Westminster, CO asked in Child Support and Family Law for Colorado

Q: My daughter is 18 years old and has graduated high school, she starts college soon. Am I still obligated to pay support?

I have a current order and an arrears payment. My daughter is moving out and getting her own apartment and her mother has moved out of state. Is my daughter considered emancipated?

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Termination of support requires court approval. If you incorrectly terminate support without court approval, you will be subject to interest and penalties like a normal non-paying parent. Based on your facts, the child MAY be emancipated (Justia's Q&A cannot provide legal determination because no attorney-client relationship is created), so future payments may not be due. However, the arrears plus all interest/penalties are still due regardless of the age of the child.

For all the details you will need to contact an attorney directly. Expect to pay for the advice.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: Your daughter is not automatically emancipated and more information is needed to thoroughly answer your question or assess your situation. Child support in Colorado ends at 19. If your daughter is self sufficient and will not be receiving money from her mother there is a possibility you could have her declared emancipated for child support purposes, which would necessitate the filing of a motion. However, if her mother is providing financial assistance and/or your daughter will be living with her on breaks, etc., for more than 30 days in a calendar year, then emancipation becomes much less likely. Again, there is nothing automatic and until something is done through the court you would need to continue paying.

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