Asked in Family Law, Child Support and Child Custody for Colorado

Q: My son is 18 and moved from mom's house to mine. Can I file to term support of do I also file mod of parenting time?

Mom and he agreed it was not good for him to continue living with her but I am still paying child support although paying 100% of his support to live at my house. He has been with me 30 days now and has no intention of moving back with his mom. The online help is unclear as he is now an adult so I don't know if I can file to term support alone or if it must incorporate the change in parenting time.

2 Lawyer Answers
Stephen J. Plog
Stephen J. Plog
Answered
  • Divorce Lawyer
  • Denver, CO
  • Licensed in Colorado

A: Child support runs until age 19. As such, you should either file a motion to terminate or modify child support. If your son is newly 18, you could seek support from the mother. A modification or termination of support should be retroactive to the day a motion is filed, so you should consider filing quickly. For custody purposes, your son is an adult and there is nothing for you to file in that regard.

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Divorce Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: You do not need to file to change parenting time since your son is a legal adult. However, you can file for a modification of child support (which runs to age 19) based on the change in residence.

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