Retroactive Application of Law Child Support
The inherent right to child support belongs to the child. In re Marriage of Murray, 790 P.2d 868 (Colo. App. 1989).
Both parents have a legal duty to support the child. Abrams v. Connolly, 781 P.2d 651 (Colo. 1989).
Section 14-14-104 (1)(b) provides for the determination of the accrued child support debt of an absent parent when there has been no prior order of support.
Except in limited circumstances in which income may be averaged over several years, the child support guidelines are applied to the parties' current income and, therefore, the statute does not implicate due process or equal protection concerns. Montezuma County Department of Social Services v. Laner, 937 P.2d 903 (Colo. App. 1997).
See Department of Revenue v. Roe, 31 Mass. App. Ct. 924, 577 N.E.2d 323 (1991) (there is no retroactive application of law creating child support obligations since duty of support arose at time of child's birth regardless of father's knowledge);
In re Paternity of Brad Michael L., 210 Wis. 2d 437, 564 N.W.2d 354 (1997) (same).