Oregon is one of only a handful of states that allows courts to order child support for adult children attending college or vocational programs. Under ORS 107.108, child support can continue until age 21 if the child is enrolled at least half-time and making satisfactory academic progress. This extended support—often called "child attending school" support—recognizes that children from divorced families may need financial assistance to pursue higher education that children from intact families typically receive. The support amount is calculated using Oregon's Income Shares Model and is intended to supplement (not replace) the student's own resources, financial aid, and contributions from savings plans.
| Key Facts | Oregon |
|---|---|
| Filing Fee | $301 (as of March 2026) |
| Waiting Period | None (eliminated in 2011) |
| Residency Requirement | 6 months if married outside Oregon; immediate if married in Oregon |
| Grounds | No-fault only (irreconcilable differences) |
| Property Division | Equitable distribution under ORS 107.105(1)(f) |
| Child Support Model | Income Shares under ORS 25.275 |
| College Support Age Limit | Until age 21 under ORS 107.108 |
Does Oregon Require Parents to Pay for College After Divorce?
Oregon courts can order divorced or separated parents to pay child support for children ages 18-20 who are attending school, making it one of approximately 15 states with post-secondary support provisions. Under ORS 107.108, courts may extend child support obligations until the child turns 21, provided the student remains unmarried, enrolled at least half-time, and maintains satisfactory academic progress as defined by their educational institution. This statute applies to never-married parents as well as divorcing couples, ensuring all children have equal access to educational support regardless of their parents' marital history.
The "child attending school" provision covers a broad range of educational programs beyond traditional four-year universities. Qualifying programs include community colleges, trade schools, vocational training programs, GED courses, Job Corps, and even high school equivalency programs. Oregon legislators designed this flexibility to support diverse educational paths that prepare young adults for gainful employment.
However, courts cannot order parents to pay college tuition directly. The Oregon Court of Appeals clarified in [Crocker and Crocker, 332 Or 42 (2001)] that ORS 107.108 does not authorize trial courts to order a parent to pay college expenses in addition to child support. Instead, the extended support obligation continues at the same calculation rate as minor child support, with payments typically going directly to the adult child rather than to the custodial parent.
How Is Post-Secondary Child Support Calculated in Oregon?
Oregon calculates child attending school support using the same Income Shares Model that applies to minor children, combining both parents' gross incomes and dividing the obligation proportionally based on each parent's share. Under OAR 137-050-0710, the calculation follows a six-step process: determining each parent's gross income, calculating adjusted income, applying the $1,465 monthly self-support reserve, looking up the basic support obligation on the state schedule, adding childcare costs, and determining medical support obligations. The current guidelines cap combined parental income at $30,000 per month.
For children attending school, the support calculation may differ from minor child support in important ways. First, the court may order both parents to pay support directly to the adult child rather than routing payments through the custodial parent. Second, courts consider the adult child's own income and resources, including financial aid, scholarships, work-study earnings, and contributions from 529 savings plans. Third, the court may reduce or eliminate the obligation if the adult child receives substantial support from other sources.
The following table illustrates estimated monthly support obligations based on combined parental income under Oregon's 2026 guidelines:
| Combined Parental Income | One Child | Two Children | Three Children |
|---|---|---|---|
| $5,000/month | $850 | $1,275 | $1,530 |
| $10,000/month | $1,245 | $1,870 | $2,240 |
| $15,000/month | $1,575 | $2,365 | $2,835 |
| $20,000/month | $1,870 | $2,805 | $3,365 |
| $30,000/month (cap) | $2,380 | $3,570 | $4,285 |
These amounts represent the total combined parental obligation before calculating each parent's proportional share based on their percentage of combined income.
What Expenses Does Child Attending School Support Cover?
Child attending school support in Oregon is intended to supplement—not fully fund—a college student's educational and living expenses, with courts recognizing that adult children should also contribute through work, financial aid, and savings. The support payments help cover basic living expenses such as housing, food, transportation, and personal needs, similar to what minor child support addresses. Under ORS 107.108, the legislature explicitly stated that support "is not intended to replace other resources or meet all of the financial needs of a child attending school."
