When can a child's maintenance and education be defrayed out of income of own property?

Full question:

I am stay at home mom to a 7 year-old boy. There are quite a few properties in my son’s name in Oregon. Can a minor's maintenance be paid out of a minor’s own property?

  • Category: Minors
  • Date:
  • State: Oregon

Answer:

Yes. In cases where the minor’s educational or other expenses are such that a parent can't reasonably afford to pay, a court may order the maintenance and education expenses be paid out of the minor’s property (either in whole or in part). You may have a look at the relevant statutory provision below to see if it applies in your case.
 
ORS § 109.020-
 
“If any minor, whose parent is living, has property the income of which is sufficient for the maintenance and education of the minor in a manner more expensive than the parent can reasonably afford, regard being had to the situation of the parent's family and to all the circumstances of the case, the expenses of the maintenance and education of the minor may be wholly or partially defrayed out of the income of the property of the minor, as is judged reasonable by the court having probate jurisdiction. The charges therefor may be allowed accordingly in the settlement of the accounts of the guardian or the conservator of the minor of the estate of the minor.”
 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Oregon, there is no specific minimum age to own property. However, minors (under 18) cannot enter into contracts. Therefore, property ownership for minors typically requires a parent or guardian to manage the property on their behalf. Legal arrangements, such as a trust, may also be used to hold property for a minor until they reach adulthood.