Ending Child Support Before Age 19 in Colorado
Many parents ask, “When does child support end in Colorado?”
Child support guidelines play a crucial role in determining financial commitments by parents to ensure their child’s basic needs are met, as Colorado law mandates.
These guidelines influence child support calculations based on parental income and adjustments and the specific regulations that dictate when child support payments end in Colorado. Our guide will help you comprehend everything from the standard termination at age 19 to unique circumstances that might change this timeline.
Standard Age for Child Support Obligation Termination
In Colorado, the rule is that child support stops when a child turns 19.
However, the obligation may continue under specific circumstances, such as when the child is still in school or has disabilities. This age marks the usual end of parental financial help.
Age 19 as the Default Emancipation Age
We will guide you through ending child support payments. In Colorado, the law says child support usually stops at 19. This condition is because, at 19, a person is seen as able to take care of themselves.
They are considered independent adults who can earn and manage their own money. Emancipation significantly changes from being under parental care to financially standing alone.
This statement means that once your child turns 19, you can stop paying child support. Parents need to know this so they can plan their finances. Our team makes sure everything goes smoothly with your child support until it ends at age 19 or if something else changes it earlier.
Exceptions to Standard Termination Age
Child support doesn’t always stop at age 19 in Colorado.
Sometimes, minors can become independent through marriage or joining the armed forces before then. This situation changes things a bit and means child support could end earlier than expected.
Sometimes, the amount of child support owed may be contested, leading to potential modifications. Individuals can challenge perceived unfairness in child support amounts, and court interventions may be necessary. Legal assistance is often crucial in navigating these modifications.
Emancipation by Marriage or Military Service
One fundamental way is through emancipation by marriage or military service. Here’s a closer look:
A minor gets married: In 1970, a Denver County court decided they’re considered independent if a child gets married. This decision means their parents don’t have to pay child support anymore.
Joining the military does the same thing: If a young person goes into the military, it also means they are on their own. They make their own money and don’t need financial help from their parents.
Court documents are needed: Legal proof is required for both situations. Parents should show marriage certificates or military papers to stop child support payments.
The Family Support Registry needs to know: After you get all your documents ready, you must tell the Family Support Registry. They handle child support orders in Colorado.
Sometimes, both parents agree: Parents might decide that their child is independent before these events happen. If so, they need to update their agreement officially.
There could be exceptions: Even if a child marries or joins the military, there might be exceptional cases where child support keeps going. Always check with a lawyer to be sure.
At Moran, Allen & Associates Family Law, we carefully guide our clients through these steps. We ensure that the children get what they need until they can stand on two feet.
Process to Legally End Child Support Early
To legally end child support early, the paying parent must follow a specific process emphasizing their responsibilities and the legal requirements.
This process involves filling out forms and sometimes going to court.
Required Legal Actions and Documentation
There are certain circumstances where child support may end before the age of 19. Here’s an overview of the legal actions and documentation required to end child support before age 19 in Colorado:
1. Review of Court Order
- First, review the existing court order concerning the child’s support to understand the specific terms of the agreement. The order will often indicate the age at which child support is expected to end, typically 19 years old, unless certain exceptions apply.
2. Valid Reasons for Termination Before Age 19
- Child support may end before age 19 under certain conditions:
- Graduation from high school: Child support may end early if the child graduates before turning 19 and does not pursue further education.
- Change in physical or mental condition: In rare cases, if a child’s needs or dependency changes significantly, child support may be modified or terminated.
- Graduation from high school: Child support may end early if the child graduates before turning 19 and does not pursue further education.
3. Filing a Motion to Terminate Child Support
- If you believe one of the valid reasons applies, you must file a formal motion with the court. This is the process:
- Draft a Motion to Terminate Child Support: This is a written request asking the court to end the support obligation early. The motion must include the reason for early termination and supporting evidence.
- File with the court: Submit the motion to the same court that issued the original child support order. Ensure you follow the local filing procedures.
- Notify the other parent: Serve the other parent with a copy of the motion. Colorado law requires proper notification to all parties involved.
4. Supporting documentation
- The following documents should accompany your motion:
- Proof of emancipation or other valid reason (e.g., military enlistment papers, marriage certificate, death certificate, or proof of self-sufficiency).
- School records: If you’re requesting termination based on high school graduation, provide records showing the child has graduated.
- Affidavits or statements: In some cases, personal affidavits or statements from witnesses can help support the claim for early termination.
5. Court Hearing
- After filing the motion, the court may schedule a hearing where both parties can present their case. Be prepared to explain why the support should be terminated and provide evidence to support your claim.
6. Judicial Decision
- The judge will review the case and decide whether to grant the motion. If granted, the judge will issue an order terminating child support before age 19.
7. Updating Records
- Once the court has approved the termination, ensure that agencies handling child support payments (like the Colorado Child Support Services office) are informed to update their records and stop withholding payments.
Our team at Moran, Allen & Associates Family Law helps gather these documents and guide parents through each step to modify child support obligations correctly under Colorado law.
FAQs
Child support typically continues until the minor child reaches 19, which is considered the age of emancipation in Colorado. However, certain circumstances can lead to an earlier or later end.
In cases with multiple children, the non-custodial parent’s obligation to pay support ends when the youngest or last child reaches 19.
Yes, indeed! Unpaid child support could result in one parent enforcing child support orders against another and may lead to income assignment or other legal measures.
Certainly! If a young adult is physically disabled or still attending high school (or an equivalent program), financial assistance from non-custodial parents might extend beyond their nineteenth birthday.
If your last or only minor child joins active military duty before turning nineteen, congratulations, they’ve reached financial independence early! You no longer need to provide financial support through regular payments.
