to paying for college, does your order actually say that you have to pay for college? Unless one or both of you are ordered in the court order to do so, neither one of you has an obligation to contribute to the costs. Could your ex petition the court and ask that you pay? Yes, but generally, it is very rare that a court would make a parent pay for college tution or other costs -it would have to be a situation where for example a child may have to drop out because they otherwise cannot afford to go, and a parent has the financial means to pay.

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