Whether you're the payor or recipient in a child support arrangement, knowing the consequences of failing to make child support payments in Colorado is helpful information.
To schedule a consultation with our team for your child support case, contact us online or via phone at (719) 212-4227.
Is My Child Support Order Enforceable?
As long as you have an official court order for your child support arrangement, it should be enforceable by the court. However, if you are receiving payments as part of a verbal or written agreement that is not part of an official court order, you may not be able to seek enforcement.
How Do I File a Child Support Enforcement Order?
If you have a child support order but are not receiving payments from the payor, you can file a motion for contempt with your county court. You can also hire an attorney to file the motion on your behalf, or file it through the Colorado Child Support Enforcement Unit.
There are two types of contempt in Colorado. If you file a remedial motion for contempt and the court sides with you, the payor may be placed in jail until they pay for missed support. If you file for punitive contempt, the payor may face more severe penalties, such as a longer jail sentence or a fine, as punishment for failing to make support payments.
The court will evaluate the details of the case, which generally involves using records from Colorado Child Support Services to see whether a payor has indeed missed payments. If the court decides that the payor has failed to supply support they are obligated for, it can hold the support payor in contempt of court.
Once a child support payor is held in contempt of court, the court can take several measures to ensure missed support is repaid, such as:
- Garnishing the payor's earnings or property;
- Placing liens on their real or personal property;
- Requesting the payor to sell off property to repay support;
- Intercept IRS income tax refunds, lottery winnings, unemployment benefits, or income to repay missed support;
- Revoke professional, occupational, or recreational licenses to repay missed support;
- Impose a jail sentence or fine if missed support is not repaid.
Our attorneys can help you pursue the best outcome in your support case. Contact us online or via phone at (719) 212-4227 for help with your case.