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

Q: My ex-husband and I would like to terminate child support and are filling out the form ourselves.

We have a special needs son that we agreed to support as long as he lives in one of our homes. However, child support is going to interfere with Medicaid/SSI (particularly SSI). If we list the reason to support termination as: it is in his best interest as it could interfere with benefits (Medicaid and SSI), will they deny it?

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1 Lawyer Answer
Sabra M. Janko
Sabra M. Janko
PREMIUM
Answered
  • Colorado Springs, CO
  • Licensed in Colorado

A: Unfortunately no one can tell you what a court will decide. Child support is considered the right of the child and it is not likely that a court will deprive a child of support so that the child can qualify for public assistance. Additionally the state has an interest in obtaining child support so that the state does not have to fund the child's medical care. It is not likely that Child Support Enforcement will agree to a waiver for that reason.

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