In its 2005 legislative assembly, the Oregon Legislature enacted Senate Bill 1050. The bill made some significant changes to ORS 107.108, the statute which provides for continuing child support for children between 18 and 21 who are attending school.  The changes became operative on September 1, 2005 and apply to all child support orders that currently contain provisions for a “child attending school”.  That’s right, it applies to every child support order, not just the ones that were entered after the new statute became effective.  A full understanding of what all the changes mean requires reading the bill carefully.  However, to save time, and in hopes that readers will stay awake during the remainder of this article, some of the highlights of the bill are described below.

It used to be that a “C” average was the bar that all unmarried, unemancipated children between the ages of 18 and 21 could count on to keep them in the money.  Senate Bill 1050 changes that requirement to require the child to be “making satisfactory academic progress as defined by the school that the child attends.”  Whether this lowers or raises the bar for the child now depends on the learning institution he or she attends.  Keep in mind, “school” under the statute not only includes four year institutions, but also, vocational schools, high school completion programs, and even home schooling.  A note from home stating that the child is “making satisfactory academic progress” could potentially be all that is needed to continue a parent’s child support obligation.
           
Even if a child does flunk out of school, he or she still has rights under the new amendments.  Every child between the ages of 18 and 21, regardless of whether he or she qualifies as a child attending school, is now a necessary party to a judicial proceeding in which the child’s parents or the Court has the authority to order or modify support for a “ child attending school.”  Further, the new bill now affords the child the specific rights to apply for services under ORS 25.080 (the bill which designates the powers and duties of the Division of Child Support), request judicial or administrative modification of the support award, and as a necessary party, to receive notice and have the right to participate in legal proceedings that may affect the child’s rights.

The new bill also requires children to provide written consent allowing each parent to obtain information directly from the school regarding the child’s enrollment, grades, current standing, and course load.  While this may increase direct accountability, it is actually easier on the child than the old requirement, which required the child to report to the Department of Justice and the parents within the first 30 days of each Semester.  The technical requirements were sometimes difficult if not impossible for the child to comply with.  The change in the reporting requirement also prevents children from enrolling just to obtain child support and then dropping out.  Under the old law, a parent would not necessarily realize that their child was no longer enrolled until the next reporting period.

The Senate Bill brings other significant changes.  It allows children who have lost their “child attending school” status to become reinstated once they again meet the requirements.  It also gives the Court power to order the payment of child support into a higher education account in lieu of traditional child support.  This may provide tax advantages for parents who wish to set up a college fund for their kids.  Also, money from such a fund may be used only for a list of qualified expenses and may be set up so it is not directly distributed to the child.  This may help focus child support money for a “child attending school” on school related expenses only.

The full text of Senate Bill 1050, and further discussion of the effects of the changes to ORS 107.108, can be found on the Oregon Division of Child Support Website at http://dcs.state.or.us/.

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