CHILD SUPPORT ENFORCEMENT
Denver Child Support Enforcement Lawyer
Enforcing Child Support Orders
Littman Family Law has extensive experience handling child support orders
Legally Enforcing Child Support Orders in Denver, Colorado
Child support is a common point of contention among couples after separation. Both the parent who should receive support and the parent ordered to pay it often find the situation stressful, especially when emotions are still running high. However, parents under obligation to pay child support can learn more about their options for payment plans, modifications, and more, which can help ease some of the stress associated with these responsibilities.
When one parent refuses to pay or feels the order is wrongful, things can quickly become much more complicated. A failure to pay child support can result in serious legal consequences that include, but aren’t limited to, charges of contempt of court, arrest, and even jail time. These penalties highlight the importance of staying informed about your rights and obligations, as well as seeking professional guidance to avoid such severe outcomes.
For parents seeking child support, there are ways to address the situation constructively. They can discuss filing motions, requesting alimony modifications, and exploring amicable solutions that may work better for both parties involved. By being proactive and open to finding common ground, both parents can navigate the child support process more effectively and reduce the likelihood of prolonged conflict.
At Littman Family Law and Mediation Services, we have extensive experience handling child support orders. Our knowledgeable child support enforcement lawyers can guide you through the process of petitioning the court to enforce a child support order or understand your rights if you have been ordered to pay child support.
What Can Happen When the Courts Begin Enforcing a Child Support Order?
The parent owed support (the obligee) can petition the court to begin enforcing child support orders anytime the other parent fails to pay the amount due. A failure to pay child support can result in serious legal consequences that include but aren’t limited to charges of contempt of court, arrest, and even jail time.
A child support order is essentially a contract between parents to ensure the child(ren) continue/s to enjoy the same standard of living as they did prior to the separation. As a result of a breach in this agreement, the court may enact child support enforcement actions such as:
- Garnishing wages from employment
- Garnishing federal and/or state tax return payments
- Applying monetary judgments to the case which adds interest penalties
- Suspending driver’s, occupational, and/or professional licenses
- Suspending recreational licenses (fishing/hunting)
- Placing liens on personal property, real estate, and motor vehicles
- Reporting non-payment to collection bureaus
- Charging the non-paying parent with contempt of court
- Sentencing the non-paying parent to jail time
Colorado courts take child support orders very seriously. The state may use a county child support enforcement unit to help collect past due child support. Past-due child support is also often subject to interest and penalties that ultimately increase the amount due.
A child support attorney with experience in mediation is the best resource for guidance through difficult disagreements about child support orders. While family law is complex, our team at Littman Family Law offers a variety of services designed the make this stressful time as hassle-free as possible.
What Happens When a Parent Under Orders to Pay Child Support Deliberately Reduces Income?
In some cases, the parent ordered to pay child support quits their job, or takes other actions to attempt to deliberately reduce their income. The courts may adjust the order in reaction to this behavior.
The Colorado court system bases imputed income on the earning potential of the parent responsible for child support payment. The parent that owes child support will still have to pay an amount calculated on their potential earnings rather than actual earnings.
Related: What Happens If a Parent Refuses to Pay Child Support?
How Can a Family Law Attorney Help With a Child Support Order?
A lawyer specializing in child support like those on our team at Littman Family Law and Mediation Services will be familiar with the intricate laws surrounding child support. A consultation with our team can help you explore your legal options when it comes to child support enforcement.
Parents under obligation to pay child support can learn more about their options for payment plans, modifications, and more. Parents seeking child support can discuss filing motions, requesting modifications, and amicable solutions.
We have the knowledge and experience to offer multiple options that help separated parents contribute to their child(ren)’s life. Some of the alternative dispute services we offer include:
- Collaborative law emphasizes a joint approach to cooperative problem-solving and an option to keep disputes out of court.
- Mediation and arbitration offer the opportunity to find resolutions between parental parties without the court’s involvement.
