Title 107 · ORS Chapter 107

108.110, 109.103 or 109.158 in which the child�s parents are parties and the court has authority to order or modify support for a child attending school; and ����� (b) May request notice of any proce

Citation: ORS 108.110

Section: 108.110

108.110, 109.103 or 109.158 in which the child�s parents are parties and the court has authority to order or modify support for a child attending school; and

����� (b) May request notice of any proceeding initiated by the administrator to modify a support order that may affect the child�s rights as a child attending school. To receive notice, the child shall provide an address to the administrator, and the administrator shall notify the child of any modification proceeding by regular first class mail or, if authorized by the child, by electronic mail or other electronic delivery method as described by the administrator by rule. To be a party to a proceeding, the child must send a written request to the administrator within 30 days after the date of the notice of the proceeding.

����� (5)(a) If a support order provides for the support or maintenance of a child attending school and the child qualifies as a child attending school, unless good cause is found for the distribution of the payment to be made in some other manner, support shall be distributed to the child if services are being provided under ORS 25.080 or shall be paid directly to the child if those services are not being provided.

����� (b) Unless otherwise ordered by the court, administrator or administrative law judge, when there are multiple children for whom support is ordered, the amount distributed or paid directly to a child attending school is a prorated share based on the number of children for whom support is ordered. However, if, due to a parenting time or split custody arrangement, support was not paid to the parent having primary physical custody of the child before the child turned 18 years of age, support may not be distributed or paid directly to the child attending school unless the support order is modified.

����� (c) The Department of Justice shall adopt rules to define good cause and circumstances under which the administrator or administrative law judge may allocate support by other than a prorated share and to determine how support is to be allocated in those circumstances.

����� (6)(a) For support payments to continue to be distributed or paid directly to the child attending school, the child shall provide to each parent ordered to pay support and, if child support services are being provided under ORS 25.080, to the department:

����� (A) Written notice of the child�s intent to attend or continue to attend school. The child shall provide the notice before reaching 18 years of age. The notice must include the name of the school and the expected graduation date or date when the child will stop attending classes. If the child changes schools, the child shall provide the information required by this subsection concerning the subsequent school before the expected graduation date or date when the child will stop attending classes at the previous school.

����� (B) Written consent that:

����� (i) Is directed to the child�s school and is in a form consistent with state and federal requirements that restrict disclosure of student records;

����� (ii) Gives the school authority to disclose to each parent ordered to pay support the child�s enrollment status, whether the child is maintaining satisfactory academic progress, a list of courses in which the child is enrolled and the child�s grades; and

����� (iii) States that the disclosure is for the purpose of permitting each parent to verify the child�s compliance with the requirements of this section.

����� (b) The child shall provide the written consent form described in paragraph (a)(B) of this subsection within 30 days after the beginning of the first term or semester after the child reaches 18 years of age, at the beginning of each academic year thereafter and as otherwise required by the school to disclose the information under this section.

����� (c) If an order of nondisclosure of information has been entered concerning the child under ORS