Portland, OR asked in Family Law for Oregon

Q: My daughter is a full time student who just turned 18. I would like to pay her directly. How do I accomplish this?

She lives 75% with her mother, my ex. I'm interested in knowing how to do this, and how much I will pay her directly and how much I will continue to pay my ex for her support. I don't really expect to have the total funding from my side change, but perhaps it will.

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2 Lawyer Answers
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: You can go back to court and get the support order modified to order the payments to be made to your adult daughter instead of to your ex. The Judge will have discretion to order the payments still be made to your ex and may consider continuing that payments being paid to your ex particularly if your daughter is living with your ex. You file a motion to modify the support and you will have to add your daughter as a party since she is over age 18. Be aware that your ex could respond asking the amount of support to be reviewed and your support cost could be increased so it might be wise to talk to an attorney about this first before charging forward.

1 user found this answer helpful

Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Beaverton, OR
  • Licensed in Oregon

A: If your case is already handled by the state of Oregon, your daughter will receive a proportionate share of the support you pay if she submits the necessary paperwork to prove she is a child attending school. For example, if you pay support for two children and your judgment does not state that the amount of support that is paid is per child, she will receive 50%. Your daughter is an adult and can also instruct support enforcement to discontinue enforcement services on her behalf (or she can simply not complete the necessary paperwork). If you also have a support obligation for other, minor children, this may not change the amount of support you are ordered to pay to your former spouse.

The amount you pay your adult daughter directly should be based upon the agreement the two of you reach, and should be determined based upon her likely school-related expenses and your ability to pay. If she is the only child for whom support is ordered and she no longer wants the state to enforce the obligation, your child support obligation is suspended but could be reinstated upon her request if she qualifies as a child attending school.

1 user found this answer helpful

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