Liability of parents for expenses and education of children
(1)(a) The expenses of a minor child and the education of the minor child are chargeable upon the property of either or both parents who have not married each other. The parents may be sued jointly or separately for the expenses and education of the minor child.
(b)This subsection applies to a person who is asserted to be a parent of the minor child only when:
(A)A voluntary acknowledgment of paternity form has been filed in this or another state and the period for rescinding or challenging the voluntary acknowledgment on grounds other than fraud, duress or material mistake of fact has expired; or
(B)Parentage has been established pursuant to an order or judgment entered under ORS 25.550 (Establishing paternity of child) or 109.124 (Definitions for ORS 109.124 to 109.230) to 109.230 (Legality of contract between mother and father of child born out of wedlock).
(c)As used in this subsection, “expenses of a minor child” includes only expenses incurred for the benefit of a minor child.
(2)Notwithstanding subsection (1) of this section, a parent is not responsible for debts contracted by the other parent after the separation of one parent from the other parent, except for debts incurred for maintenance, support and education of the minor child of the parents.
(3)For the purposes of subsection (2) of this section, parents are considered separated if they 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 parents are separated, in addition to other relevant factors:
(a)Whether the parents subsequently reconciled.
(b)The number of separations and reconciliations of the parents.
(c)The length of time the parents lived apart.
(d)Whether the parents intend to reconcile.
(4)An action under this section must be commenced within the period otherwise provided by law. [2005 c.732 §2; 2017 c.651 §15]
Law Review Citations
12 WLJ 569-589 (1976)