emancipation

[Nursecolo3]

What is the name of your state? Colorado
My husband pays $518 per month child support for two children. The oldest child is 18, and has moved into her own apartment. The younger child is 17, is not in school, and works a full time job. My question is...If the older child has moved out, does the child support get divided in half? Someone told me that we still have to pay the full support, even though the older child is not living in the home anymore. Is this true?
Thanks

 

[HomeGuru]

What is the name of your state? Colorado
My husband pays $518 per month child support for two children. The oldest child is 18, and has moved into her own apartment. The younger child is 17, is not in school, and works a full time job. My question is...If the older child has moved out, does the child support get divided in half? Someone told me that we still have to pay the full support, even though the older child is not living in the home anymore. Is this true?
Thanks

**A: what does the agreement and court order state? That's what you follow.

 

[Nursecolo3]

The court order is very vague. It says that "$518 per month will start in Sept. 1997, and continue thereafter until the child atains age 19, marries, dies becomes emancipated, enter the military service or until further court order". The order refers to "the child", so I'm not clear on what this means.

 

[Neal1421]

The court order is very vague. It says that "$518 per month will start in Sept. 1997, and continue thereafter until the child atains age 19, marries, dies becomes emancipated, enter the military service or until further court order". The order refers to "the child", so I'm not clear on what this means.

Does the order include the other child?

 

[Nursecolo3]

No. The order only refers to "the child". Everywhere else in the document, the kids are referred to as "the children", or by their given name.

 

[HomeGuru]

the order is not vague to me at all. CS is $518/month. End of story.

 

[Nursecolo3]

I know that c/s is $518 per month....I'm asking when does it end. I'm not trying to be difficult, but why do you pay child support to the mother for a child that doesn't live with her anymore, and is out on her own? That is what I'm trying to clarify.

 

[mb94]

It seems simple enough. Prove that one of those things has happened and you can stop paying. The child isn't aged 19, isn't dead, isn't legally emancipated, and isn't in the military service so you can go to court and try and get a new order.

 

[Nursecolo3]

emancipated

At 18 years old, she is legally emancipated.

 

[Neal1421]

Is the 18 year old supporting her/himself or is he/she in college and living away from home?

 

[Nursecolo3]

She is living in her own apartment, working a full time job. She does not go to school. She dropped out of school when she was in 9th grade.

 

[Silverplum]

NurseColo, I have answered this question several times lately, with specific info on emancipation in Colorado. Run a search, follow the links.

The CS does not divide in half. You have to re-run the numbers for 1 kid. Don't change payments till you have a court order signed by a judge/magistrate. You have to file for emancipation. It's easy.

 

[Nursecolo3]

Thank you for that answer. That's all I needed to know. Like I said before, I'm not trying to be difficult, but the orders aren't very clear. I just feel slighted paying child support to this particular mother, when her child isn't living there anymore. I would rather give the money to my step-daughter, and help her get on her feet. This has been a very sticky situation. It's actually very sad.

Thanks!

 

[Silverplum]

You're welcome.