Child support is essential for ensuring that children’s needs are met after a divorce or separation. These payments are designed to cover essential expenses like food, housing, healthcare, and education, contributing to the child’s overall well-being. Unfortunately, not all parents fulfill their child support obligations, leaving the custodial parent and the child in a challenging position. In Colorado, there are legal mechanisms to address non-payment and hold the responsible party accountable.
Legal Obligations and Consequences for Non-Payment
Child support orders are not optional suggestions—they are legally binding court directives. Failing to comply with these orders has serious consequences in Colorado. The state provides several enforcement mechanisms to ensure compliance, including:
- Wage Garnishment: Colorado’s Child Support Services (CSS) program can coordinate with the non-paying parent’s employer to deduct child support payments directly from their paycheck. This is one of the most effective enforcement tools.
- Tax Refund Interception: If a parent owes back child support, their federal or state tax refunds can be intercepted and applied to the overdue amount.
- License Suspension: Non-compliance can result in the suspension of driver’s licenses, professional certifications, or recreational licenses, such as hunting and fishing permits.
- Asset Seizure: Bank accounts and other financial assets may be seized to recover unpaid support. This ensures that funds are directed toward the child’s needs.
- Contempt of Court: Willfully ignoring a child support order can lead to a contempt of court charge. This could result in penalties such as fines, community service, or even jail time, depending on the circumstances.
These measures are designed to hold non-compliant parents accountable and ensure that children receive the support they are entitled to under the law.
Steps to Address Unpaid Child Support
Dealing with a parent who refuses to pay child support can be stressful and frustrating, but there are actions you can take to enforce the order and secure the necessary funds. Below are practical steps to address this issue effectively:
1. Contact Colorado Child Support Services (CSS)
CSS is a state agency dedicated to helping families enforce child support orders. By opening a case with CSS, you gain access to tools such as wage garnishment, tax refund interception, and other enforcement measures. Their experienced staff can assist in recovering unpaid support efficiently and effectively.
2. File a Motion for Contempt
If a parent is willfully ignoring their child support obligations, filing a motion for contempt of court is a powerful legal option. This process requires the non-paying parent to appear before a judge and explain their non-compliance. If the court determines that the parent is intentionally disobeying the order, they may face penalties designed to compel compliance, including fines or jail time.
3. Request a Review of the Child Support Order
In some situations, non-payment may result from legitimate financial difficulties, such as job loss or medical issues. If this is the case, it may be appropriate to request a review of the child support order. Colorado law allows for modifications when there has been a substantial change in circumstances. A review can ensure that the order is fair and reflective of the current financial situation.
4. Consult with an Attorney
Working with a skilled family law attorney can significantly improve your chances of enforcing a child support order. An attorney can guide you through the legal process, file the necessary paperwork, and represent you in court. They can also help you explore all available enforcement options and develop a strategy tailored to your situation.
Common Defenses Non-Paying Parents May Raise
Non-paying parents may attempt to justify their refusal to pay by raising certain defenses. While these defenses may have merit in some cases, they do not eliminate the obligation to comply with a court order. Common defenses include:
- Inability to Pay: A parent may claim they are unable to afford payments due to job loss, medical bills, or other financial challenges. However, the proper course of action is to request a modification rather than stopping payments unilaterally.
- Disputes Over Parenting Time: Some parents refuse to pay child support because they feel the custodial parent is not adhering to a parenting time agreement. While this frustration is understandable, it is not a valid reason to withhold support payments.
- Informal Agreements: A parent may argue that they reached a verbal agreement with the custodial parent to reduce or suspend payments. These arrangements are not legally binding unless approved by the court.
If a parent has legitimate concerns or financial hardships, they should address these issues through the legal system rather than refusing to comply with the order. A judge can evaluate their circumstances and determine whether adjustments are warranted.
The Impact of Unpaid Child Support on Families
When child support goes unpaid, the financial strain often falls on the custodial parent, who may struggle to cover the costs of the child’s needs. This can lead to difficult decisions, such as cutting back on extracurricular activities, delaying medical care, or moving to less expensive housing. The child may also feel the emotional effects of financial instability, which can impact their sense of security and well-being.
Moreover, unpaid child support can create tension and conflict between co-parents, further complicating an already challenging situation. Ensuring that child support obligations are met is not just about finances—it is about providing a stable and supportive environment for the child to thrive.
How Littman Family Law Can Help
If you are facing challenges with unpaid child support, the experienced team at Littman Family Law is here to assist. Our child support attorneys in Denver, Colorado, have a deep understanding of the legal tools available to enforce child support orders. We are dedicated to helping you protect your child’s well-being and secure the financial support they deserve.
Our attorneys can provide comprehensive legal guidance, represent you in court, and advocate for your family’s best interests. Whether you need assistance with enforcement, modification, or understanding your rights, we are here to help every step of the way.
Call Littman Family Law and Mediation Services Today
Child support is a legal and moral obligation, and non-payment should not be taken lightly. If you are dealing with a parent who refuses to pay child support, do not hesitate to seek assistance. Contact Littman Family Law. today to schedule a consultation and take the first step toward ensuring your child receives the support they need to thrive.
