Your Legal Questions Answered
My ex wife is claiming that my 25 year old daughter has a mental disability however has not been successful in getting the government to pay disability. I am still paying child support even though my daughter is working up to 30 hours per week at $23/hr. I feel my obligation has already been fulfilled and that my ex wife is taking advantage of me.
Parents in Colorado are generally obligated to support their children until they reach the age of 19. However, in cases where the child has a physical or emotional disability, the obligation to provide support may continue beyond this age. The court has jurisdiction to order post-minority support for a disabled child if the child was unemancipated and remained dependent on her parents for support See, Koltay v. Koltay, 667 P.2d 1374 (Colo. 1983). This means that the child's attainment of the age of 19 only creates a presumption of emancipation, and the court can determine whether the child is still dependent on her parents for support.
So, if a child is not physically or mentally capable of self-support, the child is not emancipated, and the duty of parental support continues for the duration of the disability. Therefore, to terminate child support for a disabled child who is 25 years old, it may be necessary to demonstrate that the child is now capable of self-support, thereby establishing their emancipation.
If you are currently being ordered to pay child support, you will require a court order to modify the payments. Given the complexity of your case it's imperative that you speak with an attorney as soon as possible.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
for? Ask a laywer