Emancipation for Colorado Child Support

When does a Child Become an Adult in Colorado?

Though by the time a person is 18, she can vote, marry without parental consent, join the military, etc,, an eighteen year-old is generally considered a minor for purposes of child support. There is a patchwork of inconsistent laws which have different ages for different purposes. As the Colorado Supreme Court stated in In re: Marriage of Robinson, 629 P.2d 1069 (Colo. 1981). (cleaned up):

“Emancipation relates to termination of those rights and duties which otherwise exist between parent and child during the child's minority… The question of emancipation may arise in a variety of contexts, e. g., the right of a parent to wages earned by his child, the duty of a parent to pay for necessary goods or services furnished to his child by a third party, and the duty of a parent to support his child. A minor may be emancipated for some purposes but not for others.”

When does Child Support End in Colorado?

Child support in Colorado generally ends when the child turns 19. Per C.R.S. 14-10-115(13)(a), the emancipation section of the Colorado child support statute: “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…” (Emphasis added).

Why the reference to July 1, 1997? Because prior to that date, Colorado law provided for the payment of child support until the child was even older. Age 19 was a reduction in the child support age, not an increase..

Why 19 instead of 18? Most children are still in high school by the time of their 18th birthday, so having the age be 19 covers most situations, and even provides for support for a bit of college. This presents an interesting conundrum for parents where an 18 y.o. is usually an adult for child custody purposes, so the parent cannot control her, but the parent still owes a duty of support until she turns nineteen.

Automatic Termination of Child Support at 19

Previously, even when a child reached the age of majority, child support would only end when the court ordered it to end - a trap for the unwary where parents would end up owing support for children who had emancipated! Just in case someone still owes support under a pre-1997 child support order, file a motion to terminate support! The provision for automatic termination is not retroactive to orders entered prior to 1997. In re: Marriage of Dion, 970 P.2d 968 (Colo. App. 1997).

In 1997, the Colorado Assembly changed the child support statute so now support ends automatically, without the need for a court order, but only when the last or only child turns 19. If there are still other children under the age of 19, support continues at the same level until the youngest turns 19 - support is not simply halved if one of two children emancipates, as explained in the Child Support Modification and Termination article.

If child support is being paid by income assignment (i.e. being garnished), even though the legal obligation to pay ends automatically, the income assignment itself does not stop automatically. Termination of an income assignment requires either a court order, or notice from the payee receiving support that the income assignment should stop. C.R.S. 14-14-111.5(4)(k).

Emancipation Before Age 19 Ends Child Support

Though support generally ends at age 19, that age is not written in stone, and there are three situations where the statute provides that child support can terminate prior to the child turning nineteen:

• Marriage. “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.” C.R.S. 14-10-115(13)(a)(IV). Termination of the support obligation is automatic upon the marriage, without the need for a court order. Berglund v. Berglund, 474 P.2d 800 (Colo.App. 1970).
• Military. “If the child enters into active military duty, the child shall be considered emancipated.” C.R.S. 14-10-115(13)(a)(V). Note that this does not appear to include military reserves, just active duty.
• Emancipation. As indicated above, per C.R.S. 14-10-115(13)(a) support ends at 19 “unless a court finds that a child is otherwise emancipated.” See the discussion below for more details of what constitutes “emancipation.”

What is Emancipation for Child Support Purposes?

The Colorado child support statute does not define emancipation: “Whether a child is emancipated is a matter of law for the court to determine based upon the relevant circumstances.” Baker v Baker, 667 P.2d 767 (Colo.App. 1983).

Generally, emancipation has been interpreted as living away from home and being financially self-sufficient through gainful employment, as opposed to moving away to attend college. There are a few examples where courts have addressed whether a child living away from home and working may be emancipated or not:

• Working part-time in college. No emancipation because the child remained financially dependent upon parents. Baker v Baker, 667 P.2d 767 (Colo.App. 1983)
• Working full-time summer before college. No emancipation, even though child was temporarily independent for the summer, he would still need financial support during the school year. In re: Marriage of Robinson, 629 P.2d 1069 (Colo. 1981). (cleaned up).
• Working full-time, shared own apartment with girlfriend. Emancipated, earned $480/mo (does not sound like much, but that was in 1975 - in 2019, that would be worth $2255), paid his own living expenses, though he was still on a parent’s medical insurance and received gifts from them. In re: Marriage of Weisbart, 564 P.2d 961 (Colo.App. 1977).
• Working two jobs, had own apartment. Emancipated. The child “was at all times in full control of her earnings, and she paid all her own bills, although she was partially dependent on financial support from other persons.” In re: Matter of Connolly, 761 P.2d 224 (Colo.App. 1988) rev’d on other grounds, Abrams v. Connolly, 781 P.2d 651 (Colo. 1989).

Note that emancipation based upon a child living and working away from the home does not automatically terminate the support obligation - a payor who believes that the child has become emancipated so no support should be owing needs to file a motion to terminate support.

Child Support Emancipation After Age 19

Just as child support can end prior to 19, there are also three situations where a person who turns 19 may still legally be entitled to support:

• Agreement. The parents agree in a “written stipulation” (an agreement accepted by the court) that support will continue beyond the age of 19. C.R.S. 14-10-115(13)(a)(I). Parents may wish to do this to provide for children while they are in college, cor example. Note that this only works one-way - the parents cannot contract out of their child support obligations. See, e.g., Combs v. Tibbitts, 148 P.3d 430 (Colo.App. 2006).
• Disability. A child is mentally or physically disabled. C.R.S. 14-10-115(13)(a)(II). See the section below for a more complete explanation of how a child’s disability can impact child support.
• Still in High School. “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.” C.R.S. 14-10-115(13)(a)(III). Emphasis added.

Child Disability and Support Beyond the Age of 19

“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.” C.R.S. 14-10-115(13)(a)(II). Note the the word may - there is no requirement for a court to continue support, however in practice if a child is disabled when he/she turns 19, a court is likely to continue the child support obligation beyond that age.

The obligation to pay support only continues beyond age 19 if the child was disabled upon turning 19. For a complete discussion of this issue, see our Child Support for Disabled Child Over 19 article.

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