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Do I have to pay child support in Arapahoe County Colorado if my 18 year old son is incarcerated?

Denver, CO |

My 18 year old son is incarcerated for breaking his parole. He turns 19 in March 2010. I am paying child support for him currently at this time and know that the person receiving the child support is not sending the money to him. Do I have to continue paying support on him or can I have my support reduced to only pay for my 14 year old son.

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Attorney answers 1


I would file a motion to modify the child support obligation. This is an unusual case and there is no legal precendent. However I would argue that your son is emancipated and able to provide his own support or that his needs are reduced. The Court has the power to deviate from the child support guidelines. In any event you will need to modify in March 2010 and it may take a while to get the order changed so you should file now.

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