If my 18 year old child lives at home and is going to college, can I get child support for him?

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If my 18 year old child lives at home and is going to college, can I get child support for him?

Asked on November 14, 2012 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Here is the law for Colorado:

Support terminates automatically under Colorado law (C.R.S. 14-10-115(13)(a)), without the need to file a motion to terminate support, upon the last or only child reaching 19 years of age, unless:

  1. The parties signed an agreement after July 1, 1997 which provided for support to continue longer.
  2. The child is mentally or physically disabled.
  3. The child is in high school, or an equivalent program, in which case support continues until the end of the month following graduation..
  4. The child marries before turning 19 (support may be reinstated if the marriage ends while under 19).
  5. The child enters active duty military before turning 19.

So I think that the answer is yes unless your agreement states otherwise.  Good luck.


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