Eugene, OR asked in Family Law and Child Support for Oregon

Q: My husband has been alienated from his son for the last 16 years. His ex did everything possible and seemingly

impossible to keep him from his son going so far as accusing him of molesting his son at 5 years old. His son is now 21 and has reunited with his father. What he has found out is horrendous. Not only was his son "homeless" at the age of 15 he has not been in contact with her for the last 6 years. My husband being unaware of this continued to pay child support through the Oregon support board until his son turned 19. At that time he petitioned the support board to stop the support. Is there any law that would allow my husband or even his son to sue the ex for the child support that the child never received?

Did the mother have any legal responsibility to let the courts know that the child was not living with her and to pay the child support to whom ever was taking care of the child.

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: First of all, child support is only payable to the parent, it is never payable to the child with the exception that the court can order the support payable to an adult child age 18 to 21, but unless ordered it remains payable to the parent. Second, you can't retroactively modify child support as a general rule. So what is already due is still due.

If the son was living with the father full time during the child support period and there is still a balance owing, there is a way to apply for credit against the child support still owing for the time that the son lived with the father full time. Absent that particular circumstance I don't see any other mitigation remedy.

Your husband had avenues to still be in contact with his son during the past 6 years had he chosen to exercise them. The courts to not cut off parents from seeing their children even if there are unproven allegations of molestation. The court may institute supervised visitation but won't cut off the parent from the child completely. So you husband's lack of information as to what was going on is partially his fault for not aggressively pursing his rights to see his son or at least have phone contact.

The bottom line is that child support is payable as ordered until an order is modified by the court. Each party has to be vigilant as to the situation and file for a modification when it is appropriate. You can't fix it after the fact, with the exception of the credit I mentioned above when the child was actually living with the payor for an extended period of time.

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