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I have an order that was written in 1990 that states payment until the child turns 21. I understand that the age of emancipation for CO has changed from 21 to 19. Does that automatically change my order or would the father need to petition to have the order changed? She turned 19 this fall and he has discontinued payments.
Age of emancepation? The ages you posted would not need emancepation they are of age of majority. What does your support order say? If he is to pay support until a certain age or what? Emancepation has nothing to do with this
If the support order says that support continues through the age of 21, and he has not done anything to have the court-ordered support terminated or modified, he's likely still on the hook through the age of 21.
The outcome might be different if the language says something like, "support shall be paid until the children reach the age of majority, which is 21 years of age", or "... currently 21 years of age", so you may wish to have the order reviewed by a lawyer.
The order says until the age of 21. He recieved some 'advise' that he is not responsible until she is 21 because of the change in the law that now says a child is emancipated once they turn 18. Irregardless of what the order says -basically that the order was automatically changed with the law change. I find it hard to believe that a change in the law would negate a legal document.
Is the child still in school and does she plan on attending College? Often support continues if child is still not self supporting and attending school. I do think you should drag him back to court and get a ruling on this.
she has graduated from H.S. and is going to college 3/4 time right now. I will get some local support and persue this. Thanks for the replies.