“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
Colorado Litigation Report ™ 