Q: Two months ago, my son turned 18 and also went off to college. Do I still have to pay child support to my ex-wife?
My divorce decree says I have to pay child support until he turns 19 or emancipates under Colorado law. He's living full-time on campus independently, and I'm paying his college, including tuitions, room and board. Thank you for your help.
A: Unfortunately, him going off to college does not automatically terminate your duty to pay support. If he is never going back to live in his mother's home, say on breaks or for the summer, you could argue that support should be redirected to him. Generally, the presumption would be that because the other party still maintains a room, etc. for the child that support should still be paid. The presumption would also be that funds you provide are benefitting the child. You might consider talking to the other party about modifying orders to indicate that the tuition, room, and board payments count as child support. Getting out of the duty to support is unlikely. Restructuring things might be possible.
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