The statute does not authorize courts to order parents to pay tuition, fees, books, or other direct educational costs in addition to the regular support amount. This distinction is crucial: parents cannot be forced to write checks directly to a university. However, parents may voluntarily agree in their divorce settlement to share college costs, and Oregon courts will enforce such agreements as contractual obligations separate from the statutory child support order.
If a parent has established a 529 higher education savings plan for the child, the court may order payment from that plan instead of ordering monthly support payments. Under ORS 107.108(5), when a court orders payment from a savings plan, the Oregon Department of Justice Child Support Program will not enforce compliance through wage garnishment or other administrative collection methods. This provision encourages parents to save for education while providing flexibility in how support is delivered.
Eligibility Requirements for Post-Secondary Support
Oregon imposes strict eligibility requirements for child attending school support, and failure to meet any requirement will result in suspension or termination of the support obligation. Under ORS 107.108, the adult child must meet all of the following criteria: be unmarried and not otherwise emancipated (including no active military service), be between ages 18 and 20 (support terminates at 21 regardless of enrollment status), be enrolled in a qualifying educational program, maintain at least half-time enrollment as defined by the institution, and make satisfactory academic progress according to the school's standards.
The satisfactory academic progress requirement replaced the previous "C average" standard following Senate Bill 1050 in 2005. Now each school defines its own satisfactory progress standards, which typically require completing a certain percentage of attempted credits and maintaining a minimum GPA (often 2.0 for undergraduate programs). Students placed on academic probation may still qualify if they remain enrolled and the school has not suspended them for academic reasons.
The adult child gains significant procedural rights under Oregon's statute. Under ORS 107.108(4), the child attending school becomes a party to any legal proceeding related to the support order. The adult child may apply for child support services directly (rather than through a parent), request modification of the support award, and receive notice of and participate in any proceedings that may affect their rights. This provision recognizes that an 18-20 year old has a personal stake in their support order and should have legal standing to protect their interests.
How to Request Child Attending School Support
To establish or continue child support for a child attending school in Oregon, specific procedural steps must be followed depending on whether a child support order already exists. If the existing divorce judgment or support order already includes "child attending school" language referencing ORS 107.108, the adult child or custodial parent must notify the Oregon Child Support Program and provide proof of enrollment and satisfactory academic progress. The non-custodial parent receives written notice and has 30 days to object.
If the existing order does not include child attending school provisions, either parent or the adult child must file a motion to modify the support order with the circuit court that issued the original order. The filing fee for a modification motion in Oregon is approximately $77-$90 depending on the county. The motion must demonstrate that the child meets all statutory requirements and should include documentation from the educational institution confirming enrollment status and academic progress.
The adult child can also apply directly for child support services through the Oregon Department of Justice Child Support Program. Required documentation typically includes proof of enrollment (registration confirmation or tuition bill), academic transcript showing satisfactory progress, proof of half-time or greater enrollment, birth certificate or other proof of parentage, and copy of the existing child support order. Processing typically takes 30-45 days after all documentation is submitted.
What If the Other Parent Refuses to Pay?
Oregon provides robust enforcement mechanisms for child attending school support, with the Department of Justice Child Support Program authorized to use the same collection tools available for minor child support. Under ORS 25.020, enforcement methods include income withholding (wage garnishment), interception of tax refunds (state and federal), suspension of driver's licenses, professional license suspension, passport denial for arrears exceeding $2,500, liens on real property, and contempt of court proceedings with potential jail time for willful non-payment.
When support is ordered through the Child Support Program, payments are processed through the Oregon State Disbursement Unit, which provides accurate record-keeping and automatic enforcement when payments are missed. The Program can establish new income withholding orders, initiate license suspension proceedings, and refer cases to the Attorney General's office for contempt prosecution. Interest accrues on unpaid support at 9% annually under Oregon law.
