Colorado Springs Child Support

 

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Robert D. Gustafson, Attorney At Law
COLORADO SPRINGS TRIAL LAWYER

6538 Charter Drive
Colorado Springs, CO 80918-1335
Phone (719) 260-1002
Toll Free (800) 410-1002

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Fax (719) 260-1003
 
COLORADO SPRINGS
CHILD SUPPORT
WELCOME
I appreciate your interest
perhaps I will become your lawyer
PRIVATE ATTORNEY
NOT
GOV'T CHILD SUPPORT UNIT

I welcome legal representation inquiries
but please do not call thinking this is a government child support enforcement unit.

COLORADO SPRINGS CHILD SUPPORT
ESTABLISHMENT OF CHILD SUPPORT & CHILD SUPPORT ENFORCEMENT
Colorado Springs Attorney - Family Law Trial Practice 25+ Years in Colorado State Courts
El Paso County & Surrounding Colorado Counties - Attorney Trade Area

ESTABLISHMENT OF CHILD SUPPORT
AND RELATED SUPPORT EXPENSES
CHILD SUPPORT ENFORCEMENT
DISCOVERY & CASE MANAGEMT BY COURT
WELFARE INFORMATION
GOV'T SUPPORT ENFORCEMENT UNITS
CSE ADMIN POWERS
CHILD SUPPORT
GENERAL PROVISIONS
INTERSTATE
SUPPORT ENFORCEMENT
 
INCOMING CASE - Support Order out of State
Obligor Living in Colorado

 
Registration of Foreign Decree
 
Registration and Enforcement of Foreign Judgment
 
OUTGOING CASE - Colorado Support Order
Obligor Living Out of State
POST DECREE REPRESENTATION
INDEPENDENT SERVICE PROVIDERS
DO I NEED AN ATTORNEY?
ATTORNEY'S FEES AND COSTS

ATTORNEY POLICIES
Attorney Representation & Declined Matters
Legal Advice to Clients - Not General Public
No Pro Bono Assistance or Installment Payment
Representation Now - Another Attorney or Self
Post Decree Representation
Cases Outside Colorado Springs - Travel

 

FIRST CONSULTATION - NOTICE

 

Attorney welcomes representation inquiries however the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  Attorney does not provide legal opinions, answers or information in response to questions submitted from non-clients, and attorney is not the phone company 411 center for telephone number information.  Given the scope of internet accessibility, I can not be the free "Colorado answer man" and will politely decline requests of this nature.

common fees have been quoted and information provided
attorney is prepared to provide legal representation
attorney comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice
 
Divorce Legal Separation Support Enforcement
Child Support Paternity Step Parent Adoption Restraining Orders
Debt Collection Sealing Civil Records Sealing Criminal Records Criminal & Traffic Defense
 

Colorado Child Support - Colorado Springs - child support enforcement & establishment. Colorado child support guideline computations, child support orders, non-support, abandonment, non-payment of child support, registry fund, family support registry, income assignment, wage assignment, health insurance assignment, judgment, garnishment, levy & execution, liens, contempt of court, statutory interest, child support order or other court order arising from divorce, dissolution of marriage, legal separation, declaration of invalidity - annulment, or paternity - legal parentage, skip tracing.


 
What do I do if I can't find the other parent?
 

attorney has SKIP TRACING capabilities in litigation cases or a PRIVATE INVESTIGATOR may be required
NOTE: attorney accesses databases only during litigation preparation - not available to the general public

A client may save expense by verification of the other parent's current contact information before referring the matter to the attorney for litigation.  If self help fails, search databases are available to Gustafson Law Office which can not be accessed by the general public.  Refer to above skip tracing link.  Government child support enforcement units establish paternity, enforce support & have access to governmental tax databases such as welfare or worker's compensation to which employers report quarterly or annually.  Private counsel and private persons can not access welfare or tax databases.  If a CSE has worked a support enforcement case, contact the CSE for a potential address before retaining private counsel or ordering a commercial (pay) search.  Feel free to bookmark this page in case the CSE option doesn't work out.


