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In re Marriage of Crocker

971 P.2d 469 (1998)

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In re Marriage of Crocker

Oregon Court of Appeals
971 P.2d 469 (1998)

Facts

When Dennis Crocker (defendant) and Marianne Crocker (plaintiff) divorced, they had three daughters aged five, eight, and 11. A court awarded custody of the children to Marianne and ordered Dennis to pay $200 per month in child support for each child. In 1995, Marianne petitioned for an increase in support. A new order was issued requiring Dennis to pay $239 per month for each of the two youngest daughters, both of whom remained minors, and $464 per month for the eldest daughter, who was 18 and attending school. In 1997, Marianne filed another petition to increase child support, this time because the middle daughter had turned 18 and intended to go to college in California. Dennis objected to any proposed increase. He argued that the Oregon statute permitting courts to order divorced or separated parents to support children attending school violated the state’s constitution because it treated divorced parents differently from married parents without a rational basis for doing so. The trial court agreed with Dennis and dismissed Marianne’s petition to increase child support. Marianne appealed.

Rule of Law

Issue

Holding and Reasoning (Armstrong, J.)

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