ORS 108.040
Liability of parents for expenses of family and education of children


Intentionally left blank —Ed.


The expenses of the family and the education of the minor children are chargeable upon the property of both spouses in a marriage who are parents of the minor children, or either of them, and in relation thereto they may be sued jointly or separately.


As used in this subsection:


“Expenses of the family” includes only expenses incurred for the benefit of a member of the family.


“Family” means the spouses in a marriage and the minor children of the spouses.


Notwithstanding subsection (1) of this section, after the separation of one spouse from the other spouse, a spouse is not responsible for debts contracted by the other spouse after the separation except for debts incurred for maintenance, support and education of the minor children of the spouses.


For the purposes of subsection (2) of this section, spouses shall be considered separated if the spouses are living in separate residences without intention of reconciliation at the time the debt is incurred. The court may consider the following factors in determining whether the spouses are separated in addition to such other factors as may be relevant:


Whether the spouses subsequently reconciled.


The number of separations and reconciliations of the spouses.


The length of time the spouses lived apart.


Whether the spouses intend to reconcile.


Whether the spouses have filed a petition for separation or dissolution.


An action under this section shall be commenced within the period otherwise provided by law. [Amended by 1965 c.530 §1; 1993 c.598 §1; 2005 c.732 §3; 2015 c.629 §17]

Source: Section 108.040 — Liability of parents for expenses of family and education of children, https://www.­oregonlegislature.­gov/bills_laws/ors/ors108.­html.

Law Review Citations

53 OLR 204, 205 (1974); 69 OLR 689 (1990)

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