6 Reasons You Might Not Receive or Pay Child Support

6 Reasons You Might Not Receive or Pay Child Support

Child custody and support can be very complex issues that depend on each parent’s income, the percentage of time the child is with each parent, and so on. In special situations, though, some parents may not receive or pay any child support.

Your child deserves to receive court-mandated financial support payments from both parents. An Aurora child support lawyer can help you determine if you qualify and if there are valid reasons for managing your child support payment in the fairest possible way.

 

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If You Lose Your Parental Rights

In Colorado, a parent can lose their parental rights if:

  1. they are addicted to drugs and/or alcohol
  2. they abandon, abuse, or neglect their child
  3. they are mentally ill or otherwise incapable of parenting (in a vegetative state, for example)
  4. they are incarcerated or have a long-established criminal history

Loss of parental rights can also result in no longer being liable for child support payments.

The State of Colorado allows parents to voluntarily relinquish their parental rights as well. This could also result in ending any child support obligation. A judge has the final decision on that matter, and the other parent must agree to the termination of parental rights. A judge will agree if it is in the child’s best interest. Either way, you are still obligated to pay any child support due before your parental rights were terminated.

If The Child Passes Away

If a child dies before reaching their 18th birthday, no child support payments need to be made after the minor passes.

If The Child Is Capable of Supporting Themselves

If, for example, a child graduated high school a year early and is now working full-time and living on her or his own, then no child support payments would be necessary.

If The Child Is Emancipated

Emancipation is a process in which a minor asks the court to give them special permission to have adult rights and privileges, such as the ability to sign contracts without their parents being involved. There are 20 million emancipated minors in the U.S., and many are former foster children who wish to leave the foster care system. 50% of emancipated minors are jobless within 2-4 years of emancipation, and almost half of them wind up homeless in just a year and a half. Nevertheless, if a judge grants your child the right to be emancipated, you will no longer pay or receive child support.

The Child Is on Active Duty on the Military

One reason children ask to be emancipated is to join the military. If your child is serving in the military, there is no child support requirement.

The Child Is Married

Whether a minor is emancipated to get married before reaching the age of 18 or not, a married minor is not eligible for child support, even if s/he continues to reside with one of the parents after marriage.

Note: Undocumented immigrants can both apply for child support and receive it, as well as be liable for paying it. Additionally, a child who is in custody in a juvenile detention facility is still eligible for child support, however, the child support agreement could be modified in this case to reduce the monthly obligation amount.

We Are Aurora Family Law Attorneys Who Care

If you have any questions or concerns regarding your parental rights or child support, please do not hesitate to contact CNL Law Firm for a free consultation. We can provide advice once we learn more about your circumstances and concerns.

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