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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
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My devorice degree says im to pay tell my son is 18.He is going

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My devorice degree says im to pay tell my son is 18.He is going to a commuity collage out of state, he is paying for it with his student loan and paying for his housing. Has any law change that i have to still pay his mother support till he is 21 or out of school. His mother is not paying for anything and im not eaither. thanks

Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information.

 

There is no law in Colorado that says you have to pay child support until he is 21 or out of college.

 

Generally, (absent a court order that provides otherwise) the child support obligation in Colorado is owed until the child's emancipation, which is normally the earliest of the child turning 19, marrying, joining the military, or graduating from high school and becoming self-sufficient, or death.

 

In rare cases, child support may extend beyond the child's 19th birthday, such as the child still being in high school or equivalent (support continues until the month after graduation), or the child being physically or mentally unable to support himself or herself (in which case a court may continue support indefinitely).


For child support orders entered after July 1, 1997, the support obligation terminates automatically once the last child reachesXXXXXorder to the contrary. C.R.S. 14-10-115(1.6).

 

If your court order says that you have to pay until he is 18, and he is already 18, then the obligation should have stopped. If he is not yet 18, but already attending college and living on his own, an argument to terminate support can be made on the premise that he has emancipated himself and is living independently.

 

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