Q: Hi, Can legally disown my adult son in Washington County Or.? I wish to cut all legal/financial support ties with him!
He has put us through absolute hell. This SOB is no longer my son to me! I do not want him to be able to contest my will. I do not want to have to pay him child support as he claims to be a child attending school. There is a support order to pay him, but he's technically not attending school yet. We have not spoke since Feb., when I had him arrested for physically attacking my wife,(his step mom) (causing injuries) for taking his drugs from him. He was charged with battery. After the absolute hell he has put us through for 3 years, that was the final straw! We put him in rehab again and ordered him not to come near us ever again. He's back down with his mother in Albany Or. It was a battle to get her to take him back because he's such a POS. I agreed to the support to keep him from trying to come back here to mess with us even more. He's had 3 felony convictions for drugs and theft before he was even 18. He aspires to be a gang banger, and a hacker! You can probably sense my disdain?
A:
It is fairly easy to create an estate plan that will completely disinherit your son. You just have to go and see an attorney and pay for the estate planning.
The child support can be discontinued if you prove he is not attending school or he is not successfully completing enough credit hours and maintaining a decent grade point average that he meets the minimum standards of academic achievement at his school. Here is the statute that defines the academic requirements to qualify as an adult child attending school: https://www.oregonlaws.org/ors/107.108. The statute also discuss on how to seek a termination of support but you might want to get an attorney to help you. You can go to court to request the termination or modification of the support order. I suspect, if the court isn't willing to terminate the support, you could ask that the support be paid into something like a trust to be used solely for your son's education and not any other purpose, possibly be refunded to you if your son doesn't complete his stated school objectives. This is my own novel idea but it does have some legal authority as the court can create a guardianship or conservatorship for a person who is suffering from substance abuse to the extent that they can't manage money.
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