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Generally, parents are obligated to provide child support until a child is emancipated. For child support orders entered in Colorado after July 1, 1997, emancipation occurs and child support terminates when a child turns 19. That is, unless one of the following conditions exists: 1) The parties agree otherwise in a written stipulation; 2) If the child is mentally or physically disabled, the Court may order support, including payments for medical expenses or insurance to continue beyond the age of 19; and/or 3) If the child is still in high school or an equivalent program, support will continue until the end for the month following graduation. (See Colorado Revised Statutes, § 14-10-115 (1.6).)
This fact may certainly come as a surprise to single parents that find themselves still supporting (and suddenly with no assistance) an “emancipated” child who still lives, and eats, at home! Knowing the age of emancipation in advance can assist parents in making sound financial plans if experiencing or contemplating divorce.
In certain circumstances, a child can be deemed emancipated, and an obligation to provide child support can terminate, even before a child reaches the age of 19. There is not one determining condition or fact that will guarantee a Court will find your child emancipated before the age of 19. Generally, this will depend on the degree of independence the child has acquired (to be distinguished from the degree of independence the child thinks they have or deserve!). If you believe your child has become an independent, self-sufficient person prior to his or her 19th birthday, a discussion with a competent, experienced attorney can assist you in deciding whether you have good cause to ask the Court to terminate your child support obligation.
Finally, even if your child is not emancipated, if he or she is earning an income, that income may, in certain circumstances, lower your, or the other parent’s, child support obligation.
It is important to remember that if you think your, or the other parent’s, child support obligation should terminate or be reduced because a child is emancipated or earning an income, then you should speak to an experienced attorney and determine how to move forward to protect your rights.
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