Child support is crucial to securing your child’s financial well-being. But when the other parent stops paying, it can create overwhelming stress and financial uncertainty. If you’re facing this situation, you have legal options to enforce child support. Here’s a comprehensive guide on addressing child support enforcement and the tools available under Colorado child support laws.
What Are My Rights Under Colorado Child Support Laws?
Child support laws are designed to ensure that both parents contribute to their child’s well-being and support, even after separation or divorce. When a parent fails to meet their financial obligations, the Colorado Child Support Enforcement Act provides mechanisms for the custodial parent to enforce the support agreement.
Once a court orders child support, it becomes a binding legal obligation. The non-paying parent cannot evade this responsibility. Colorado courts use a mathematical formula to calculate child support, determining each parent’s income, time spent with the child, and other financial responsibilities.
Under Colorado Revised Statutes § 14-10-115, courts calculate child support based on both parents’ incomes, ensuring that children maintain their standard of living as much as possible. Once a child support order is in place, unless exceptional circumstances arise, it’s enforceable until the child turns 19.
How Can I Enforce Child Support?
If the payments stop, you don’t have to wait or wonder what to do next—several legal options are available. The Colorado Division of Child Support Services (CSS) agency offers a variety of enforcement tools. These include garnishing wages, withholding tax refunds, or even suspending the delinquent parent’s license. Let’s explore some of the most effective methods for how to get child support enforced.
Wage Garnishment
One of the most common methods to enforce child support is wage garnishment. Through wage garnishment, CSS can require the co-parent’s employer to automatically deduct a portion of their wages, ensuring you get the payments owed. The withheld amount is then directed to you to cover the overdue payments. Wage garnishment is automatic and continues until the arrears are paid in full.
Tax Refund Interception
If wage garnishment is not feasible or doesn’t cover the full amount, CSS can intercept the non-paying parent’s federal and state tax refunds. This method ensures that any refund due to them is instead applied to the outstanding child support.
License Suspension
Another effective enforcement tool is license suspension. If the parent fails to pay, their driver’s, professional, or hunting and fishing licenses can be suspended. This often acts as a powerful motivator for parents to resume their payments.
Contempt of Court
When all other enforcement methods fail, either the CSS or the receiving parent can ask the court to hold the non-paying parent in contempt. This process is described in more detail below as it involves the courts. For now, we’ll just note that being held in contempt is serious—if the court finds the parent guilty, they could face hefty fines, jail time, or both. Contempt proceedings can be effective, but courts use this enforcement method as a last resort.
Property Liens and Seizures
In more severe cases, CSS can place liens on the non-paying parent’s property, such as real estate or vehicles. They can even seize assets from bank accounts. This method ensures that the parent fulfills their financial obligations, using their own property or funds to cover the debt.
What If the Non-Paying Parent Is Self-Employed?
Enforcing child support can get tricky when the non-paying parent is self-employed, but it’s not impossible. Without an employer to garnish wages, enforcement can seem complicated, but it is still possible. For self-employed parents, the court may order direct payments from their income sources or require them to provide financial documentation to determine available assets.
Additionally, the court can issue contempt orders or property liens just as it would with a traditionally employed parent. Staying proactive in these cases is essential, and working closely with legal counsel can help you through the complicated steps of enforcing child support against a self-employed parent.
How to Get Child Support Enforced Through the Courts?
If the above-referenced CSS enforcement tools fail, you may need to turn to the court system. How can I enforce child support through the court? Let’s look at the court process, which begins with filing a motion to enforce the child support order.
File a Motion to Enforce
This motion informs the court that the co-parent is failing to meet their support obligations. To strengthen your case, gather clear evidence—missed payments, failed communication, or broken promises all show the court you’re serious about enforcement.
Attend a Court Hearing
The court will schedule a hearing where both parties can present their sides. If the non-paying parent cannot provide a valid reason for their lack of payments, the judge will likely issue enforcement measures.
Contempt Proceedings
As mentioned earlier, if the parent continuously refuses to comply, you can request the court to hold them in contempt. Colorado courts treat child support enforcement seriously, with penalties that may involve jail time or substantial fines.
Following the correct legal procedures and submitting all essential documentation is crucial to strengthen your case. It is also advisable to seek legal counsel to guide you through the process and protect your rights.
What Is the Timeline for Child Support Enforcement?
The timeline for child support enforcement varies depending on the method used and the case’s complexity. For example, wage garnishment is typically swift, as employers must legally comply. However, property liens or contempt proceedings can take longer. It’s important to remain patient but persistent and consult with an attorney who can help guide you through the process.
How Can Plog & Stein P.C. Assist with Colorado Child Support Enforcement?
When it comes to child support enforcement, you don’t have to face the battle alone. At Plog & Stein P.C., we are well-versed in Colorado child support enforcement and can help you pursue the appropriate legal remedies. Our knowledgeable family law attorneys are here to fight for your child’s future, ensuring you get the support you need.
Whether you need assistance with wage garnishment, filing a motion with the court, or auditing the finances of a self-employed parent, we have the knowledge and skills to help. Our firm’s experience, dedication, and commitment to delivering results make us the go-to choice for family law matters in Colorado. Contact us to schedule a consultation and start the enforcement process today.
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