Q: Do you continue to pay child support until child is 19 if child lives with you full time when they turn 18?
I understand in CO a child is typically emancipated at 19. If the child decides to live with you full time when they turn 18, do you still have to pay child support to the other party even though the other party has no overnights with the child? Also, what if the child decides to move out of state when they turn 18 and live with friends/family and finish high school out of state. Do you still pay child support?
A: If the child starts living with you at age 18, you can ask the court to modify child support. The other parent may owe you support at that time. However, you need a court order to do this. The existing order remains in effect until the court changes it. You should get a lawyer to help you with this.
A: You can always request a modification upon a substantial and continuing change of circumstances resulting in a 10% or more change in support. As far as the child living with friends out of state, that does not constitute emancipation. Events such as marriage or military service do result in emancipation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
