July 14th, 2013 update: SB 341 died in the 2013 senate judiciary committee.
Support proposed Oregon Senate Bill 341. The proposed bill repeals ORS 107.108, which authorizes payment of support for an adult child attending school and limits obligation to pay child support to children under 18 years of age or, if child is still in high school, 19 years of age or less.
ORS 107.108, in the court’s own words, “…is not a perfect remedy for the problem”, the existing statute is based on assumptions, and it is used “to advance the state’s interests.”
Multnomah County Judge Kirschner opines, “ORS 107.108 violates the equal protection clauses of both Oregon and United States constitutions.”
“This is a case of one class of citizens being burdened with circumstances that are not imposed on another.” – Becky Kiely, Second Wives Cafe
A well-educated populace is vital for the State of Oregon. However, ORS 107.108 does not treat all deserving citizens with equal protection of the law at either the Federal or State levels. It is not the sole responsibility of child support obligors to provide a well-educated populace. It is every parent’s moral responsibility. As a person who is obligated to pay child support, I do so diligently and I intend to support my children throughout my life. But, the State of Oregon assumes that I will not fulfill my moral obligation to my children and instead becomes the father to my own children in my place.
In McGinley v. McGinley (D8712-68732; CA A101792), Multnomah County Circuit Court judges incorrectly conclude “…that divorced parents have not been the subject of stereotyping or prejudice to an extent that would render them a suspect class.” Non-custodial parents are subject to prejudice and stereotyping from State and Federal governments in that non-custodial parents paychecks are automatically garnished regardless of prompt payments. Our own Attorney General wants to “go after deadbeat dads” and child support obligors without the ability to pay are known in the child support industry as “turnips.” Non-custodial parents are a stigmatized minority, outnumbered politically, the target of long-standing and continuing invidious legal discrimination, and thereby subject to intermediate scrutiny.
Oregon has many issues to tackle with child support. Current child support laws in Oregon encourages single-parenting as these laws provide more assurances of income to single parents than couples have when living together. Supporting one’s adult child should be a moral obligation, not a legal one.
Crocker v Crocker (Multnomah County, 8706-64201; CA A99888 judges Warren, Edmonds, and Armstrong): “…ORS 107.108 does not provide a perfect remedy for that problem…”
“…there does not have to be a perfect correlation between the state’s interest and the means it uses to advance that interest.”
“…the state assumes that, as a result of the divorce or separation, many of them will no longer be able to work together to make responsible decisions about how to support their children.”