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Child support while in college-grades not available to paying parent

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What is the name of your state? Oregon
The custody agreement provides for support money to my daugher who resides with her mother. I have made all payments on time but am now concerned that my daughter may not be attending college or taking the required amount of courses or getting passing grades. The custody agreement states that payments shall be made as long as child is attending school as defined in Oregon Revised Statutes. The child is also supposed to notify the Dept. of Human Resources and the obligor if there is a change in the childs status as a child attending school. Oregon Statute 107.108 states that a child must maintain the equivalent of a C average or better.
Shall sumit to the Dept. of Human Resourses and the parent paying support,on a form developed by the Dept,all necessary information necessary to establish eligibility to receive support under this section,including grades erned and the courses in which the child is enrolled. The shild shall submit the information required by this paragraph within the first month of each term or semester.

If the child fails to comply with any of the requirements imposed on the child by this section and upon written notice from the obligor,the distribution of the support directly to the child ceases and may not be reinstated unless the parent paying support elects to continue to pay the support and notifies the Dept in writing of this election.......etc..etc.

The child has finished the first term of her college and received her grades over a month ago. She has not informed the obligor of any of her grades,in writing or of her intentions to continue her college education. Her mother told the obligor that she had passing grades on several subjects and that she was enrolled in college for the next quarter. Letters from the College admissions office stated that she is not registered for the winter term and the deadline is past.

The obligors attorney told him that he still has to continue to pay the support money even though the child is not registered for school and has not provided proof of her courses and grades.
The attorney stated that if the obligor still has not heard by February 5th,then he can use the procedure provided by Oregon Statues.

My question is :
It appears to me that the child is already delinquent in complying with the statute where the child did not submit proof of eligibility to receive support,i.e. provide grades and courses enrolled in within the first month of each term or semester.

Is my interpretation of the Statutes flawed or has the attorney given the obligor bad advice.




If things are the same as in Oregon as they are here, Winter term is not a regular session. We have Spring and Fall semesters. Winter term, or Winterim as it is called here, is an extra term where a student can take no more than 4 credits anyway and it is not covered by most student aid therefore is not required.

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