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Although child support payments are owed to the custodial parent, the child is the beneficiary of these payments. Child support itself cannot be waived or modified except by agreement of the parties in writing and approval by the court.
It's important that both parents do their best to provide financially for children. Although Colorado law does not allow couples to "waive" child suppport, mediation allows parents to find creative solutions that not only fit with their sense of fairness but also provides for the financial welfare of the children.
Termination of Child Support The parents agree in a written stipulation. The child is mentally or physically disabled so cannot care for himself. The child is still in high school. The child is married (but support may be reinstated if the marriage ends) The child enters active military duty.
Remember, child support termination is not automatic and a court order or agreement must be in place for the support obligation to end. Until a formal termination is established, the non-custodial parent is legally obligated to continue making child support payments as outlined in the original court order.
In Colorado, child support is considered a right of the child; therefore, the courts may not recognize an agreement between the parents regarding collecting child support, if it is substantially less than what is suggested by the ?Child Support Guidelines.?
Child support terminates automatically only when the last (or only) child turns 19 or emancipates. In all other situations, a court order is required.