Portland, OR asked in Child Custody and Child Support for Oregon

Q: I've lived with my mother since I was 15. She still pays child support to my father who fled country. What can we do?

Long story short I (the son) use to live with my father when I was a child and he received child support for me from my mother. When I was 15 he fled the country to Mexico and I moved with my mother after he did. I am now nearly 28 and my mother still gets child support taken out of her pay checks. We are not sure where these checks even go to. What actions can we take so this stops?

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

A: Your mother is the person with legal standing to deal with this. She need to get an attorney to assist her and figure out if the payments are for money owed because she didn't pay the full amount of the child support when it was originally due and payable to your father for the time you lived with your father (arrerage) or if the money is owing for the time you moved in with your mother in which case she can move the court to give her credit for having cared for you when you moved in and that will cancel the support obligation for those months. Child support in Oregon ends at age 18 unless the child is a full time student in which case it ends at 21. There should not be any new payments owed for child support after your 21st birthday so the current payments are either a mistake or payments for back support still owed. As I said before she needs to hire an attorney and figure out what is wrong and get it fixed.

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