(4)(a) When an obligee requests establishment of arrears for any time period during which a child was a child attending school and services were being provided under ORS 25.080, the arrears will be established to the child’s account.

(b)(A) If the child attending school is the only or last remaining child on the case, the administrator will not establish arrears for any time period when services were not being provided and support is only being paid for the child attending school. Arrears may only accrue to the child attending school account from the date the administrator begins providing child support services.

(B) Notwithstanding subsection (b)(A), the administrator may establish arrears for any time period when services were not being provided if the judicial order found that the child qualified as a child attending school during the time period for which arrears are being established.

The rules provides for a process in which the department of justice can establish the amount of arrears owed to a child attending school. The department will not do so if there is no child support established for a minor child and only for a child attending school. Further, arrears cannot be established if the department of justice was not enforcing the support obligation.

Regardless of these provisions, a court process can be instituted in order to establish the correct amount of arrears, as addressed by (B). There are also ways that a lawyer can assist with the proper calculation and satisfaction of amounts owing.

Please note that the above is not legal advice. A person with a legal question should consult an attorney. The lawyers at Stephens Margolin PC have experience addressing child attending school support issues and potential clients can attend a consultation to have their questions answered.