Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I live in Colorado. I moved here 2 1/2 years ago as part of a settlement when my ex moved here with the children as well. We have an agreement that was made in California that was adopted by the Colorado courts. In this agreement it says that child support shall continue until the child is 18-years-old, or graduates from high school, and if not then, it extends up to 19-years-old. My daughter is graduating this May and as it happens also turns 18 the same month. According to Colorado Law the minimum age is 19. My daughter will be going away to college in August so the amount of overnights used to calculate support that both of us will have will be affected.
My question is two-fold:
1. Which guideline has to be followed, the age guidelines in the agreement we signed in California that was adopted by the Colorado court or the prevailing Colorado guidelines?
2. If the age is extended to 19 should there be a re-calculation of support based on the fact that neither party will have the child for most overnights starting in August of this year?
In regard to your first question, the agreement from California will prevail. This means that when your child turns 18-years old, or graduates from high school, you no longer have to pay child support under your California agreement. However, a child support action could still be filed under Colorado guidelines, but the action may not necessarily be enforced due to your prior agreement, or the court may dismiss the request.
Nevertheless, if the age was extended to 19, then yes, a re-calculation would be ordered based on Colorado State’s child support guidelines. You should consult with a local attorney and have him/her read your agreement and provide you with advice on how to proceed.
