If you are paying child support in Colorado, you may be wondering when you can stop payments. The short answer is age 19, but the exceptions run in both directions, and the way you stop matters as much as when.
This page covers the rule, the exceptions, and the steps to close out an order cleanly.
What Is Child Support?
Child support payments are usually made by one parent to the other to cover a child’s basic needs, including shelter, meals, clothing, and school-related costs. In some situations, support also covers items that enrich the child’s life, such as sports, lessons, and camps.
Colorado child support laws set the amount through the guidelines in C.R.S. § 14-10-115, based on both parents’ incomes and the parenting schedule.
Child Support in Colorado Ends at 19
Many states end child support at 18. In Colorado, for orders entered on or after July 1, 1997, emancipation occurs when the last or only child turns 19, unless a statutory exception applies.1 Support then ends without either parent filing a motion, and the exceptions are listed below.
When Child Support May Be Extended
Support can continue past 19 in a few defined situations:
- Still in high school: If the child is still in high school or an equivalent program at 19, support continues until the end of the month following graduation, but not beyond age 21. A child who drops out and later re-enrolls regains support on re-enrollment, subject to the same age 21 limit. A concurrent enrollment program does not count as an equivalent program, and a child in one is emancipated once the local high school graduation requirements are met.
- Disability: If the child is mentally or physically disabled, the court or the delegate child support unit may order support to continue beyond 19. Raise this before the 19th birthday rather than after.
- Written agreement: Parents can agree in a written stipulation to continue support beyond 19 or to provide for post-secondary education. The court can approve and enforce that agreement, but no statute requires a parent to pay for college.
- Annulled marriage: If a child’s marriage ends in annulment, dissolution, or a declaration of invalidity, support may be reinstated.
When Child Support May End Before 19
A child can be emancipated before 19, which ends support early:
- Marriage: A child who marries is emancipated as of the date of the marriage.
- Active military duty: A child who enters active military duty is emancipated.
- Court finding: A court can find that a child is otherwise emancipated, for example a teen who is fully self-supporting and living independently. This is a finding the court makes on evidence, not something that happens automatically when a child gets a job.
- Written agreement: Parents can stipulate in writing to a different end point.
When Child Support Ends Automatically
Termination happens automatically, with no motion required, when the youngest child covered by the order turns 19 and no exception applies. If an older child turns 19 but the order covers younger children, the obligation does not recalculate itself. You must file for a modification before you change what you pay.
Working out whether an exception applies, and how to adjust an order that still covers younger children, is the kind of question a short conversation answers. Johnson Law Group offers a no-pressure consultation, so schedule a consultation before the birthday arrives.
A Checklist for Closing Out a Support Order
Ending support is a process, not a date. Work through these items as the end date approaches:
- Read the order: Confirm the termination terms the order itself sets, including any agreed extension.
- Income assignment: If support is withheld from your pay, the withholding does not stop by itself. Ask the court or the child support unit for the termination notice your employer will need.
- Family Support Registry: If payments run through the registry, confirm the account reflects the termination so payments stop posting.
- Arrears: Any unpaid balance does not disappear when current support ends. Arrears remain collectible, so get a statement and a plan for any balance.
- Younger children: If the order covers more than one child, file to modify rather than reducing payments on your own.
Modifications of Child Support
Situations that affect your ability to pay may also call for a modification. These include losing your source of income, a change in parenting time, a new job with higher income, or a child reaching one of the exceptions above. If you believe the amount is unfair, you can also ask the court for a deviation from the guideline, which requires findings.
Some changes do not qualify, and remarrying and taking on stepchildren is not a basis to reduce support. A parent’s death raises separate questions about the estate and any life insurance the order required. Get advice promptly rather than assuming the obligation ended.
If You Stop Paying Child Support
If you stop paying while you are still obligated, the unpaid amount accrues as arrears until you bring the account current. Colorado can collect arrears by intercepting tax refunds, seizing bank funds, reporting the debt to credit bureaus, and suspending a driver’s license. Income assignments can reach wages, retirement benefits, and unemployment pay.
Instead of stopping payments, ask the court for a modification if your circumstances have changed.
Contact an Experienced Family Law Attorney Today
Your rights around modifying or ending support depend on the facts of your order and your child’s situation. Johnson Law Group is here to help.
The attorneys at Johnson Law Group can tell you whether an exception applies and will give you a clear read before you change a payment. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.