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Rebecca Dougan

Rebecca Dougan’s Answers

8 total

  • Do i have to go back to the state where my child was born to do court if thats where the non custodial parent is?

    the father is in hawaii and i am in oregon with my daughter. i have been here for 10 months and he has not been here once! he now wants "rights" to see here. i never said he couldnt in fact i encourage him to come as often and as long as he possib...

    Rebecca’s Answer

    Both Oregon and Hawaii have codified the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The answer to your question depends on whether that has been a legal (court) determination of custody in either state. If there has not, then the state where the child has resided for the last 6 months is the childs home state and that is the state that has jurisdiction over the custody matter. So, if there no court order for custody, Father must file in the state where the child has resided the last 6 months.

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  • Under what circumstances do I have to pay child support after my child turns 18 ?

    My son is attend college but not keeping up grades and now wants to go to a Community College - Am I obligated to keep paying child support?

    Rebecca’s Answer

    This depends on what you mean by "not keeping up his grades". Unfortunately, the standard used to be more clear in Oregon in that a child attending school had to maintain a "C" average. However, the current standard is that the child attending school has to be "making satisfactory academic progress as defined by the school that the child is attending." So, you need to contact his school. You also need to provide your son with a 30-day written notice of your intent to stop paying child support due to him no longer qualifying as a Child Attending School (due to not making satisfactory progress) before you stop paying support.

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  • I have sole custody of my son who has been diagnosed with ADHD, can his father refuse to give him medication?

    I have sole legal custody and care of my son. He has recently been diagnosed with having ADHD. His doctor started him on a trial of Adderall. When I told his father about this he absolutely refused to give him his mediaction over the weekend when ...

    Rebecca’s Answer

    If you have sole legal custody of your son and the father is refusing to give the child medically necessary medication, then that could possibly be a reason to withhold parenting time -- unless there's a less restrictive way to give your son his medication. But, before doing this, I would suggest meeting with an attorney to review your custody judgment and give you a more in depth analysis.

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  • How do i find out who has sole custody of my son? he lives with his dad and i pay child support.

    my son wants to live with me. his dad smokes pot and has a criminal background. i have /do neither. his dad refuses to let my son live with me eventhough his dad is always working and our son is being raised by his stepmom. my son doesnt need to b...

    Rebecca’s Answer

    If the smoking pot and criminal activity has occurred since the initial or last custody determination, then you may be able to establish there has been an substantial change in circumstances that affects the custodial (assuming father has legal custody) parents ability to care for the child. Once that has been established the Court will look to what is in your child's best interest to determine who should have legal custody of your son.

    I would suggest seeing an attorney for an initial consultation to give you advice as to whether filing a Motion to Modify Custody is appropriate and/or a motion to modify your parenting time (modify father's and restrict drug use).

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  • What would it take to change the 18-21 child support for an adult attending school? In real life parents have an option.

    What would it take to change the 18-21 child support for an adult attending school? In real life parents have an option.

    Rebecca’s Answer

    If you are asking how do you modify your support obligation, then you contact the Oregon Department of Justice (if either parent has ever received TANF) or the local support enforcement division of your local district attorneys office. If you question is why do divorced/ unmarried parents of children 18 to 21 have to pay support the answer is because there's an assumption (that has been made by the Courts), that married parents will work together and will or are more likely to continue to support their children after high school.

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  • Once a child turns 18 and is considered "A child attending school", can I have support payments stopped during the summer?

    I pay support to a child who will be turning 18 before he graduates from high school in 2010. I know I can have the payments given to him directly at 18, but I want to know if he does not go to school until after the summer am I still required to ...

    Rebecca’s Answer

    Yes, you have to pay during the summer months if he plans to attend school in the fall (pay during any regularly scheduled break).

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  • Child support from my parents when I turn 18?

    I am 17 and I've been living with my dad (in OR) for the past five+ years. Can I get child support at 18 from my mom and not my dad? My mom makes a lot less than my dad, but has never paid for my education in high school and I go to an expensive (...

    Rebecca’s Answer

    If either of your parents has received TANF (welfare) you should contact the Oregon Division of Child Support, (Dept of Justice), if neither has received TANF, then contact the support enforcement division of the district attorney's office in the county where you reside and let them know that you would like to begin receiving child support directly from your parents (you should contact them a few months before you turn 18 even if you'll still be in high school). Once you call either of those two agencies, they will give you directions. Or, go to https://www.dcs.state.or.us/case_info/ to look up information (will find contact phone numbers as well).

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  • In Oregon, does child support go to the child when they turn 18? What if they live at home while attending college?

    Someone told me recently that once a child turns 18 the child support starts going to the child and not to the parent. If that is true, what if the child lives at home for all or part of their college years? I am also curious as to what year the l...

    Rebecca’s Answer

    You should contact the enforcing agency once your child is about to turn 18 years old, if your 18 year old intends on going to college or other qualifying type school (however, if your child turns 18 and is still in high school, the payments will still start going directly to the 18 year old). The enforcing agency will re-calculate child support and issue an new awards - one for the 18 year old that will include a child support obligation from both parents and then a separate one for the child(ren) under 18. As far as you having to pay your child directly -- just start charging your child rent in the exact amount of your child support obligation -- your support doesn't have to go through the enforcing agency.

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