In re the Parental Responsibilities of L.K.Y. and J.R.Y., and Concerning Karen Elizabeth Peabody, and Angela Francis Young, n/k/a Evan Young, 2013COA108 (July 3, 2013)

“I’m for gay marriage, because I’m for gay divorce.”- Melissa Etheridge. Following the dissolution of a California domestic partnership, the same-sex parents of twins, who had moved to Colorado, sought a declaration of custodial rights and child support. The parent claiming support (Young) was in the military and received a stipend for off-base living. The magistrate did not deduct the stipend from her gross salary calculations because it qualifies as money that reduces Young’s personal living expense. If deducted, Peabody’s support obligation would be reduced by reducing the needs of the children. Peabody appealed. The court of appeals agreed, holding it was a proper under CRS 14-10-115 to not deduct the stipend because the stipend was not a resource of the children. Therefore, the total award of child support was higher than it would have been without the stipend.

http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2013/12CA1674-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9025&courtid=1

Advertisements

Leave a comment

Filed under Family Law

Brief this Case

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s