Will my ex have to continue to pay child support while she is in college?
Full Question:
Answer:
In some states, it is possible for the court to order support past the age of majority. It is typically referred to as post-majority support. If a court determines it appropriate for parents to contribute to a child's post-secondary education, the family court judge may 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.
The answer will depend on the facts involved, and the language contained in the support order. Please read your order carefully and see the selected sections of the child support statute below to determine applicability.
The following are portions of Colorado law:
(h) (I) Any extraordinary medical expenses incurred on behalf of the
children shall be added to the basic child support obligation and shall be
divided between the parents in proportion to their adjusted gross incomes.
(II) Extraordinary medical expenses are uninsured expenses, including
copayments and deductible amounts, in excess of two hundred fifty dollars
per child per calendar year. Extraordinary medical expenses shall include,
but need not be limited to, such reasonable costs as are reasonably
necessary for orthodontia, dental treatment, asthma treatments, physical
therapy, vision care, and any uninsured chronic health problem. At the
discretion of the court, professional counseling or psychiatric therapy for
diagnosed mental disorders may also be considered as an extraordinary
medical expense.
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.
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.
(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.