ESTABLISHMENT OF CHILD SUPPORT
AND RELATED EXPENSES

 

        Hundreds or perhaps thousands of dollars may be at issue regarding any aspect of child support - any aspect may become a contest in any case.  Naturally, former litigants have taken support issues on appeal, and caselaw exists.

        If you have children, child support will be ordered by the court.  The divorce child support statute is CRS 14-10-115 which sets forth criteria for establishing child support.  From the statute have sprung child support guidelines and  computation forms and tables (like tax forms) which will be used in setting child support, however the court may order a different amount if necessary to set a fair support figure.  The court will look at the ability of each parent to support and the needs of the children, including daycare expenses, medical insurance and deductible or non-covered medical expenses, continuing medical expenses, private school tuition if agreed or court ordered, post-secondary education or other financial circumstances relevant to your children.  Child support is not taxable income or deductible.
        Refer to:
            1.  Hardcopy Legal Forms - local access to forms
            2.  Colorado Supreme Court Legal Forms - available by internet download
            3.  Colorado Supreme Court Child Support Guideline Computation Worksheets - on-line instructions & downloads or 
            4.  Child Support and Spousal Maintenance Software  (commercial site - cost involved & computer installation required)
            5.  Military and Civil Service Defense Employee Pay and Benefits - links to military and civil service defense employee pay and benefits.  This information is beneficial when an LES is not available to the spouse.
            6.  Colorado Revised Statutes (CRS) are available in the local law library supported by the El Paso County Bar Association - you may ask a librarian for assistance in locating statute books.

WHERE CAN I FIND THE LAW?
Self Help - Free Links to Legal Research
Free Self-Help Clinics
Colorado Courts - Forms - Divorce, Paternity, Support & Family - Index & Download
Colorado Courts - Forms - Restraining Orders Domestic Abuse - Index & Download
Colorado Courts - Forms - Adoption - Index & Download
The above links are provided as a public service, but if you attempt "do it yourself" child support
please refer to attorney policy

        Up to 93 overnights, no support deduction is made for the obligation of the residential parent's child support obligation to the other parent. This computation is labeled Worksheet A - Child Support Obligation.

        Commencing at 93 overnights with the other parent, deduction is made for the obligation of the residential parent's child support obligation to the other parent.  This guideline computation is labeled Worksheet B - Child support Obligation - Shared Time. Depending on the actual contribution circumstances, even with 93 or more overnights, the court may use Worksheet A.

        If the parties have multiple children and one or more primarily reside with one parent while one or more children primarily reside with the other parent, two child support guidelines are calculated for the child(ren) with each respective parent, then set off to determine the net support owed by one parent to the other.

        Child support guideline computation worksheet labels do not affect the decision making process or scheduled overnights; they are merely mathematical computations.

        When computing the amount of child support, after born children not children of both parties will not be taken into consideration.  In later modifications, that means if either party has children born of a another relation subsequent to the child who is the subject of the support proceeding, no consideration will be given to the expense of raising or supporting those children, whether born in lawful wedlock or not.  CRS 14-10-115(7)(d.5)(1)

        Receipt of public assistance benefits must be reported at the time of filing the petition.  CRS 14-10-107.7  If public assistance is being received at present, it is important to obtain a support order as quickly as possible to limit potential liability of the obligor spouse.  If welfare has been received for a child, notice must be given to and it is likely the local governmental Child Support Enforcement Unit (CSE) will enter as a party in the case seeking reimbursement for current or past welfare expenditures.

        It is illegal to agree the "non-custodial" parent will not see the children in return for no payment of support. Do not attempt to pass this type of agreement by the court.

        Contest may arise regarding issues such as reasonableness of daycare, unemployment or underemployment and imputed income, tax exemption, health insurance and on-going medical deductible or non-covered expenses.  Medical expenses can include cosmetic orthodontia, medically necessary orthodontia, eye-care, dental treatment, and any uninsured single or chronic health problem.  Significant amounts of money can be involved.

