When does Child Support Stop in Colorado

When does child support end in Colorado Springs? As a parent who pays or receives child support, you’ve likely asked this question at some point. It’s a common concern, and we understand that navigating the child support laws in Colorado can be overwhelming at times.

Typical Termination Age for Child Support Payments in Colorado Springs

In Colorado Springs, paying child support typically ends when a child reaches 19. This age aligns with the expected high school graduation date or completion of an equivalent program.

Standard Age 19 Termination

In Colorado Springs, child support ends when the child reaches 19 years old. This is the standard age of emancipation under Colorado law, meaning the child is considered an adult and no longer requires parental financial support. The court order for child support will specify the termination date, which is usually the last day of the month in which the child turns 19.

In Colorado, the magic number for child support termination is 19.

If the same child support order covers multiple children, payments continue until the youngest child reaches 19. The non-custodial parent’s obligation doesn’t automatically reduce as each child emancipates. To modify the amount, either parent must request a review and adjustment of the order through the family court or child support enforcement agency.

Circumstances That Can Alter Child Support Duration

While the standard termination age for child support in Colorado Springs is 19, certain circumstances can lead to early termination or prolonged support. If the child becomes emancipated, marries, or joins the military before turning 19, child support may end sooner. On the other hand, if the child has a disability that prevents self-support or is still in high school past age 19, support could continue longer.

Early Termination Possibilities

In certain situations, child support may end early in Colorado Springs. If the child becomes emancipated before turning 19, the non-custodial parent’s obligation typically stops. Emancipation occurs when the child gets married, joins the military, or becomes financially independent.

For example, if a 17-year-old enlists in the armed forces and goes on active duty, they are considered emancipated, and child support payments would cease.

Emancipation is not contingent on the desires or actions of the parents, but rather on the minor’s circumstances. – Colorado Springs Family Law Attorney

We must note that even if the child support order hasn’t been modified to reflect the emancipation, the non-custodial parent can file a motion to terminate support. The court will review the case and determine if the child meets the legal criteria for emancipation. If so, the judge will issue an order ending the child support obligation as of the emancipation date.

Conditions for Prolonged Support

In certain cases, child support obligations may extend beyond the typical termination age in Colorado Springs. Here are some conditions that can lead to prolonged child support:

1. Disability: If the child has a physical or mental disability that prevents them from becoming self-supporting, the court may order continued child support for an indefinite period, even past the age of 19.
2. Educational Pursuits: When the child is still attending high school or an equivalent program after turning 19, child support typically continues until graduation or age 21, whichever comes first. If the child enrolls in college or vocational school, the court might consider extending support.
3. Parental Agreement: Both parents can mutually agree to continue child support beyond the standard termination age. This agreement should be formalized in writing and submitted to the court for approval.
4. Court Discretion: In exceptional circumstances, the court may decide to prolong child support based on factors such as the child’s needs, the parent’s financial situations, and any other relevant information presented during a hearing.
5. Arrears: If the non-custodial parent has unpaid child support (arrears) when the child reaches the termination age, they must continue making payments until the balance is paid in full, even if the current support obligation has ended.

Legal Process for Modifying Child Support

If circumstances change, either parent can petition the court to modify the child support order. The court will review the request and may adjust the support amount if the changes are significant and continuing.

Steps to Initiate Changes

To modify child support orders, we must follow the proper legal process. Here are the steps to initiate changes to an existing child support order in Colorado Springs:

1. File a motion: We need to file a formal motion with the court that issued the original child support order. This motion should clearly state the reasons for requesting a modification, such as a significant change in income or parenting time.
2. Provide supporting documentation: Along with the motion, we must submit evidence that supports our request for modification. This may include pay stubs, tax returns, or other financial documents that demonstrate a substantial change in circumstances.
3. Serve the other parent: After filing the motion, we are required to serve the other parent with a copy of the motion and supporting documents. This ensures that they are aware of our request and have an opportunity to respond.
4. Attend the hearing: The court will schedule a hearing to review our motion and any objections from the other parent. We must attend this hearing and present our case for modifying the child support order.
5. Obtain a new order: If the court approves our request, they will issue a new child support order that reflects the modified terms. This new order will replace the original order and become legally binding.

Legal Requirements and Documentation

Specific legal requirements must be met to change child support in Colorado Springs and appropriate documentation must be provided. Here are the key aspects to consider:

• File a motion to modify child support with the court that issued the original order, detailing the changes in circumstances warranting the modification.
• Provide evidence of substantial and continuing changes, such as:
  • Significant increases or decreases in either parent’s income
  • Changes in the child’s needs, like medical conditions or educational expenses
  • Alterations in parenting time arrangements
• Submit updated financial affidavits and income verification for both parents, including pay stubs, tax returns, and other relevant financial documents.
• If the child has become emancipated due to marriage, military enlistment, or other legal reasons, present official documentation like marriage certificates or military papers.
• In cases involving disability or special needs, include medical reports and expense records to justify extended support.
• When parents agree on the modification, file a stipulated agreement signed by both parties along with the motion.
• Serve the other parent with copies of the motion and supporting documents, following proper legal procedures for service.
• Attend the scheduled court hearing where a judge will review the evidence and decide on the modification request.
• Once the court approves the change, submit the new order to relevant agencies like the Family Support Registry to update payment records and adjust income assignments accordingly.

Conclusion

Ending child support obligations in Colorado Springs requires understanding the legal process and specific circumstances. We’re here to guide you through this transition, ensuring your rights are protected. Our experienced family law attorneys will review your case, identify valid reasons for termination, and help you navigate the necessary steps. Let us handle the complexities so you can focus on moving forward.

FAQs

When does child support typically end in Colorado Springs?

In most cases, the non-custodial parent’s obligation to pay support continues until the youngest or last child reaches 19. However, it may end sooner or later depending on specific circumstances.

Can child support continue past age 19?

Yes, if the child is mentally or physically disabled, unable to support themselves, or still in high school, the court may order support to continue beyond the typical cutoff age.

What happens if the non-custodial parent fails to pay child support?

Failing to pay court-ordered support can lead to serious consequences, such as wage garnishment, seizure of bank account funds, suspension of driver’s license, and even jail time.

How is child support calculated in Colorado Springs?

Courts consider both parents’ incomes and the number of children involved. They use a formula based on these factors and the state’s guidelines to determine the support amount.

Can child support end before the child turns 19?

Support may end earlier if the child graduates high school, becomes emancipated, joins the military, or gets married. In these cases, the child is considered self-supporting.

What if the custodial parent is on public assistance?

If one parent receives public assistance for the child, the other parent must still pay support. The funds go to the state to offset the cost of the assistance provided for the child’s care.