Child Support

[gonzales:j]

What is the name of your state (only U.S. law)? Colorado
I have been paying child support for my 17 year old son for a few years now, his father and I made some what arrangments so that we would not have to take this to court, so I keep records of everything I pay for my son. Lately Dad turned me in to Soical Servies for child support and using this against me, if I don't pay him when calls he threathen that he can turn the paper work in so that I will pay more money. I'm tired and really can't afford to pay a higher payment. My son has one more year of high school left but is signing up for the National Guards he is going to boot camp this summer before his Senior year, do I still pay until after he graduates high school? How does that work as far as the military? Also what can I do with Dad?

[sanctusangelus]

Being the father of two daughters who should rightfully be with me, I would have to say that your ex is trying to do a "this is my payback " mentality which is totally uncalled for.

This is going to be tough for me to say, but your ex is being an ass. Unless there is something is your past that we don't know about, and I am sure that there is plenty, he is just trying to exact revenge.

Just did a little research and I found this:

"The child support obligation in Colorado is owing until the child's emancipation, which is generally the earliest of the child turning 19, marrying, joining the military, or graduating from high school and becoming self-sufficient, or death." Source: [url=http://www.colorado-family-law.com/child-support.htm]CO Child Support | Colorado Divorce & Family Law Guide[/url]

He is joining the military at the age of 17, therefore, he would be emancipated. I am not a lawyer, I am just reading the law. There might be some technicalities, but as far as I am concerned, as soon as he raises his right hand for Uncled Sam, he is emancipated.

Ultimate question: Why are you now paying the child support? What happened? PM me if you don't want it out in the open.

[LdiJ]

Originally Posted by sanctusangelus

Being the father of two daughters who should rightfully be with me, I would have to say that your ex is trying to do a "this is my payback " mentality which is totally uncalled for.

This is going to be tough for me to say, but your ex is being an ass. Unless there is something is your past that we don't know about, and I am sure that there is plenty, he is just trying to exact revenge.

Just did a little research and I found this:

"The child support obligation in Colorado is owing until the child's emancipation, which is generally the earliest of the child turning 19, marrying, joining the military, or graduating from high school and becoming self-sufficient, or death." Source: [url=http://www.colorado-family-law.com/child-support.htm]CO Child Support | Colorado Divorce & Family Law Guide[/url]

He is joining the military at the age of 17, therefore, he would be emancipated. I am not a lawyer, I am just reading the law. There might be some technicalities, but as far as I am concerned, as soon as he raises his right hand for Uncled Sam, he is emancipated.

Ultimate question: Why are you now paying the child support? What happened? PM me if you don't want it out in the open.

I am going to disagree with you on this one. He is joining the National Guard but that is not a full time job. That is NOT an emancipating event. Joining the military on a full time basis would be an emancipating event, but joining the National Guard is not.

[legalbeagle22]

In most states joining the armed forces is a condition which could be considered emanicpation. Does joining the NG meet that requirement? You'd have to go to court to get a ruling. There was not a lot of case law on the subject, however in an Indiana case (Lawson v. Lawson, No. 27A02-9801-CV-8) the judge ruled that a minor child enlisting in the NG did not create a legal condition of emanicpation.

Your ex-husband does have the right to seek child support collected through the state, however, CSE is not to be used as a weapon against an former spouse. If you have good payment records you shouldn't have a lot trouble during that process. In cases where welfare repayments are not involved however you might find that your child is past CS collection age by the time an order comes around.

[Ohiogal]

Originally Posted by legalbeagle22

In most states joining the armed forces is a condition which could be considered emanicpation. Does joining the NG meet that requirement? You'd have to go to court to get a ruling. There was not a lot of case law on the subject, however in an Indiana case (Lawson v. Lawson, No. 27A02-9801-CV-8) the judge ruled that a minor child enlisting in the NG did not create a legal condition of emanicpation.

Your ex-husband does have the right to seek child support collected through the state, however, CSE is not to be used as a weapon against an former spouse. If you have good payment records you shouldn't have a lot trouble during that process. In cases where welfare repayments are not involved however you might find that your child is past CS collection age by the time an order comes around.

An Indiana case is irrelevant as the OP is in COLORADO. Indiana law is therefore not precedent. And many states say that anything paid outside of CSE is considered a gift.

[sanctusangelus]

As a former member of the military, namely the National Guard in TX with a couple of tours under my belt: YES the NG is a branch of the military. You raise your right hand to not only the Country, but to your state.

So - as far as the law is concerned (in my opinion, which is not bar certified) - that would be joining the military.

[Ohiogal]

Originally Posted by sanctusangelus

As a former member of the military, namely the National Guard in TX with a couple of tours under my belt: YES the NG is a branch of the military. You raise your right hand to not only the Country, but to your state.

So - as far as the law is concerned (in my opinion, which is not bar certified) - that would be joining the military.

It would not emancipate the child most likely. The reason being: the child doesn't leave for boot camp until turning 18. ETA: Also Title 14 Article 10 of the Colorado statutes -- the child has not graduated from high school yet.

