Can I pay child support directly to my daughter?
Full Question:
Answer:
The answer will depend in part on the terms in the divorce decree regarding child support. Typically, child support orders in Colorado require support payments until the child turns 19. In some states, it is possible for the court to order support past the age of majority. Colorado recognizes post-secondary education expenses as a reason to extend parental support obligations until a child turns age 21 or completes his undergraduate studies, whichever occurs first. If a court determines it appropriate for parents to contribute to a child's post-secondary education, the family court judge must terminate any existing child support order and replace it with an order requiring the parents to contribute to the child's education expenses. By law, these expenses include college or vocational school tuition, books, and fees. Orders may also include payment for health insurance or medical expenses.
Child support refers to the sum that the noncustodial parent must pay to the custodian. This money serves as a parental contribution for the child's basic living expenses, such as food, clothing, shelter, health care, and education. When a court orders a parent to pay child support, the parent must pay directly to the child's custodian rather than directly to the child
The following is the relevant portion of a CO statute:
(13) Emancipation. (a) For child support orders entered on or after
July 1, 1997, unless a court finds that a child is otherwise emancipated,
emancipation occurs and child support terminates without either party
filing a motion when the last or only child attains nineteen years of age
unless one or more of the following conditions exist:
(I) The parties agree otherwise in a written stipulation after July 1,
1997;
(II) If the child is mentally or physically disabled, the court or the
delegate child support enforcement unit may order child support, including
payments for medical expenses or insurance or both, to continue beyond the
age of nineteen;
(III) If the child is still in high school or an equivalent program,
support continues until the end of the month following graduation. A child
who ceases to attend high school prior to graduation and later reenrolls is
entitled to support upon reenrollment and until the end of the month
following graduation, but not beyond age twenty-one.
(IV) If the child marries, the child shall be considered emancipated as of
the date of the marriage. If the marriage is annulled, dissolved, or
declared invalid, child support may be reinstated.
(V) If the child enters into active military duty, the child shall be
considered emancipated.
(b) Nothing in paragraph (a) of this subsection (13) or subsection (15)
of this section shall preclude the parties from agreeing in a written
stipulation or agreement on or after July 1, 1997, to continue child
support beyond the age of nineteen or to provide for postsecondary
education expenses for a child and to set forth the details of the
payment of the expenses. If the stipulation or agreement is approved by
the court and made part of a decree of dissolution of marriage or legal
separation, the terms of the agreement shall be enforced as provided in
section 14-10-112.
(14) Annual exchange of information. (a) When a child support order is
entered or modified, the parties may agree or the court may require the
parties to exchange financial information, including verification of
insurance and its costs, pursuant to paragraph (c) of subsection (5) of
this section and other appropriate information once a year or less
often, by regular mail, for the purpose of updating and modifying the
order without a court hearing. The parties shall use the approved
standardized child support forms specified in subsection (4) of this
section in exchanging financial information. The forms shall be included
with any agreed modification or an agreement that a modification is not
appropriate at the time. If the agreed amount departs from the guidelines
and schedule of basic child support obligations, the parties shall
furnish statements of explanation that shall be included with the forms
and shall be filed with the court. The court shall review the agreement
pursuant to this paragraph (a) and inform the parties by regular mail
whether or not additional or corrected information is needed, or that the
modification is granted, or that the modification is denied. If the
parties cannot agree, no modification pursuant to this paragraph (a) shall
be entered; however, either party may move for or the court may
schedule, upon its own motion, a modification hearing.
(b) Upon request of the noncustodial parent, the court may order the
custodial parent to submit an annual update of financial information
using the approved standardized child support forms, as specified in
subsection (4) of this section, including information on the actual
expenses relating to the children of the marriage for whom support has
been ordered. The court shall not order the custodial parent to update
the financial information pursuant to this paragraph (b) in circumstances
where the noncustodial parent has failed to exercise parenting time
rights or when child support payments are in arrears or where there is
documented evidence of domestic violence, child abuse, or a violation of
a protection order on the part of the noncustodial parent. The court may
order the noncustodial parent to pay the costs involved in preparing an
update to the financial information. If the noncustodial parent claims,
based upon the information in the updated form, that the custodial parent
is not spending the child support for the benefit of the children, the
court may refer the parties to a mediator to resolve the differences. If
there are costs for such mediation, the court shall order that the party
requesting the mediation pay such costs.
(15) Post-secondary education. (a) This subsection (15) shall apply to
all child support obligations established or modified as a part of any
proceeding, including but not limited to articles 5, 6, and 10 of this
title and articles 4 and 6 of title 19, C.R.S., prior to July 1, 1997.
This subsection (15) shall not apply to child support orders established
on or after July 1, 1997, which shall be governed by paragraph (a) of
subsection (13) of this section.
