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How to Navigate Child Support Enforcement in Colorado

Monday, 31 August 2009

Possibly one of the most contentious issues in a divorce action is the enforcement of child support.  In Colorado, like all other states, enforcement of court-ordered child support is managed on a county level.  While some states disburse payments to custodial parents through a state-run Collection and Disbursement Unit, the enforcement of the order usually takes place in the county where the defendant resides. 

Parents are responsible for financially supporting their children, and parents who fail to make their scheduled payments are not only ignoring their financial obligations to their children, they are also violating Colorado law.

However, the enforcement of child support orders isn’t always so simple.  Due to a backlog of delinquent, or “deadbeat”, cases in most Colorado counties, it makes sense to work with a Colorado Child Support lawyer to navigate the legal system.  An attorney can help you determine the best remedy for your situation, including:

1. Income assignment:  If you are a custodial parent seeking past-due support payments, a Colorado child support attorney can help you recover these payments through income assignment, or an automatic deduction from the payer’s wages. 

2. Federal Tax Refund Offset Program:  When child support is owed, the Federal tax refund of the paying parent can be intercepted and used to pay off a past-due child support obligation.

3. Lien: A parent who is owed child support can place a lien on the non-paying parent’s property, including real estate and automobiles. 

4. Contempt of Court: The non-paying parent can be brought before the court through subpoena, and held in contempt until the requested payment is made.  This may or may not result in prison time, depending on whether a good-faith effort is made to pay.

5. Garnishment:  The bank accounts and other financial interests of indebted parent  can be garnished and used to pay off past-due support obligations.

6. Rule 69: A rule 69 proceeding occurs when the debtor, or person not paying child support, is brought in to court and questioned under oath regarding the location of his or her assets.

A Colorado Child Support lawyer can assist a parent who is owed child support.  While many of these remedies can be done independently, an family lawyer will know his or her way around the Colorado family court system and provide support, counseling and representation, all of which will speed the recovery of past-due support. 

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MPatMarrisonFor over a quarter century, we have helped people during what is often the darkest time in their lives. Divorce is not easy even under the best of circumstances. For most people, family is central. Having something go wrong in the family can have a ripple effect that extends beyond the home and into other areas.

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