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Child support: deviations, FSR and duration

Child support is not a simple matter of the court determining the amount and the amount automatically being mandated and paid. There are various issues that must be handled such as differing circumstances warranting a deviation from the child support guidelines, what the Family Support Registry (FSR) does, and how long child support must be paid. Understanding these important factors is key to a case and should not be ignored by either party, the supporting parent and the receiving parent.

While there are child support guidelines that will generally be used to determine the amount, there are times when a deviation is possible. For a parent who is seeking to deviate from the guidelines, it must be shown to the court that the guidelines will be inappropriate or unjust. For the court to agree, there must be compelling evidence that this is the case. For example, if there are massive medical expenses for one of the parents, this can be justification for there to be a deviation from the guidelines. It will not be done for expenses that are considered frivolous like purchasing a desired piece of property.

FSR will receive the child support payments. Many parents are unaware that they are not simply sending the checks to the other parent. FSR is in place to receive and disburse the child support. This is an efficient way for the payments to be recorded so there are no mistakes. When payments are not made on time or in full, the FSR will be aware of this and take the necessary steps to ensure payment is made by informing child support enforcement.

A common concern for parents is the duration of the child support order. In general, the payments will continue until age 19. This is contingent on whether the child is still in high school at the time he or she turns 19. The requirement to pay child support will continue until a month after graduation from high school. A supporting parent might need to take court action to stop the payments after the child turns 19. The order can continue beyond age 19 if the child has mental or physical disabilities and the support is needed.

Having legal help with any problem that comes up with child support from the perspective of the receiving parent or the paying parent is crucial. Contacting an attorney who is experienced in all areas of child support is the first call that a parent should make for help.

Source: childsupport.state.co.gov, "A Parent's Guide to Child Support -- pages 12-13," accessed on March 13, 2018

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