Job Corps and Child Support
Posted 11 October 2012 - 12:49 PM
Enough background...Will joining the Job Corps essentially cause my child to be emancipated in regards to child support?
My thinking is that it will as my child will not be living at home and he will not be under the responsibility or influence of his parents. This program effectively makes him self sufficient. That being the case, could I petition to terminate or modify child support?
If you have any references I could go to to find this information, I would appreciate it.
Thanks for your help.
Posted 11 October 2012 - 12:55 PM
Will joining the Job Corps essentially cause my child to be emancipated in regards to child support?
Not sure what you mean by this. For a child to be emancipated means that, despite the child's age, the child is considered a legal adult. It has nothing to do with child support.
If you're asking whether this will terminate your obligation to pay child support, the answer is no. The obligation to pay child support continues until one of the following occurs: (1) the obligation terminates pursuant to the terms of the support order; (2) the obligation terminates because the child has reach an appropriate age under the applicable law (typically the latter of the child turning 19 or the child turning 18 and graduating high school); or (3) the court issue a new order that terminates the obligation. Could you get your support obligation terminated if your child enters this program? I don't know. It might. Or it might be that you'd have to pay the support amount to the program instead of the child's other parent.
Posted 11 October 2012 - 01:14 PM
[*]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 when the child attains nineteen years of age unless one or more of the following conditions exist:
[*]The parties agree otherwise in a written stipulation.
[*]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.
[*]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.
[*]Emancipation occurs upon a valid marriage of a child, when a child has moved from the family residence and is capable of providing for his/her own care and support with his/her own earnings, or as determined by the Court.
It would seen unfair and unequitable to require a child support obligation as neither parent is providing financial support for the child (the child's work in the program is paid back in room, board, medical treatment and pay) and the program is funded by taxpayer dollars (no tuition or fees).
Posted 11 October 2012 - 02:52 PM
You must continue to pay child support until your son reaches the age of majority (18 in Colorado) or until your support order is terminated or modified by the court. Whether the court will consider participation in the Job Corps as grounds for modification I can't say, but bear in mind that your son could drop out of (or be expelled from) the program before he reaches the age of 18, so the court might be reluctant to discontinue support. Consult local counsel.
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