Child Support - Enforcement

Enforcement of Child Support in Colorado
 
Individuals that have been awarded child support often have concerns over whether the other party will consistently make child support payments and what they can do if those payments stop.

Child support is an order of the Court. When a Court order is not followed, the Court has broad powers to enforce that order. Given the circumstances of your case there are a number of options to assure that child support is paid in accordance with the Court order.

In some cases, a wage assignment can be made at the time your divorce or allocation of parental responsibilities becomes final. If a wage assignment is part of the Court’s Support Order, a Notice to Withhold Income for Support is sent to the employer of the party owing child support and the funds will come directly out of their paycheck to the party receiving child support.

Another option at the time of divorce is to participate in the Family Support Registry. This can be done through agreement of the parties or through an order of the Court. The purpose of the Family Support Registry is to monitor child support payments. The party paying child support sends their payments to the Family Support Registry. The Registry then records the payment and sends the child support payment amount to the party receiving child support. If there is a problem with payment down the line, the Family Support Registry will report out on the payment history. This record will be taken as evidence by the court and presumed to be accurate.
 
Options for Colorado Enforcement of Child Support
 
If child support payments are not paid in accordance with the Court order then there are a number of options. Which option is best for you depends on the circumstances of your case:

1. Child Support Enforcement: You have the option to use Child Support Enforcement
    in the county where your Support Order was entered to recover child support. Child
    Support Enforcement has a number of tools at their disposal to recover child
    support funds from the delinquent party. If you use Child Support Enforcement
    you will NOT be able to receive interest payments on delinquent funds.
2. Support Judgment: You may file a Verified Entry of Support with the Court to show
    that the party paying child support has not complied with the Support Order. The
    Court will then file a Support Judgment that gives you the power to garnish the
    opposing party’s wages and/or bank accounts. The Support Order can also include
    interest on the delinquent funds owed as well as attorney’s fees for having to
    enforce the Order.
3. Contempt of Court: Another option is to bring a Motion for Contempt. The Court will
    set up a Contempt Hearing where it is expected that both parties will be present.
    At the Hearing, the Court will take evidence on payment or non-payment of child
    support. The Court can also ask questions to discover what financial resources are
    available for payments. The Court also has the power to garnish accounts or wages
    and may impose punitive damages including jail time for non-payment of child
    support. The Court can award interest on delinquent payments as well as attorney’s
    fees. Attorney’s fees are only awarded if no punitive sanctions are imposed. A
    Contempt Hearing is a quasi-criminal proceeding and an imposition of a jail
    sentence, a fine, or both is possible.

Please go to www.burnhamlaw.com for a full overview of the firm and the services provided in both New York and Colorado.