Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9823
Loc: Arkansas
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If I was ready to jump into this with both feet, no reservations, I'd stop paying the support and set it aside in a separate account. I'd go to court fully prepared to release the money but would argue my case full force. For me, even if I lost, the satisfaction would be 'daughter, you can't screw me and expect me not to fight.'
Otherwise, just be glad it's only 2 more years at most.
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Eternity is too long to be wrong.
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2moreYears
recently joined
Reged: 03/20/13
Posts: 5
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@BeachBabeRN
Maddening, isn't it? When I talked to the CSED folks, they say there are basically no consequences for her not fulfilling her end of the deal aside from suing her. This is what I mean...the State of Oregon not only enables but ENCOURAGES these "kids" to be deceptive and lie by omission. There is NO accountability! This is a lose/lose situation!
And yes, the ONLY way we can recoup those months of child support we paid when she was NOT eligible is to sue her. The State of Oregon just shrugs it off and says that we have to sue the kids...?! What parent wants to sue their child?! That doesn't sound very good for familial relations, does it? Seems like the only thing a lawsuit (no matter how legitimate) would only serve to completely sever ties between the child/obligor. I sincerely believe ORS 107.108 is causing a whole lot of families unnecessary resentment, anger, frustration, and financial hardship. The original intent may have been well-meaning, but it certainly wasn't thought out very thoroughly.
@Avaya
I like your idea of fighting it in court and just putting the money aside, however, the State of Oregon automatically garnishes wages for child support. It doesn't matter if you pay on time every time. Fortunately, my husband is self employed so they can't garnish his wages BUT if he gets behind 3 months they 1) Have his license suspended and 2) RUIN his credit. Kind of a "guilty until proven guilty" concept.
UPDATE: We received notification from the "child" that she re-enrolled in a community college in mid-January. (She doesn't have to provide proof of grades or enrollment to us, she just has to send us notification within the 30 day timeframe of our objection that she is going to school or "intending" on going to school. PROVING that she is enrolled and that she is making "satisfactory academic progress" is OUR responsibility. And since we are still waiting for a response from the community college, we are still on the hook for "child" support. And here's a good one...according to CSED of Oregon "satisfactory academic progress" USED to mean a "C" average, but no more. Now it can simply mean going from an "F" to a "D". The State of Oregon considers that [i]satisfactory progress[/i]!) But I digress. So, even though she is entitled to "child" support for January and February, she was NOT eligible in December. I've been thinking about sending her a letter pointing out this fact to her and asking her to either reimburse the $726 she received in December (when she was NOT eligible) or letting the state know she is waiving one month of child support or telling her it is within our rights to sue her for this amount. Maybe just sending her a threatening letter will make her feel accountable and cause her to do the right thing. Ugh! Why should this even be an issue?! Why doesn't the state REQUIRE these "kids" to turn in documentation every month?! No documentation, no money. Plain and simple. It would sure save a lot of grief, bitterness, and hostility!
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rebelwords
recently joined
Reged: 05/08/13
Posts: 1
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ORS 107.108 may be repealed by proposed SB 341. I'd recommend writing to legislators and sharing your experience and endorsement of the proposed senate bill.
[censored]://tinyurl.com/dyvsurt
Here's a list of the legislators on the judicial review for this proposed bill:
sen.floydprozanski@state.or.us
sen.betsyclose@state.or.us
sen.jackiedingfelder@state.or.us
sen.jeffkruse@state.or.us
sen.arnieroblan@state.or.us
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