- Early neutral assessments bring in a neutral lawyer and a neutral mental health professional to assess the family and develop a coordination-based parenting plan. A four-hour time limit on this service helps to control the associated costs.
- Parenting coordinators can advise and facilitate communication between parties. They can also interpret parenting plans but have no authority over decisions.
You can also opt to defer to a decision-maker, who will be granted the ability to file binding decisions with the court.
Whether you are seeking child support or responsible for paying child support, we want to help you reach a healthy resolution. Call 303-832-4200 to schedule a consultation with or team at Littman Family Law and Mediation Services to explore your options.
Frequently Asked Questions
An attorney can assist with enforcing child support orders in Colorado in several ways. They can help by filing a motion for contempt if the paying parent fails to comply with the court-ordered support payments. This motion can lead to legal consequences for the non-paying parent, such as fines, wage garnishment, or even jail time. Additionally, an attorney can assist in obtaining and executing income withholding orders, which require the non-paying parent’s employer to deduct child support payments directly from their paycheck. They can also help navigate the state’s Child Support Enforcement Unit’s procedures, ensuring all necessary documentation and legal steps are taken to secure the owed support. Consulting with an attorney ensures that enforcement actions are pursued effectively and in accordance with the law.
In Denver, the consequences of failing to pay child support can be severe and varied. The court can enforce support orders through several measures, including garnishing wages, intercepting tax refunds, and placing liens on property. Non-payment can also lead to the suspension of driver’s and professional licenses, negative credit reporting, and even passport denial. In extreme cases, non-payment may result in contempt of court charges and potential jail time. These measures ensure compliance and prioritize the well-being of the child.
Yes, child support orders can be modified in Colorado. Modification is possible if there is a significant change in circumstances for either parent, such as a change in income, employment status, or the financial needs of the child. To request a modification, the parent must file a motion with the court, providing evidence of the changed circumstances. Both parents must agree to any modifications, and the court must approve them to ensure they meet the child’s best interests. Consulting with an attorney can help navigate the legal process and present a strong case for modification.
The time it takes to enforce a child support order in Colorado can vary depending on several factors, including the responsiveness of the non-paying parent, the complexity of the case, and the specific enforcement methods used. Generally, the process begins with filing a motion for enforcement with the court, which can lead to actions such as wage garnishment, interception of tax refunds, or other legal measures. These steps can sometimes take several weeks to months to implement, depending on the court’s schedule and the efficiency of the enforcement agency. For specific timelines and steps, consulting with an attorney can provide more detailed guidance based on individual circumstances.
Colorado uses the Uniform Interstate Family Support Act to register and enforce orders across state lines. UIFSA lets your Colorado order be enforced where the obligor lives, works, or has assets. State agencies and courts can coordinate to withhold income, collect arrears, and take other actions. You can ask the court or the local child support services unit to initiate interstate enforcement. The Judicial Branch’s child support page provides the statutory basis and references for UIFSA. Interstate tools help prevent obligors from avoiding support by moving away.
Yes, the U.S. Department of State will generally deny a passport if you owe 2,500 dollars or more in child support. To clear it you must pay down arrears through your state’s child support agency so they can report you compliant. After the agency certifies you, the State Department can resume processing your passport application. This federal consequence applies regardless of where the child support order was issued. It is separate from court based enforcement like contempt. Contact your local child support office for payoff details and certification steps.
Colorado law treats unpaid child support as a support judgment that can be enforced like other judgments. The statute authorizes liens by operation of law against real and personal property and allows filing verified judgments to revive enforcement. It also permits intercepting federal or state tax refunds and lottery winnings to apply toward arrears. Courts can use contempt, license actions through agencies, and other remedies when appropriate. These tools work together with income assignments to improve collection. Knowing the range of options helps you and your lawyer pick an effective strategy. If you’re facing issues with child support enforcement,contact us to discuss your options.
Additional Information in Colorado
Littman Family Law and Mediation Services
1772 Emerson Street
Denver, CO 80218
Phone: 303-832-4200
Fax: 303-832-9322
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