College Funding in Oregon Divorce Media:tion: Mediator Matthew House, J.D.
What is child support for adult children in Oregon? Oregon law (ORS 107.108) provides that children (age 18-20) of divorced parents are entitled to child support if they are attending school and meet certain statutory requirements.
Why it Matters: If at least one child of your marriage or relationship is 18-20 years of age and meets the criteria for a child attending school as defined by ORS 107.108, the Oregon Child Support Guideline Calculator worksheet must be completed and included in your divorce paperwork. If you also have one or more minor children, the workshet will include the minor child(ren) and the adult child(ren) on the same worksheet.
Common Mistakes or Oversights:
How Matthew Can Assist You in Mediation:
What to Prepare:
Note: If you agree that spousal support will be paid by one party to the other party, the amount of the spousal support payments will factor into the calculation of child support, so Matthew cannot perform an accurate calculation of child support until it has been decided whether or not there will be spousal support in the case.
Why it Matters: If at least one child of your marriage or relationship is 18-20 years of age and meets the criteria for a child attending school as defined by ORS 107.108, the Oregon Child Support Guideline Calculator worksheet must be completed and included in your divorce paperwork. If you also have one or more minor children, the workshet will include the minor child(ren) and the adult child(ren) on the same worksheet.
Common Mistakes or Oversights:
- Some people believe that child support for college students continues to be paid by one parent to the other parent, but that is not so. Adult children receive the child support directly.
- If you have a 529 Plan or other college savings account, Matthew will ask you some additional questions about the source of the funds and the extent to which they can satisfy the child support obligation.
- Even if you have tentatively agreed that you will handle the child(ren)'s expenses informally and do not wish to exchange child support, you must still complete the child support worksheet.
- The child support calculation provided by the worksheet is not absolute. It is a presumptive amount using the state's formula, but it is only a guideline. It can be modified by agreement. Further, you can include stipulations in the Marital Settlement Agreement that child support will be paid for longer or in a greater amount than what would be required by law.
- Many people have difficulty using the Oregon Child Support Guidelines Calculator website correctly. Matthew can do it for you.
- There are important facts that many people do not know about the Free Application for Federal Student Aid (FAFSA), which can cause problems for divorcing parties and for the children of divorced parents if not anticipated.
How Matthew Can Assist You in Mediation:
- Matthew will help you avoid the above-listed mistakes and oversights, and he will compute the guideline child support amount for you.
- Matthew will explain how these requirements may apply to your case.
- Matthew will suggest other expenses that you may wish to consider allotting in your agreement on behalf of your children.
- Matthew will meet with your adult child to explain his or her role in the process and the form that she or he will be asked to sign.
- Matthew will discuss with you some FAFSA tips. He will help you sort out how best to structure the child support and the ownership of any college savings accounts or 529 Plans that you may have so that your child is in a better position, if possible, for college financial aid.
What to Prepare:
- Each party's gross income from all sources
- Each party's union dues, if any
- The childcare costs, if any, paid by each party
- The health insurance premiums paid by each party for his or her individual health insurance
- The health insurance premiums for the child(ren), which are usually paid by one party
- A retired or disabled parent's Social Security or veterans' benefits paid to a child or on a child's behalf
Note: If you agree that spousal support will be paid by one party to the other party, the amount of the spousal support payments will factor into the calculation of child support, so Matthew cannot perform an accurate calculation of child support until it has been decided whether or not there will be spousal support in the case.