- December 4, 2024
- Child Support
Sometimes, getting divorced can be the best choice for a couple. Unfortunately, when a divorced couple has children, they aren’t the only ones affected by that decision. Colorado laws make every effort to protect the children of divorced parents. The courts ensure that the parents create a child custody agreement and child support agreement that meet the needs of their children.
When those agreements are insufficient, the courts have the power to enforce child support and custody orders that ensure children maintain relationships with their parents and live comfortably. One of the more challenging situations that can arise is when a child is disabled. Child support for special needs children in Colorado follows slightly different rules than standard child support.
The Basics of Child Support in Colorado
When you get divorced in Colorado, before the courts will finalize your divorce, they must approve a child support order. If the child support agreement hammered out between the divorcing parties (and their lawyers) appropriately protects the interests of the children, the courts will typically approve it. However, if the courts deem it fails to protect the children, they will create a child support order that both parents must obey. While these orders can potentially be modified in the future, until an order is modified it is mandatory.
The value of this child support is not explicitly stated by law. Instead, it is determined by a judge who uses the following factors to make that decision:
- The resources of the children
- The resources of the custodial parent
- The standard of living the children enjoyed while the parents were married
- The children’s physical, emotional, and educational needs
- The resources of the noncustodial parent.
These factors are different for every family, and judges have to make complicated decisions. Many of these factors can potentially change as well. If one or both parents obtain new jobs, for example, their resources may increase or decrease, changing the way child support should be calculated. When significant events like that happen after a child support order has been set, one or both parents can petition the court for a modification of the order.
The child support order won’t last forever. According to the child support guidelines set in Colorado law, the order will last until all children:
- Graduate from high school,
- Turn 19 years old,
- Join the military,
- Marry,
- Die, or
- Become self-sufficient.
There is a slight exception to the 19-year-old rule. A child who is still in high school when they turn 19 continues to extend the duration of child support until one month after they graduate or until they turn 21 years old.
When a couple has several children, the order may adjust how much parents pay toward child support as each child ages out of it. However, this is not guaranteed. For simplicity, especially when children are roughly the same age, it may continue without change until all children age out.
If you are about to get divorced and you have children, you need to ensure that your children are properly protected after the divorce. Contact Price Family Law at 720-615-1750 to schedule a free consultation with our family law attorneys.
Child Support for Disabled Children in Colorado
If you have a child with special needs, the previous rules are modified. The most important modification involves the duration of the child support for special needs children in Colorado. As noted, child support typically ends when a child turns 19 or graduates from high school. However, Colorado law acknowledges that disabled children may need support even after they have turned 19 or graduated from high school.
If you can show the court that your child has special needs, the court will extend the duration of child support for your disabled child. This extension can potentially last for the rest of the child’s life. The challenge involved with extending this child support is that the law does not define the concept of “disabled.” Instead, it is an open-ended concept that can potentially be contested.
If the Social Security Administration is paying disability for the child, most judges will accept that designation as all the evidence they need that the child has special needs. However, in some cases, a judge may accept alternate evidence or seek additional information. Furthermore, Colorado law does not differentiate between mental and physical disability. Both types can potentially be a reason for child support payments to be extended indefinitely.
While child support payments for a child without special needs will always end, at the latest, by the child’s 21st birthday, child support for a disabled child can potentially last forever.
Just because a child is disabled and may need a lifetime of support, though, doesn’t mean that child support payments will remain as high as they were when the child was being raised. Some people with special needs can partially support themselves. A disabled individual may be able to work part-time or in some low-paying positions. While this isn’t enough to get by, it can help reduce the child custody burden on parents.
Similarly, if a disabled individual is getting Social Security payments, that income is counted against the support that parents need to provide. It can be a tricky balance for the courts to determine exactly how much support is reasonable for parents to provide to a disabled child after they have reached adulthood, especially if they can partially support themselves.
Attorneys at our law firm have experience calculating these numbers and can help you determine fair values for everyone involved.
Contact Price Family Law for Help With Child Support for Disabled Children in Colorado
The courts face a significant challenge when determining the child support amount for special needs children in Colorado. Child support payments for disabled children in Colorado can potentially last a lifetime. Balancing that need against the needs of parents takes considerable effort.
At Price Family Law, our lawyers can help you understand your rights and the rights of your children. We will work with you and your ex-spouse to get fair child custody for your children. Contact our law firm at 720-615-1750 today to schedule a free consultation.