[LdiJ]

Originally Posted by legalbeagle22

In most states joining the armed forces is a condition which could be considered emanicpation. Does joining the NG meet that requirement? You'd have to go to court to get a ruling. There was not a lot of case law on the subject, however in an Indiana case (Lawson v. Lawson, No. 27A02-9801-CV-8) the judge ruled that a minor child enlisting in the NG did not create a legal condition of emanicpation.

Your ex-husband does have the right to seek child support collected through the state, however, CSE is not to be used as a weapon against an former spouse. If you have good payment records you shouldn't have a lot trouble during that process. In cases where welfare repayments are not involved however you might find that your child is past CS collection age by the time an order comes around.

Joining the National Guard obligates someone for one weekend a month and two weeks a year duty, unless they get deployed...and the National Guard cannot deploy 17 year olds except in incredibly dire circumstances...and 17 year olds didn't get deployed for 9/11 or for Katrina, so it has to be more dire than either of those events...

Therefore, joining the National Guard is no different than any part time job that a 17 year old might have.

Therefore its absurb to even think of it as an emancipating event.

[Blue Meanie]

Originally Posted by legalbeagle22

A judge can go pretty much where ever he wants to look for precedent, it may not carry the same weight as if it were ruled upon by a federal judge or a higher Colorado court. However, a judge may certainly look to it as precedent. I take you have no legal experience. Any judge issuing a ruling on any subject is going to take a wide look at any precedent he can find to get a feel for whether his ruling might be over turned. It may not be binding, but it's certainly a source that there is a precedent in which a court ruled on a very similar case. The trial lawyers in such a case would without a doubt bring up the Indiana verdict as precedent. If they didn't they shouldn't be in a court room.

Ohiogal is a site verified attorney/GAL, who works in Family/Juvenile court. What is your legal expertise??

[Ohiogal]

Originally Posted by legalbeagle22

A judge can go pretty much where ever he wants to look for precedent, it may not carry the same weight as if it were ruled upon by a federal judge or a higher Colorado court. Of course there are no federal rulings in family court issues. However, a judge may certainly look to it as precedent. I take you have no legal experience. Any judge issuing a ruling on any subject is going to take a wide look at any precedent he can find to get a feel for whether his ruling might be over turned. It may not be binding, but it's certainly a source that there is a precedent in which a court ruled on a very similar case. The trial lawyers in such a case would without a doubt bring up the Indiana verdict as precedent. If they didn't they shouldn't be in a court room.

It is not binding precedent and it matters not what someone does in another state as state laws vary.

I will correct something I said incorrectly. 17 year olds can attend boot camp:

Split-Option Enlistment
A second and very popular option for high school juniors is the Split Option Enlistment. As a junior in high school, you can enlist in the Army National Guard and not interrupt your high school education. You start by attending basic training the summer after your junior year. You will return home in time for school to begin your senior year in the fall. When you return, you will train one weekend per month with your local Army National Guard unit. The summer following your high school graduation, you will attend advanced individual training in the specialty you chose when you enlisted. In most cases, you will return in time to start college in the fall. If you are at least 17 years old, you can take advantage of the split option enlistment program.

But you are out of line if you think Indiana case law matters in a Colorado case.

[LdiJ]

Originally Posted by baystategirl

Ohiogal is a site verified attorney/GAL, who works in Family/Juvenile court. What is your legal expertise??

While I don't disagree with you at all...legalbeagle makes some very valid legal points.

[legalbeagle22]

Originally Posted by sanctusangelus

As a former member of the military, namely the National Guard in TX with a couple of tours under my belt: YES the NG is a branch of the military. You raise your right hand to not only the Country, but to your state.

So - as far as the law is concerned (in my opinion, which is not bar certified) - that would be joining the military.

I know NG members get a bit touchy about this subject, but there's a huge difference here: somone joining the NG, or a reserve of one of the military branches, goes to basic training during the summer. Then they come home save for a weekend per month and are generally not eligable to be deployed. This is compared to someone joining the active duty military, going to basic training at any time a class is formed. From there going to advanced individual training which goes on to a posting and a full time job with financial independence.

[Ohiogal]

Of course there are no federal rulings in family court issues.

Hey legal -- just out of curiosity -- where did you get there are NO federal rulings in family court issues. I can think of quite a few. Troxel is one.

[legalbeagle22]

Originally Posted by baystategirl

Ohiogal is a site verified attorney/GAL, who works in Family/Juvenile court. What is your legal expertise??

Verified by whom? I can cliam to be the King of Jiberjaber, can't really be proved or disproven for that matter. Thing about the internet, take everything with a huge grain of salt. Doesn't mean you can't get good information, but take everything with a huge grain of salt.

[Blue Meanie]

Originally Posted by legalbeagle22

I know NG members get a bit touchy about this subject, but there's a huge difference here: somone joining the NG, or a reserve of one of the military branches, goes to basic training during the summer. Then they come home save for a weekend per month and are generally not eligable to be deployed. This is compared to someone joining the active duty military, going to basic training at any time a class is formed. From there going to advanced individual training which goes on to a posting and a full time job with financial independence.

Again, post your legal qualifications.