Enforcing spousal support can be a challenging and often overwhelming process. At the Law Office of Greg Quimby, P.C., we understand that the decision to seek enforcement typically comes after much heartache and is rarely anyone's first choice. We also know the complexities involved and are here to provide you with tangible tips and guidance to navigate this journey successfully.
What Is Family Law Enforcement?
Enforcement, in the context of family law and specifically in relation to Colorado spousal support laws, is the legal process that ensures all parties involved adhere to the stipulations of the court-ordered spousal support. This involves fulfilling financial obligations that have been predetermined and legally bound by a court of law.
Non-compliance with these stipulations can lead to serious legal consequences. When a party fails to pay the ordered spousal support, the recipient can file a motion to enforce the order. The Colorado court has multiple enforcement tools at its disposal. The enforcement method the courts proceed with will depend on the specific nature of your case.
Enforcement measures may include:
- Income assignment/income withholding
- Asset seizure
- Judgment liens
- Contempt of court
What to Do When Spousal Support Payments Aren't Made
If your former spouse is not meeting their court-ordered spousal support obligations, it's essential to understand the steps you can take to address this issue. The first and foremost step is to seek legal advice. Working with an experienced family law attorney, like ours at the Law Office of Greg Quimby, P.C., can provide invaluable guidance during this challenging time and help you make informed decisions that protect your rights and interests.
Before your meeting with your attorney, ensure you gather all necessary documentation. This facilitates a smoother process and equips your attorney with the information needed to evaluate and construct a compelling case.
Your documentation should include:
- The original court order for spousal support
- Records of all previous payments
- Any written communication about the payments with your former spouse
- Evidence of your former spouse's income and assets, if available
- Evidence of your financial needs and expenses
Remember, while the process may seem daunting, you are not alone. With professional legal guidance and thorough preparation, you can navigate through this journey toward a fair and just enforcement of your spousal support.
When to Seek Spousal Support Modification Instead of Enforcement
There are instances where seeking a modification of a spousal support order, rather than enforcement, may be more appropriate. This is typically the case when the paying party experiences a significant and continuing change in circumstances that makes fulfilling the current order difficult or impossible.
These changes can include:
- Job loss,
- A significant decrease in income,
- Severe health issues, or
- A change in the recipient's financial circumstances.
In Colorado, the party seeking modification must prove that a continuing and substantial change in circumstances has occurred since the original order. The court will then consider this evidence along with other factors like the duration of the marriage, the financial resources of the party seeking modification, and the ability of the other party to meet their own needs while paying spousal support.
Suppose you believe you or your former spouse's circumstances have significantly changed, and a spousal support modification might be necessary. In that case, consulting with a skilled family law attorney who understands Colorado's specific laws and regulations is advisable.
Don't Be Afraid to Seek Help
Remember, if you are in a situation where you cannot comply with a court order, like spousal support, it's crucial not to stop making payments. Failing to adhere to a court order can lead to severe legal consequences. Always seek legal advice before making any decisions in relation to your obligations.
Similarly, if your former spouse is not making required alimony payments, you do have options. Though enforcing spousal support in Colorado requires a thorough understanding of family law, you do not have to go through this alone. The attorneys at the Law Office of Greg Quimby, P.C., are well-versed in Colorado divorce law, and we are prepared to use our experience to help you.
Please send us a message online to schedule a consultation.