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Does my father owe me Money???

Oregon City, OR |
Filed under: Family law

My father never gave any child support or any money to my mother.I am now a 19 year old college student and I wanted to know if there was any way to find out if he owes me anything and if I can get any money from him???

Attorney Answers 4

Posted

Read the divorce agreement, it probably states what he is required to pay and pay for.

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8 comments

Asker

Posted

oh they were never married, is that a problem???

Robert West

Robert West

Posted

ok, then was there ever a custody/child support agreement?

Asker

Posted

no,they were just together for a month or so,and when he found out my mom was pregnant he left

Joanne Reisman

Joanne Reisman

Posted

There could have been an order of support that you are not aware of. See my answer below. If your mother received any welfare benefits from the state they would have established or tried to establish a support order for your father to pay.

Asker

Posted

ok so no , she never did file a report ,

Robert West

Robert West

Posted

Then, it is probably too late. You can try to contact a family attorney in your area but it does not sound good to me

Joanne Reisman

Joanne Reisman

Posted

It is not too late in Oregon - child support is payable until the child is age 21 if they are in school. There can be child support ordered if the mother got benefits from the state - she may not have filed a report - the state might have processed the support via the assignment that mother made when applying for benefits. Go to the district attorneys office as I directed above and they will research if there is already an order in the system and help you set one up if there isn't.

Joanne Reisman

Joanne Reisman

Posted

It may be that they won't establish a new support order for an adult child - if they tell you there is no current order and won't set up an order, you can still get an order by filing with the court yourself. See an attorney if you need help with this or have more questions. But talk to the DA first and see how far that gets you.

Posted

I believe he may owe your mom not you.

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Posted

In Oregon, by statute he is responsible for sharing in your costs of college until you turn age 21, so long as other requirements are met. See ORS 107.108. You can bring this action, meaning your mother's involvement is not required. You might need a lawyer to help you enforce this, but your father does carry that obligation. You could contact Legal Aid Services in your area or the Oregon State Bar Modest Means and Pro Bono programs for referrals to attorneys who can discuss this with you.

In addition, as pointed out by my learned colleagues from other jurisdictions, he may owe your mother for back or even current child support.

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

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Posted

Whether or not he owes support depends on whether there was ever an order for child support entered against him If your mother did not pursue getting an order for child support then he would not owe money to her. However if there was a child support order, unpaid amounts are owed to your mother, not you. However most support orders provide that support is payable to the adult child who attends school until they reach age 21. So your father may owe the support that was payable since you turned 18 to you. In any case, you should be able to amend or establish a child support order if there currently isn't one to get support until you turn age 21. Contact the district attorney's office in the county where you live and make an appointment to talk to them to see what the situation is and if they can help you. This service is free.

The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.

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4 comments

Asker

Posted

so I think she didnt file any report, so how do I contact the district attorney's office?

Brian S Wayson

Brian S Wayson

Posted

Support Enforcement Division - Downtown Office Portland Building 1120 S.W. Fifth Avenue, Room 1530 Portland, Oregon 97204 Phone: (503) 988-3150 Fax: (503) 988-3160

Joanne Reisman

Joanne Reisman

Posted

Brian - she lives in Oregon City - so she would want to call the district attorney in Clackamas County. Just go look up on line the number for child support, Clackamas County District Attorney and call them. You usually start with the DA in the County where you live - they will redirect you if there is a case in another county or in the Department of Justice and you can go from there.

Brian S Wayson

Brian S Wayson

Posted

Oopps sorry - I misread that, thank you for catching that! Yes, call the Clackamas County DA's office: 1610 Red Soils Ct, Ste D Oregon City, OR 97045 MAP Our office hours are 8-5 Monday through Friday Telephone: (503) 655-8469 FAX: (503) 650-3528

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