Children at least age 18 and under 21 who are attending school may be entitled to receive child support payments from their parents if there is a current Oregon support order.

Child Attending School Requirements

The following requirements (as defined in ORS 107.108 » and OAR 137-055-5110 ») must be met before the Oregon Child Support Program can provide services:

1. There must be a current child support order or judgment providing for the support.
2. Judgment must not be fully satisfied in the court records.
3. Child must not be emancipated (married, active military, or legally emancipated).
4. Child support order or judgment providing for the support of the child must have “child attending school” or ORS 107.108 » language.

Laws about adult children attending school are different for each state, and not all states allow for support to continue after the age of 18. Eligibility for continued support depends on the laws of the state where the child support order was originally created. This is true even if Oregon has revised or modified the other state’s order. If your order was created in a state other than Oregon, and you need to see that state’s requirements, please go to the Intergovernmental Reference Guide ».

Child Attending School Support Orders

Child Attending School FAQs

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Can support continue after a child turns 18?

Yes, most Oregon child support orders include support for children who continue their education after turning 18. If another state issued your original support order, it depends on the laws of that state. You will need to review your specific child support order.

What should I do for child support to continue under my Oregon order?

If your order has Child Attending School provisions and the child plans to continue in school, the child must follow the instructions on the section above under "Apply for or Modify a Child Attending School Support Order." To qualify as a Child Attending School, the child must:

• be enrolled in school at least one-half time, as defined by the school.
• make satisfactory academic progress, as defined by the school.
• notify us and the paying parent(s) of the child’s intent to attend school.*
• consent to the release of information by the school to the paying parent(s) regarding the child’s enrollment status, academic progress, class schedule and grades.*
• tell us and the paying parent in advance of changing schools.

*If the Oregon Child Support Program has entered an order for non-disclosure, the child will send any required documents only to us.

Does support continue during regularly scheduled breaks from school?

Support continues during regularly scheduled breaks if the child intends to return to school the next term or semester.

When does support stop for an Oregon order?

Support ends when the child:

• reaches 18 years old, or up to 21 years old if child qualifies as a Child Attending School.
• marries.
• is otherwise emancipated (usually through a court finding).
• fails to respond to an objection from a paying parent.
• fails to provide required information (written notice of intent to attend or continue to attend school; school authorization to disclose information).
• provides written notice they no longer qualify as a Child Attending School.
• reaches the date they told us they planned to graduate or stop attending school and did not provide written notice they planned to continue in school.

What if a child is not enrolled at least one-half time or stops making satisfactory academic progress?

• The child should immediately notify us and the paying parent(s).
• A paying parent can file a written objection. The child will have 30 days to prove they qualify as a Child Attending School. If the child does not respond, or does not qualify, we will suspend the child’s support.

I'm a Child Attending School and my support order was suspended. How can I start support again?

You must complete the steps described above to qualify as a Child Attending School.

Can a child between age 18 and 21 in Oregon Youth Authority custody qualify for support as a Child Attending School?

Although we do not collect support on behalf of OYA, depending on the terms of your order, support may be due directly to a child between the ages of 18 and 21 if they are in school. You can find information about child attending school requirements here. Contact the Oregon Child Support Program’s Child Attending School team at 503-986-5137 or CAST@doj.oregon.gov to determine the appropriate next steps for your case.

 

What if I think I might have a safety risk?

To learn how to address safety risks in the child support process, visit the Confidentiality in Unsafe Situations page.

How can I get more information?

For more information, you may call the Child Attending School team during business hours.

Child Attending School Team

Division of Child Support
Oregon Department of Justice
3210 Del Webb Ave NE
Salem, OR 97301

Phone: 503-986-5137
Fax: 503-986-0543
TTY: 1-800-735-2900

Email: CAST@doj.oregon.gov