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In re Marriage of Plummer

735 P.2d 165 (1987)

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In re Marriage of Plummer

Colorado Supreme Court

735 P.2d 165 (1987)

Facts

In 1979 John R. Plummer (defendant) and Leavelle Plummer (plaintiff) divorced. The divorce decree did not include any order of child support for the Plummers’ two daughters, who were 19 years old and 17 years old. However, John supported the daughters until they each reached the age of 21. When the youngest daughter turned 21, she was in her third year of college. Leavelle filed an action against John for child support until the daughter finished school. The trial court ordered that John support the daughter until she completed her undergraduate degree. John appealed on the ground that a parent no longer has a duty to support his child once the child reaches the age of 21, absent evidence that the child is disabled or a court order stating otherwise. The court of appeals affirmed the trial court. The court of appeals held that requiring a parent to pay child support beyond the age of majority was permissible according to the Colorado Supreme Court in Koltay v. Koltay and the Uniform Dissolution of Marriage Act. John appealed to the Colorado Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Vollack, J.)

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