        Current child support may be enforced by income assignment.  With this remedy, the obligor's employer deducts child support or spousal maintenance from the obligor's paycheck each payday and sends direct to the District Court Registry Fund or or the statewide Family Support Registry.  This assures current payment so long as the obligor remains employed.  If one party requests an income assignment, it must be automatically granted pursuant to statute.  CRS14-14-111.5(2)(f)  The fund utilized depends upon the type of support (child support or spousal maintenance) and whether support is ordered in a divorce case or paternity case.

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Health, Hospitalization and Medical Insurance  

        Insurance Required. In child support orders issued pursuant to the divorce child support statute (CRS 14-10-115) the court is required to provide for the child(ren)'s current and future medical needs by ordering either parent or both parents to initiate medical or medical and dental insurance coverage for the child or children through currently effective medical or medical and dental insurance policies held by the parent or parents, purchase medical or medical and dental insurance for the child or children, or provide the child or children with current and future medical needs through some other manner. At the same time, the court is required to order payment of medical insurance or medical and dental insurance deductibles and co-payments. Payment of a premium to provide health insurance coverage on behalf of the children subject to the order is to be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross income.

        Insurance Cost Excessive - Requirement Abated.  Where the application of the premium payment on the child support guidelines results in a child support order of fifty dollars or less or the premium payment is twenty percent or more of the parent's gross income, the court or delegate child support enforcement unit may elect not to require the parent to include the child or children on an existing policy or to purchase insurance.  The parent shall, however, be required to provide insurance when it does become available at a reasonable cost.

        Insurance Assignment.  
        CRS 14-14-112 requires that in all orders which direct the obligor to provide health insurance for any child, the court shall include a provision directing the obligor's employer to enroll such child in the health insurance plan and to deduct from the wages due the obligor an amount sufficient to provide for premiums for health insurance when such insurance is offered by the employer. 
        19-4-116(5) imbues the court in a paternity action with the authority to require a party to purchase or maintain a medical insurance policy to provide for the current and future medical needs of the child.  S.F.E., In Interest of T.I.E., 981 P.2d 642, 647 (Colo. App. 1998).  Similar to child support, where a party has been ordered to provide health insurance, assignment may similarly be entered.  CRS14-14-112(1).  However, if insurance is ordered the statute makes health insurance assignment mandatory.

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Deviation from Child Support Amount Presumed Reasonable
Under Guideline Computations

        The trial court may deviate from presumed amount of support in CRS 14-10-115 according to the criteria in subsection (6) so long as it enters findings that allow an appellate court and the parties to discern the reasons for the deviation. In Interest of D.R.V., 885 P.2d 351 (Colo. App. 1994).  If the record ( paternity case) reflects the trial court considered the relevant factors for determination of support, CRS 14-10-115, (divorce statute) there is no abuse of discretion.  Garcia, supra, In re Marriage of Krise, 660 P.2d 920 (Colo. App. 1983).  

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Divorce
Relation Back - Retroactive Child Support

        Child support may be ordered retroactive to the later date of separation, filing the divorce lawsuit or service of process upon the Respondent.  This is called retroactive child support or relation back.  Issues can be highly contested regarding whether the court enters an order for support during a period of time prior to the order, what period is covered, how much periodic support is ordered and terms of repayment.  Once a support order is entered, each installment becomes a judgment the day it becomes due.  The court may not later modify the amount of support or deny the obligee any lawful remedy.

        Child support can be efficiently enforced. Refer to Support Enforcement for additional information regarding income assignment for support arrearages, garnishment of income or bank accounts or enforcement by contempt of court (jail). 

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Period of Child Support Obligation

        Colorado courts will order child support until emancipation.  For purpose of child support obligations, emancipation under Colorado law is presently the child’s 19th birthday, death, marriage, or enlistment in the U.S. military armed forces. A child may otherwise become earlier emancipated, and emancipation may not in fact occur at age 19 - such as a child with disabilities.

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Statutory Interest

        Statutory interest on child support is 12% per annum from the date each installment was due. CRS 14-14-106, CRS 5-12-101.  Once an order has entered, obligee (person receiving child support) has a right to statutory interest. If an obligor defaults on a child support installment after entry of order, obligee is entitled to statutory interest.  If the court relates back in an order and , at issue may be whether the obligee is entitled to statutory interest at 12% per annum on retroactive support arrearages. 

