Canadian beats state in custody battle then gets a bill

PORTLAND, Ore. - The state of Oregon says a Canadian mother, whose son was placed in foster care for two years, owes the state $7,400 in retroactive child support and medical care.

Noah Kirkman, who is also Canadian, was 10 years old when he came to Oregon on vacation to visit his stepfather in Lane County. While there police caught him without a bike helmet and then found out his stepfather was not his legal guardian even though he married Noah’s mother and raised him. The state then put the boy into foster care.

For two years Lisa Kirkman fought to get her son back. She succeeded in June with the help from the Canadian government, but then the state of Oregon sent her a letter demanding payment.

“Actually, I laughed at first, because I was just confused and took me completely off guard,” said Kirkman. “I was confused as to what I was looking at.”
Kirkman’s attorney, Daniel Mol, strongly rebuked the state.

“So I want to say to the state of Oregon: ‘shame on you.’ We know you’ve got budget problems. Everybody knows that, but do you really think you’re going to fix them by coming after a single mother of modest means?” he said.

Oregon DHS doesn’t comment on lawsuits, especially when a child’s involved, but sent a statement of state policy to KATU News that said it is allowed to collect money and reimbursements from parents. It does not say, however, how often it tries.

“I don’t live there. I don’t put anything into their economy,” said Kirkman. “It just astounds me that they would come after me up here for something like this. It never occurred to me after this; I thought our fight was over.”

Kirkman went to court Tuesday to try to get the suit tossed out and plans to hit back with her own lawsuit.

“It took two years to get my son back, so now that he’s back I have the energy, the will and the desire to take it as long as it needs to happen,” she said.

 The judge delayed all of this for three months. Oregon didn’t have a lawyer in court Tuesday and all the paperwork wasn’t complete. The state left off Noah’s last name and didn’t break down or substantiate the $7,400 figure.