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

Text
Annotations 1

(1)

(a)

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.

(b)

As used in this subsection:

(A)

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

(B)

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

(2)

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.

(3)

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:

(a)

Whether the spouses subsequently reconciled.

(b)

The number of separations and reconciliations of the spouses.

(c)

The length of time the spouses lived apart.

(d)

Whether the spouses intend to reconcile.

(e)

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

(4)

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)

108.010
Removal of spouse’s civil disabilities 108.015
Domicile of married person or minor child 108.020
Nonliability for other spouse’s obligations 108.030
Liability of spouse for civil injuries committed by other spouse 108.040
Liability of parents for expenses of family and education of children 108.045
Liability of stepparent for expenses of family and education of children 108.050
Nonliability of spouse’s property for other spouse’s obligations 108.060
Noninterest of one spouse in property of other spouse 108.080
Civil remedies between spouses in respect of separate property 108.090
Conveyances, transfers and liens between spouses 108.100
Spouses as attorney in fact for each other 108.110
Petition for support of spouse and children 108.120
Support judgment or order 108.510
Revocation of election to come under terms of Community Property Law of 1943 108.515
Disposition of fees 108.520
Effect of Act repealing Community Property Law of 1947 108.530
Removal of community property status by agreement 108.540
Removal of community property status by death of either spouse 108.550
Reliance on spouse’s right to deal with property in spouse’s name 108.700
Definitions for ORS 108.700 to 108.740 108.705
Agreement to be in writing 108.710
Subjects of agreement 108.715
Agreement effective upon marriage 108.720
Modification of agreement 108.725
Party may prove agreement unenforceable 108.730
Effect of void marriage 108.735
Statute of limitations 108.740
Short title

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

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

(1)

(a)

(b)

(A)

(B)

(2)

(3)

(a)

(b)

(c)

(d)

(e)

(4)

Law Review Citations

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