In re Marriage of Bolding-Roberts
In In re Marriage of Bolding-Roberts, 113 P.3d 1265 (Colo. Ct. App. 2005), the Colorado Court of Appeals declined to reduce a father's child support obligation based on his child's adoption subsidy.
The Court noted that the adoption subsidy was a supplement which was intended to allow the adoptive parents to address the special needs of the children.
The Court reasoned:
A child support order is calculated to serve the best interests of children and to mitigate the potential harm to them caused by the dissolution of marriage. . . . Had the parties not separated, the child would have enjoyed the benefit of both parents' incomes, as well as the subsidy. Thus, the underlying intent of the child support statute is best served by declining to offset a noncustodial parent's support obligation by the amount of an adoption subsidy or to consider the subsidy as a factor that may diminish the child's basic needs within the meaning of Colorado statutory law." (Id. at 1268.)