Full question:
If my stepdaughter turns 19 in May 2017 and her mother is required to cover her for "as long as her daughter is eligible", are we required to keep covering her and paying 1/2 out of pocket expenses until a certain age, or until the age of majority? My 2nd question is..what is the official age of majority in Colorado, and does this age come into play with regards to the first question?
- Category: Minors
- Date:
- State: Colorado
Answer:
In Colorado, the current age of majority is 21 years. Therefore, unless an adult child is physically or mentally incapable of self-support, parents have no legal obligation to support their children beyond the age of twenty-one years. Further, the child support is terminated by emancipation of the child. Accordingly, if your stepdaughter turns 19 in May 2017, she is still entitled to child support, because emancipation occurs upon attaining the age of majority, which is 21 years.In In re Marriage of Plummer, 735 P.2d 165 (Colo. 1987), “Emancipation ordinarily occurs upon the attainment of majority, which is statutorily defined in Colorado as age twenty-one.” Id. at 166 (citing § 2-4-401(6), 1B C.R.S. (1980)).
The relevant law is stated below for more details on this subject:
§ 2-4-401, C.R.S. - Definitions
(6) “Minor” means any person who has not attained the age of twenty-one years. No construction of this subsection (6) shall supersede the express language of any statute.
Section 14–10–122(3), C.R.S. - Modification and termination of provisions for maintenance, support, and property disposition--automatic lien
(3) Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child but not by the death of a parent obligated to support the child. When a parent obligated to pay support dies, the amount of support may be modified, revoked, or commuted to a lump-sum payment, to the extent just and appropriate in the circumstances.
§ 14-10-122, C.R.S.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
