Q: If my child will be 19 on July 5th and he took a year off from college but plans on attending before child support end
Does my ex still owe child support until he's done with school or 21 whichever comes first?
A: Support orders entered after 1991 in Colorado end on emancipation (which is usually 19). The emancipation can be extended to 21 if the child remains in high school (not post-secondary education). Note, emancipation for support consideration is not the same as legal majority (which is 18 in Colorado). Review the support agreement because terms can be modified to cover post-secondary education.
John Hyland Barrett III agrees with this answer
A:
Under Colorado law, child support terminates upon a child reaching the age of 19 unless they fall within certain exceptions which are (1) parties agreed otherwise in writing, (2) the child is mentally or physically disable, (3) the child is still in high school at the time he turns 19, then it terminates at the end of the month of graduation.
Unfortunately, without having an agreement in place regard payment beyond the 19th birthday, you can expect that it will terminate on his birthday.
If you would like to discuss your situation, please do not hesitate to contact me.
Carolyn Duncan, Carolyn Moller Duncan, P.C.
Phone No: 303-394-2358
Email: Carolyn@duncanlegal.com
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