When a child attending school who is receiving child support fails to meet the requirements of passing 2/3 attempted credits, the obliging parent is authorized to make an objection. I somewhat understand how this works if the child has quit attending school... but what about when they are not meeting academic requirements? What's to prevent this from circling the system so that support never actually gets suspended? It also appears that the support that would have been paid to the child just gets redistributed to the 'custodial' parent or swept over to subsequent children included in the support judgment until a modification is made.
Would a petition to modify need to be initiated to stop the cycle if a child is flunking out of school?
Family Law Attorney
If child support is being administered by the Department of Justice Child Support Enforcement Division (online at http://www.doj.state.or.us/dcs/index.shtml ), then they can probably handle this problem without requiring a separate motion to modify. You can start addressing this issue online at http://oregonchildsupport.gov/services/child_attending_school.shtml . You can also have an attorney address these issues for you, which may be desirable if there's dispute over the facts or application of the law.
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