Children Live In Alabama And Colorado Calculates Child Support

by Dennis Fair
(Denver, CO)

I'm a non-custodial parent with joint legal custody of my 17 year old daughter. Our divorce (and initial child support payments) was finalized in California in 1997. Since that time, my ex has moved to Alabama with my daughter and I currently live in Colorado. I pay transportation costs to see my daughter each summer and every other Christmas (~80 days p/year and 2 round trip air fares). My ex recently filed for a child support modification, but the proposed new child support level was determined using Colorado laws and schedules. Is this correct? Alabama has a much lower cost of living than Denver. Is this a proper and correct procedure? It seems appropriate to use Alabama schedules in this case. Thanks.

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by: Child Support America Team Member

Hi Dennis,

Usually the amount is ordered and calculated in the state where the child resides. Who requested this modification?


Who requested child support
by: Dennis

It was initiated by my Ex thru the Alabama Child Support enforcement division (human resources)

by: Anonymous

I was divorced in CA in 1997. Child support was issued at that time. In 2000 the order in CA was vacated. And I received no support for 2 years. I live in NY with my children since 1995 (my ex was in the military and stationed in CA). In 2002 I took my ex to court in NY for child support and an order was issued. In the state of CA, child support goes to 18 or 19 but in the state of New York (where the order is) support goes to 21. My ex is now taking me to court in NY stating that child support should have stopped when the children turned 18 because the original order (which was vacated) was in California so we should follow CA laws. The order of support was issued in New York. Is he right?

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