When someone is required to pay child support in Colorado, similar to other states, the payments can be high. Because of this issue, there are many individuals paying child support who would like to drop or discontinue those payments as soon as possible.
Although many individuals presume that child support payments will automatically terminate when certain conditions are met, this is not always the case. An individual’s obligation to pay child support is terminated when their child:
- Gets married
- Reaches the age of majority
- Passes away
- Leaves for undergraduate studies
It is important to be aware that there are certain situations in which the child support payment requirement will continue after a child reaches the age of majority, such as if the child is disabled. In the state of Colorado, a child is entitled to receive child support until they are 18 years of age.
If there are certain conditions, however, a child can be emancipated before reaching the age of 18, including if the child:
- Becomes self-supporting
- Gets married
- Is in the military
In certain cases, a child can be considered emancipated if they are older than a certain age, will not obey their parents’ reasonable commands, or if they leave their parents’ home. Once a child becomes emancipated, it means they are able to manage their own affairs and they are self-supporting.
When this happens, the parent making the payments may be able to stop child support. If a parent thinks their situation meets the requirements to stop child support in Colorado, they should reach out to a local attorney in Colorado for assistance with the process.
It is very important to be aware that the paying parent cannot stop making the required child support payments until the court issues an order stating they are no longer required to make them. If they stop payments without an order, they may face legal consequences.
When Is Child Support Ordered?
When parents in Colorado divorce or separate, the court might order one parent to fulfill their legal obligations to their child by making child support payments. Child support payments are often made on a monthly basis for the benefit of the minor child.
Child support payments are not intended to be used by the receiving parent. Instead, they are intended to help provide for the basic needs of the child, including clothing, housing, and food.
Each state may have its own guidelines, frameworks, or formulas for calculating child support. Typically, the calculation will be based upon the gross income of the parents.
In some cases, retroactive child support may be ordered if the paying parent failed to pay their child support in the past. If the paying parent believes they have a valid reason to terminate their payments, they should reach out to a lawyer who can file a petition on their behalf.
The court will review the circumstances and issue an order that is based on the best interests of the child, stating whether child support payments should continue or stop.
How Is a Child Support Award Enforced?
When a court issues a child support order, that order will be legally binding on both of the parents. This means that the order will be enforceable in court.
If a paying parent fails to make the required payments, the receiving parent can consult with a family law attorney for assistance in enforcing the child support order. If the paying parent still does not make the required payments, they can face serious consequences, such as:
- Suspension of a business license
- Seizure of property
- Imprisonment
A child support order can be enforced in a different state if the parent who makes payments moves outside of that state. The Uniform Interstate Family Support Act (UIFSA) provides parents with options when they are attempting to enforce a child support order in a different state.
How Can I Avoid a Child Support Increase?
Child support payment amounts may increase if a material change in circumstances has occurred. When a material change occurs, a receiving or paying parent can request a modification of the child support order based on that change.
Examples of things that may qualify as material changes in circumstances include:
- Changes in income: If a parent has had an income change due to:
- reduced working hours
- a new job
- other reasons
- Custody or visitation changes: If there is a change in child visitation or custody.
- This can apply if there is a change in primary custody change or the parent who is making the child support payments is awarded greater custody rights over their child.
- Family size changes: If the size of the paying parent’s family changes.
- Medical emergencies or unexpected needs: If a parent or child has an unexpected change in their needs, such as a medical emergency.
- Deployment or incarceration: If the paying parent becomes incarcerated or is deployed in the military.
A court may change, or modify, the current child support order so that it will reflect the material change in circumstances. The paying parent should have legal representation to help ensure that their payments are not increased unfairly.
When reviewing modification requests, the court will follow the child’s best interests standard to determine the proper amount for the child support payments. This can include the court reviewing several factors, such as:
- The child’s well-being
- Their physical state
- Mental state
- Religious or cultural preferences
How Can I Stop Paying Child Support?
A child’s parents cannot agree together to waive child support payments. To stop making payments, the paying parent will need to show a material change in circumstances has occurred since the child support order was issued or that the child has met the requirements discussed above.
If the paying parent is awarded primary custody of their child, for example, they can then petition the court to terminate their child support payments. There may also be additional reasons to close child support cases, including those listed above.
Do Child Support Payments End Automatically?
No, child support payments do not typically end automatically. A paying parent must reach out to a Colorado lawyer for more information on how to stop child support in their specific situation.
How to Get Child Support Arrears Dismissed
Child support arrears are monetary amounts that a paying parent owes which are unpaid or overdue. This parent who receives child support can get help from governmental agencies or law enforcement to collect their support payments if they are having issues.
Each state has its own government agencies or law enforcement departments for enforcing child support orders and assisting receiving parents with collecting their past-due child support amounts. A lawyer can help the paying parent submit their motion to dismiss their child support arrears and assist with any other issues related to child support.
Do I Need a Lawyer for Help with Terminating Child Support?
You may be interested in determining if you are eligible to terminate your child support payments or if your child’s other parent may be eligible. In these situations, it is very important to consult with a Colorado child support lawyer. LegalMatch can help connect you with the right child support attorney for your case.
If you are a paying parent who is eligible for child support payment termination, your lawyer will file a petition in the proper court to terminate your obligations. The court may hold a hearing allowing both sides to present evidence that the requirements are or are not met.
If you are the paying parent, you must keep making your required payments until the court has issued an order stating that you do not have to do so. Your attorney can help you if you are having issues making your child support payments or collecting your payments from your child’s other parent.