If the paying parent believes the adult child no longer qualifies for support—for example, if the child dropped below half-time enrollment or failed to make satisfactory academic progress—the parent must formally request suspension or termination of the order. The parent cannot simply stop paying and hope for the best. Under OAR 137-055-5110, a parent may request administrative review of the support obligation within 30 days of receiving notice, challenging whether the adult child meets the statutory requirements.
Voluntary Agreements to Pay College Costs
Parents may include provisions in their divorce settlement or parenting plan that go beyond Oregon's statutory requirements, including agreements to pay tuition, room and board, books, and other educational expenses directly. Oregon courts will enforce these agreements as contractual obligations, and breach of such an agreement can result in a contempt citation or money judgment for unpaid amounts. Many divorce attorneys recommend spelling out college cost-sharing in the marital settlement agreement rather than relying solely on the statutory support extension.
When drafting voluntary college provisions, attorneys typically recommend addressing the following issues: percentage split of tuition and fees (often 50/50 or proportional to income), which schools qualify (in-state public only, or private schools up to a certain cost), room and board limits (on-campus only, or amount equivalent to on-campus costs), duration of obligation (four years, five years, or until degree completion), GPA requirements beyond statutory minimums, responsibility for books, supplies, and incidental costs, treatment of financial aid, scholarships, and student loans, and consequences if the child changes majors or takes time off.
These voluntary provisions are particularly important because they can require parents to pay expenses that courts cannot order under ORS 107.108. A well-drafted agreement might require Dad to pay 60% of in-state tuition and Mom to cover textbooks, while the child contributes earnings from a part-time job. Such agreements provide certainty for all parties and avoid future litigation over ambiguous terms.
Interstate Issues and Child Attending School Support
Oregon's child attending school provision applies only to support orders issued under Oregon law, creating potential complications when parents live in different states or when orders were issued in other jurisdictions. Under OAR 137-055-5110, eligibility for continued support depends on the laws of the state where the child support order was originally created—this remains true even if Oregon has revised or modified another state's order. Only about 15 states allow post-majority support for college students, and requirements vary significantly.
If the original order was entered in a state that does not provide for post-secondary support (such as Texas, which terminates support at age 18 in most cases), the adult child generally cannot obtain extended support by moving to Oregon. However, if the original order included provisions for support through college that exceed what Oregon statute requires, Oregon courts will enforce those provisions as written. The Uniform Interstate Family Support Act (UIFSA) governs enforcement of out-of-state orders.
For families with multi-state connections, determining which state has jurisdiction over modifications can be complex. Generally, the state that issued the original order retains continuing exclusive jurisdiction as long as one party or the child continues to reside there. If all parties have left the issuing state, jurisdiction may transfer to the child's or petitioner's state of residence. Consultation with a family law attorney familiar with interstate support issues is advisable before seeking modifications.
Impact on Financial Aid Eligibility
Child support received by a college student can affect federal financial aid calculations, though the impact is generally modest compared to parental income factors in the FAFSA formula. Under federal financial aid rules, child support received is reported as untaxed income to the student, which may slightly reduce need-based aid eligibility. However, child support received typically has a smaller impact than parental income, assets, and the number of other children in college.
Oregon's child attending school support creates an interesting dynamic for financial aid purposes. If support payments go directly to the adult child (as is typical under ORS 107.108 rather than routing through the custodial parent), the student must report these payments on their FAFSA. The student's income assessment rate is higher than the parent's rate, meaning each dollar of student income reduces aid eligibility more than each dollar of parental income.
Families should coordinate support arrangements with financial aid planning. In some cases, paying educational expenses directly (under a voluntary agreement) rather than providing cash support may result in better financial aid outcomes. A 529 plan distribution paid directly to the institution may receive more favorable treatment than cash support paid to the student. Consulting with both a family law attorney and a financial aid advisor can help optimize the overall financial picture.