(b) For child support orders entered prior to July 1, 1997, unless a court
finds that a child is otherwise emancipated, emancipation occurs and child
support terminates without either party filing a motion when the last or
only child attains nineteen years of age unless one or more of the
following conditions exist:
(I) The parties agree otherwise in a written stipulation after July 1,
1991;
(II) If the child is mentally or physically disabled, the court or the
delegate child support enforcement unit may order child support, including
payments for medical expenses or insurance or both, to continue beyond the
age of nineteen; or
(III) If the child is still in high school or an equivalent program,
support continues until the end of the month following graduation, unless
there is an order for postsecondary education, in which case support
continues through postsecondary education as provided in this subsection
(15). A child who ceases to attend high school prior to graduation and
later reenrolls is entitled to support upon reenrollment and until the
end of the month following graduation, but not beyond age twenty-one.
(IV) If the child marries, the child shall be considered emancipated as of
the date of the marriage. If the marriage is annulled, dissolved, or
declared invalid, child support may be reinstated.
(V) If the child enters into active military duty, the child shall be
considered emancipated.
(c) If the court finds that it is appropriate for the parents to
contribute to the costs of a program of postsecondary education, then the
court shall terminate child support and enter an order requiring both
parents to contribute a sum determined to be reasonable for the education
expenses of the child, taking into account the resources of each parent
and the child. In determining the amount of each parent's contribution to
the costs of a program of postsecondary education for a child, the court
shall be limited to an amount not to exceed the amount listed under the
schedule of basic child support obligations in paragraph (b) of
subsection (7) of this section for the number of children receiving
postsecondary education. If such an order is entered, the parents shall
contribute to the total sum determined by the court in proportion to
their adjusted gross incomes as defined in paragraph (a) of subsection
(3) of this section. The amount of contribution that each parent is
ordered to pay pursuant to this subsection (15) shall be subtracted from
the amount of each parent's gross income, respectively, prior to
calculating the basic child support obligation for any remaining children
pursuant to subsection (7) of this section.
(d) In no case shall the court issue orders providing for both child
support and postsecondary education to be paid for the same time period for
the same child regardless of the age of the child.
(e) Either parent or the child may move for an order at any time before
the child attains the age of twenty-one years. The order for postsecondary
education support may not extend beyond the earlier of the child's
twenty-first birthday or the completion of an undergraduate degree.
(f) Either a child seeking an order for postsecondary education expenses
or on whose behalf postsecondary education expenses are sought, or the
parent from whom the payment of postsecondary education expenses are
sought, may request that the court order the child and the parent to seek
mediation prior to a hearing on the issue of postsecondary education
expenses. Mediation services shall be provided in accordance with section
13-22-305, C.R.S. The court may order the parties to seek mediation if
the court finds that mediation is appropriate.
(g) The court may order the support paid directly to the educational
institution, to the child, or in such other fashion as is appropriate to
support the education of the child.
(h) A child shall not be considered emancipated solely by reason of living
away from home while in postsecondary education. If the child resides in
the home of one parent while attending school or during periods of time in
excess of thirty days when school is not in session, the court may order
payments from one parent to the other for room and board until the child
attains the age of nineteen.
(i) If the court orders support pursuant to this subsection (15), the
court or delegate child support enforcement unit may also order that the
parents provide health insurance for the child or pay medical expenses of
the child or both for the duration of the order. The order shall provide
that these expenses be paid in proportion to their adjusted gross incomes
as defined in subsection (3) of this section. The court or delegate child
support enforcement unit shall order a parent to provide health insurance
if the child is eligible for coverage as a dependent on that parent's
insurance policy or if health insurance coverage for the child is available
at reasonable cost.
(j) An order for postsecondary education expenses entered between July 1,
1991, and July 1, 1997, may be modified pursuant to this subsection (15) to
provide for postsecondary education expenses subject to the statutory
provisions for determining the amount of a parent's contribution to the
costs of postsecondary education, the limitations on the amount of a
parent's contribution, and the changes to the definition of postsecondary
education consistent with this section as it existed on July 1, 1994. An
order for child support entered prior to July 1, 1997, that does not
provide for postsecondary education expenses shall not be modified pursuant
to this subsection (15).
(k) Postsecondary education support may be established or modified in the
same manner as child support under this article.
Please see the information at the following links:
http://definitions.uslegal.com/c/child-custody-and-support/
http://definitions.uslegal.com/a/age-of-majority/
http://lawdigest.uslegal.com/family-laws/child-support-and-custody-overview/
http://lawdigest.uslegal.com/minors/age-of-majority/
http://definitions.uslegal.com/m/minors-emancipation/
http://lawdigest.uslegal.com/minors/emancipation-of-minor/
http://definitions.uslegal.com/m/modification-of-divorce-decree/
Please see the forms at the following links:
http://www.uslegalforms.com/co/CO-JDF-1403.htm
http://www.uslegalforms.com/us/US-00936.htm
http://www.uslegalforms.com/co/CO-JDF-1404.htm
http://www.uslegalforms.com/us/US-00799BG.htm
