Colorado child support orders can be enforced when not paid in many ways. The enforcement option or defense that is right for your case will depend on the unique facts and circumstances you face. Out Fort Collins child support attorneys can evaluate your options and advise as to which options is best for you. Unpaid child support in Colorado can result in jail time, fines, interest at a rate of 12% a year compounded monthly, suspension of driving and professional licenses, an award of attorney’s fees and much more. There are limited defenses against unpaid child support, such as an agreed upon change in custody, laches, paternity, and actual payment.
Use the child support enforcement unit (CSEU) of the county where the child resides. The CSEU may suspend the license of the obligor and
File for Contempt. If the parent who owes the child support obligation has the ability to pay and willfully refuses to do so, then they will likely be held in contempt of court.
Garnish the wages of the obligor through an income assignment.
File a Lien against bank accounts, real estate, cars, retirement accounts or tax refunds. The lien will encumber the property and may be collected on now or in the future.
Reduce the unpaid child support to a judgement and pursue interest. Interest on unpaid child support is 12% a year and compounded monthly.
The suspension of a professional license, such as a license to practice law or medicine may be an option. The licensing authority for the license may require the obligor to be current in order to practice their profession.
Federal prosecution of a misdemeanor or felony may be an option depending on the amount unpaid and the duration. 18 USC 228.
In matters of child support, Colorado law provides special guidance when the combined gross incomes of the parents exceeds the maximum income outlined in the child support guidelines. The standard guidelines provide an upper threshold of $30,000 in monthly income for purposes of calculating child support.
If your situation has changed since your original order establishing maintenance or child support and you need a child support orders modification, the attorneys at The Cossitt Law Firm can help you through the process toward the goal of a more equitable arrangement.
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