Oregon Child Attending School (CAST) Laws: Paying Child Support After Age 18

Understanding Oregon's Child Attending School Law

In most of the United States, child support automatically ends when a child turns 18 and graduates from high school. Oregon is unique. Under Or. Rev. Stat. § 107.108, a parent's obligation to pay child support can be legally extended until the child turns 21, provided the child qualifies as a 'Child Attending School' (CAST). This law is designed to help young adults transition into higher education or vocational training without losing vital financial backing.

For parents in cities like Portland, Salem, and Eugene, navigating the CAST program can be confusing and emotionally charged. Whether you are a parent seeking to ensure your child receives the support they need, or a paying parent who believes the child is no longer meeting the legal requirements, finding a qualified family law attorney through our United States lawyer directory is the safest way to protect your rights.

Step-by-Step Process in Oregon

Entering the CAST program is not automatic. There are strict procedural steps that both the child and the parents must follow to initiate or maintain this support.

Step 1: Receiving the Written Notice

Before the child turns 18, the Oregon Child Support Program, Salem typically sends a notice regarding the child's impending 18th birthday. To continue support, the child or the receiving parent must submit a Form CSF 01 1804, Oregon, Oregon Child Support Program, School Status: Child Attending School. This formally alerts the state and the paying parent that the child intends to continue their education.

Step 2: Providing Proof of Enrollment

The student must provide official proof of enrollment from their school before the first day of the term. This documentation must show that they are enrolled at least half-time. Failure to submit this paperwork on time can result in a suspension of child support payments.

Step 3: Paying Support Directly to the Child

Once the child turns 18, Oregon law typically requires that the child support payments be distributed directly to the child, not the other parent, unless the child formally signs a waiver allowing the parent to continue receiving the funds. If disputes arise over this distribution, you may need to file a motion at your local courthouse, such as the Multnomah County Circuit Court, Portland.

Academic Requirements (GPA and Credit Minimums)

To keep receiving support, the child cannot simply enroll in classes and skip them. Oregon law demands academic progress. The child must be enrolled in at least one-half of a full-time credit load (usually 6 credits per term for a standard college). Under Or. Rev. Stat. § 107.108(1)(a)(C) and OAR 137-055-5110(1)(d), Oregon law no longer requires a fixed 2.0 GPA; instead, the child is legally required to make satisfactory academic progress as defined by the school that the child attends. The student has a strict legal obligation to provide a copy of their grades and their upcoming class schedule to the paying parent at the end of every single academic term. If they fail to provide these grades or maintain satisfactory progress, the paying parent has grounds to seek suspension of the support.

Trade Schools vs. Universities

The CAST law is highly flexible regarding the type of education. It is not limited to four-year universities. A 'school' under Or. Rev. Stat. § 107.108 includes community colleges, vocational schools, trade schools, and even Job Corps programs. As long as the institution provides a recognized diploma, certificate, or degree, and the student meets the half-time enrollment requirement, trade schools are treated exactly the same as traditional universities.

How and When to Terminate CAST Support

Support does not last forever. It automatically terminates when the child turns 21. However, support can be suspended earlier if the child drops below half-time enrollment, fails to make satisfactory academic progress as defined by the school that the child attends, or refuses to provide their grades to the paying parent. Under Or. Rev. Stat. § 107.108(8) and Or. Rev. Stat. § 107.108(9), a paying parent can submit a written objection to suspend support payments if the child fails to comply with statutory reporting or enrollment rules. Rather than permanently terminating the underlying order, the state suspends the payments, which can be promptly reinstated without filing a new lawsuit once the child submits the required documentation and demonstrates compliance.

How Much Does it Cost in Oregon?

Handling CAST disputes administratively through the state is generally free. However, if you need to file a formal motion to terminate support or enforce payment in a circuit court, you will pay a filing fee of approximately $150 to $300. Hiring a family law attorney to represent you in a contested CAST hearing typically costs between $2,000 and $5,000 in retainer fees, depending on the complexity of the evidentiary hearing.

How Long Does the Process Take?

If handled administratively through the state, updating a CAST status takes about 30 to 45 days. If a parent formally objects to the CAST status and requests an administrative hearing or files a motion in court, it can take 2 to 4 months to receive a final ruling from an Administrative Law Judge or a Circuit Court judge.

Frequently Asked Questions (FAQ)