## Facts

- Geraldine A. Haxton (mother) and Gene D. Haxton (father) married in 1958 and divorced in 1978; the dissolution decree awarded custody of the children to the mother and ordered the father to pay child support.
- Over time, the father’s support obligations ended as to two children who reached majority; he continued paying support for a remaining minor son under the decree.
- James Haxton, an adult child (about 20 at trial), lived with his mother, was unemployed, and was not in school.
- James had a mental disability; expert testimony showed the disability prevented him from securing employment.
- The mother filed (1) a motion to modify the dissolution judgment seeking increased support for the minor son and support for James, and (2) a separate support action, later amended to be brought in James’s name with the mother as guardian ad litem.
- The trial court consolidated the proceedings and entered a single judgment that increased support for the minor son and ordered the father to pay $225 per month to James.
- The father appealed only the portion awarding support to James.

## Issues

1. Whether ORS 109.010 creates an enforceable civil cause of action allowing an adult, mentally disabled child who is poor and unable to work to obtain support from a parent.

## Decision

- The Oregon Supreme Court reversed the Court of Appeals.
- The court held ORS 109.010 creates an enforceable cause of action for support for a “child” who is poor and unable to work to maintain himself, including an adult child whose mental disability prevents employment.
- The court reinstated the trial court’s order requiring the father to pay $225 per month in support to James.

## Legal Principles

- A statute stating that “parents are bound to maintain their children who are poor and unable to work to maintain themselves” may be judicially enforced through a civil action by the protected beneficiary class.
- In ORS 109.010, “children” is read functionally to include adult offspring who meet the statutory conditions of poverty and inability to work, rather than being limited by the age of majority.
- A disabled adult child may pursue support directly against a parent under ORS 109.010 through a separate action, including appearance by a guardian ad litem when appropriate.

## Conclusion

The Oregon Supreme Court held that ORS 109.010 is not merely declaratory of a parental duty but authorizes a civil action for support by an adult child who is poor and unable to work due to mental disability, and it reinstated the support award entered by the trial court.


Haxton v. Haxton, 705 P.2d 721 (Or. 1985)