A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Terminate Child Support Pursuant to C.R.S. 14-10-122, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. CO-JDF-1408
Lakewood, Colorado Motion to Terminate Child Support Pursuant to C.R.S. 14-10-122: A Comprehensive Guide Introduction: Child support is an important aspect of divorce or separation cases, ensuring children's financial stability and well-being. However, circumstances may change, making it necessary to modify or terminate child support. In Lakewood, Colorado, individuals seeking to terminate child support can file a Motion to Terminate Child Support Pursuant to C.R.S. 14-10-122. This article aims to provide a comprehensive overview of this legal process, its requirements, and potential variations based on specific scenarios. 1. Understanding C.R.S. 14-10-122: C.R.S. 14-10-122 refers to the specific section of Colorado law that outlines the conditions under which child support can be terminated or modified. It acknowledges that changing circumstances may warrant adjustments to child support agreements. 2. Eligibility for Motion to Terminate Child Support: To be eligible for a Motion to Terminate Child Support, certain criteria must be met. These may include: — The child reaching the age of emancipation (usually 19 years old in Colorado). — The child getting married or joining the military. — The child transferring legal custody to someone else. — The child becoming financially independent. 3. Process of Filing a Motion to Terminate Child Support: To initiate the motion, the requesting party (often called the "moving party") must complete the following steps: a. Prepare the necessary documents: The moving party must draft a formal Motion to Terminate Child Support, along with a supporting affidavit detailing the reasons for the request. b. Serving the other parent: The moving party must serve the other parent with copies of the motion and affidavit, usually through a process server or a designated individual over the age of 18. c. Filing the motion with the court: The moving party must then file the motion and affidavit in the appropriate Colorado district court, indicating their intention to terminate child support. d. Attending the hearing: Upon filing, a court hearing will be scheduled, where both parties will present arguments and evidence to support their respective positions. The judge will make a decision based on the best interests of the child. 4. Variations of Lakewood, Colorado Motion to Terminate Child Support: While the basic process remains the same, there may be additional considerations or variations based on specific circumstances. Some common variations include: — Early Termination: In certain cases, child support may be terminated before the child reaches the age of emancipation if specific criteria are met. — Retroactive Termination: It is possible to request retroactive termination of child support if the moving party can prove they were unaware of the grounds for termination and had no responsibility to inquire about them. — Termination in Shared Parenting Arrangements: When child custody is shared, joint physical or joint legal, the calculation and termination of child support may involve additional factors. Conclusion: Filing a Motion to Terminate Child Support in Lakewood, Colorado, pursuant to C.R.S. 14-10-122 requires a thorough understanding of the process and eligibility criteria. Whether seeking to terminate child support due to emancipation, change of custody, or other grounds, it is advisable to consult with an experienced family law attorney to navigate the legal complexities effectively. By appropriately filing this motion, individuals can ensure that child support obligations align with the current circumstances and best serve the interests of all parties involved.Lakewood, Colorado Motion to Terminate Child Support Pursuant to C.R.S. 14-10-122: A Comprehensive Guide Introduction: Child support is an important aspect of divorce or separation cases, ensuring children's financial stability and well-being. However, circumstances may change, making it necessary to modify or terminate child support. In Lakewood, Colorado, individuals seeking to terminate child support can file a Motion to Terminate Child Support Pursuant to C.R.S. 14-10-122. This article aims to provide a comprehensive overview of this legal process, its requirements, and potential variations based on specific scenarios. 1. Understanding C.R.S. 14-10-122: C.R.S. 14-10-122 refers to the specific section of Colorado law that outlines the conditions under which child support can be terminated or modified. It acknowledges that changing circumstances may warrant adjustments to child support agreements. 2. Eligibility for Motion to Terminate Child Support: To be eligible for a Motion to Terminate Child Support, certain criteria must be met. These may include: — The child reaching the age of emancipation (usually 19 years old in Colorado). — The child getting married or joining the military. — The child transferring legal custody to someone else. — The child becoming financially independent. 3. Process of Filing a Motion to Terminate Child Support: To initiate the motion, the requesting party (often called the "moving party") must complete the following steps: a. Prepare the necessary documents: The moving party must draft a formal Motion to Terminate Child Support, along with a supporting affidavit detailing the reasons for the request. b. Serving the other parent: The moving party must serve the other parent with copies of the motion and affidavit, usually through a process server or a designated individual over the age of 18. c. Filing the motion with the court: The moving party must then file the motion and affidavit in the appropriate Colorado district court, indicating their intention to terminate child support. d. Attending the hearing: Upon filing, a court hearing will be scheduled, where both parties will present arguments and evidence to support their respective positions. The judge will make a decision based on the best interests of the child. 4. Variations of Lakewood, Colorado Motion to Terminate Child Support: While the basic process remains the same, there may be additional considerations or variations based on specific circumstances. Some common variations include: — Early Termination: In certain cases, child support may be terminated before the child reaches the age of emancipation if specific criteria are met. — Retroactive Termination: It is possible to request retroactive termination of child support if the moving party can prove they were unaware of the grounds for termination and had no responsibility to inquire about them. — Termination in Shared Parenting Arrangements: When child custody is shared, joint physical or joint legal, the calculation and termination of child support may involve additional factors. Conclusion: Filing a Motion to Terminate Child Support in Lakewood, Colorado, pursuant to C.R.S. 14-10-122 requires a thorough understanding of the process and eligibility criteria. Whether seeking to terminate child support due to emancipation, change of custody, or other grounds, it is advisable to consult with an experienced family law attorney to navigate the legal complexities effectively. By appropriately filing this motion, individuals can ensure that child support obligations align with the current circumstances and best serve the interests of all parties involved.