Q: My son is 18 and a half. Im not sure how to file for divorce in Colorado. Do I file "with children" or "without"?
My son is not in school full time.
A: Check with the clerk when you file, but as a general rule you should file "with children" (child support can continue to 19 or older if disabled). It is possible that the child will reach 19 before the divorce is final, but retroactive child support may still apply. If you have even remotely decedent relations with your ex, it may be worthwhile to discuss this matter with them because either choice introduces complexity into a case that can best be resolved by an agreement between parties (i.e. you do not have to create a parenting plan for temporary orders that lasts for 1-3 months).
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A: You would still file the case as "with children." For custody purposes your son is an adult and the court has no jurisdiction over that issue. However, because he is under 19, the court still has jurisdiction for child support purposes. Him being in school or not does not matter, unless he is under 21 and still in high school.
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