Child Support and Emancipation in Colorado

Expiration of Child Support

According to Colorado law, all child support comes to an end when the last child reaches the age of 19. This happens without any legal formality and does not require any notification. It's just assumed to have stopped. At this age, the child is said to have become emancipated. However, there are five conditions under Colorado Springs family law when child support can still continue after the above age. We will deal with them one by one.

Written Agreement

If both parties decide to continue support the child after the age of 19, then maintenance can continue for as long as agreed upon. This agreement which must be in writing is between the two parents and can lay down any set of reasons for the continuance of maintenance.

When the child is disabled

Under special circumstances when the child is either physically or mentally disabled, the judge can authorize child support to continue beyond the age of 19. The support will include all medical payments as well as insurance if necessary. The duration of this support after the age of 19 is left to the discretion of the judge.

When education is ongoing

If the child is in high school when he or she turns 19, support continues up to the month after graduation. There is also a special circumstance where the child drops out of high school and then re enrolls later on. In this case as well, child support will continue till the month after graduation. However, this ceases to hold true as soon as the child reaches the age of 21.

Marriage

It is presumed that the child has reached the age of emancipation when he or she gets married. However, the law provides for the reinstatement of child support in case the marriage ends for whatever reason. In this situation, support will continue till the age of 19 when none of the other criteria are fulfilled.

Enrollment in the Military

If the child goes into active military duty, child support is no longer needed.

Hiring a Colorado Springs Family Law Attorney

When deciding to negotiate child support payments with your ex spouse, it's very important to have an experienced attorney who will help you cover all contingencies and look out for your interests. Chances are that the other party will have their own attorney and you can be at a serious disadvantage without one. Contact our Clawson & Clawson associates for a free initial consultation.