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.
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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.
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