What is the best way to refigure child support since my oldrest child has been emancipated?
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Answer:
The courts may deviate from the guidelines upon a finding that the application of the guidelines be unjust, inequitable or inappropriate. Any such deviation must be accompanied by specific written reasons for the deviation and must include what the presumptive amount would have been under the guidelines. Reasons for deviating may include such things as extraordinary medical expenses, extraordinary costs associated with parenting time, and gross disparity of income.
In some cases, a court may impute income to a person who voluntarily chooses not to work. However, in one case, imputing of full-time income to mother working part-time was error where mother did not voluntarily choose part-time employment but was required to stay home during the day to care for one of her children who had Downs syndrome. In re Pote, 847 P.2d 246 (Colo. App. 1993).