She quit school at 15, was brought to CPS's attention that my ex was educationally negligent, the Larimer Country CPS said that she was not negligent because my daughter is in a divorced family, and the juvenile magistrate has made it known to truant officers in the county that he will not prosecute for truancy because he feels the children have the right when they are in high school to make the decision if they want to quit...Loveland HS turned them in a second time for negligence, and CPS would not look at it again...
My question is that I understand the law that if a child quits school, than the child support could be terminated....is this true?
Also, my second child will be turning 17 in a few months and does not like living at her moms because of neglect...CPS has deemed me as a trouble maker so they will not do anything with the negligence evidence that I have submitted, a lot of family courts, my understanding, allows children to choose where they want to live at age 13, Colorado does not, Colorado decides what (in their opinion, based on what they have heard from the parties involved) they feel is right for the children, even though they do not talked with the children...my second has talked about killer herself or running away because of the living conditions...what kind of motion can MY DAUGHTER file, or can she even file
General Practice Lawyer
I don't know all of the particulars of your daughter's life, but I do know that child support obligations continue until the age of 19 unless the child is emancipated under Colorado law. Of course, obligations can change is modification is sought, but 19 is the magic age in the vast majority of circumstances.
You ought to spend an hour or so with a family law attorney to make sure you're covering all of the bases. I am sorry you find yourself here. it has to be tough.
Best of luck,
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Mr. Deasy is spot on with his response. If the 18 year old is working, her income can be used to reduce your obligation. If she is living independently and supporting herself, you can reduce child support, but you MUST file a motion. As to the 17 year old, she cannot file anything. She is not a party to the divorce case with you and your wife. If there is to be a change of primary residence, you will need to initiate it. It is best to speak with a family law attorney in Ft. Collins before a major legal undertaking. Good luck to you. David Littman
Your post is very disturbing. Why on earth would you ask "what kind of motion can my daughter file"? You need to step up and by a parent. If the current parenting time arrangements are not in her best interests, a PARENT needs to step up, take responsibility, and get the orders changed. You cannot expect your CHILD to handle things for you. You should consider retaining an experienced family law attorney to represent you and you need to take action as a parent.
If you are not going to step up and act like a parent, you need to pay child support until your child turns 19.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.