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Tax Considerations and Exemptions

        Child support is not taxable income or deductible.
        The court may allocate daycare federal tax credit.
        The court may allocate the federal income tax dependency exemption, and further may order each parent to execute necessary forms declaring that either such parent will not claim the children as dependents.  CRS 14-10-115(14.5) - guidelines (divorce), and CRS 19-4-129 (paternity) require the court, unless otherwise agreed by the parties, to allocate the right to claim dependent children for income tax purposes between the parties in proportion to their contributions to the costs of raising the children.




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Child Support Overview

Page Top

 


        As with divorce, and perhaps more so, large amounts of money may be at issue regarding any aspect of child support - any aspect may become a contest in any case.  Again, former litigants have taken support issues on appeal, and caselaw exists.  Much of paternity support law is the same as dissolution of marriage or legal separation.  Therefore, I have simply linked subcategories to the divorce information above except as may be different or unique in paternity cases.

PATERNITY SUPPORT LAW SIMILAR TO DIVORCE

Health, Hospitalization and Medical Insurance

Deviation From Child Support Amount Presumed Reasonable Under Guideline Computations
Statutory Interest Tax Considerations and Exemptions

        Child support will be ordered by the court.  The divorce child support statute is CRS 14-10-115, which sets forth criteria for establishing child support.  The relevant paternity child support statutes are CRS 19-4-116 and CRS 19-4-117.  From the statute have sprung child support guidelines and  computation forms and tables (like tax forms) which will be used in setting child support, however the court may order a different amount if necessary to set a fair support figure.  The court will look at the ability of each parent to support and the needs of the children, including daycare expenses, health, hospitalization and medical insurance and deductible or non-covered medical expenses, continuing medical expenses, private school tuition if agreed or court ordered, post-secondary education or other financial circumstances relevant to your children.  Child support is not taxable income or deductible.  Issues to be addressed are deviation from guideline child support amount, relation back - retroactive child support, statutory interest, tax considerations and exemptions
        Refer to above information sources regarding resources and support computation.

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Expenses of Confinement
Pregnancy, Pre-Natal Care and Birth
and
Medical Expenses Between Birth and Lawsuit

        Expenses of confinement, pre-natal care and birth, and uninsured medical or health care expenses subsequent to birth but prior to legal proceedings may also become contested issues.  Medical expenses can include cosmetic orthodontia, medically necessary orthodontia, eye-care, dental treatment, and any uninsured single or chronic health problem.  Significant amounts of money can again be involved.

        Regarding expenses of confinement, the major obstacle is not the law, but producing evidence of expense.

        Authority for recovery of the medical expenses associated with the pregnancy previously incurred by the mother is found in CRS 19-6-116(3), and jurisdiction rests exclusively under the Uniform Parentage Act.  In Re Custody of Garcia, 695 P.2d 774 (Colo. App. 1984).

        Under CRS 19-4-116, the trial court may order the father to pay the reasonable expenses of the mother's "pregnancy and confinement."  S.F.E., In Interest of T.I.E., 981 P.2d 642, 647 (Colo. App. 1998).  Where the trial court apportioned these expenses between the parties according to their respective gross incomes under CRS 19-4-116, the court of Appeals found no error.

        Copies of canceled checks and former medical billing statements are good evidence.  If the person seeking reimbursement did not keep good records, duplicate accounting statements can be requested from medical providers.  For any exotic or questionable medical procedure, it may be necessary to produce expert testimony as the reasonableness of treatment.

        The law with respect to other prior health care expense issues is more complicated.

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Paternity
Relation Back - Retroactive Child Support

        Child support may relate back to the date of the child's birth or any time subsequent thereto - this is called retroactive child support or relation back.  Issues can be highly contested regarding whether the court enters an order for support during a period of time prior to the order, what period is covered, how much periodic support is ordered and terms of repayment.  Once a support order is entered, each installment becomes a judgment the day it becomes due.  The court may not later modify the amount of support or deny the obligee any lawful remedy.

        Child support can be efficiently enforced. Refer to Support Enforcement for additional information regarding income assignment for current and arrearage child support, garnishment of income or bank accounts and enforcement by contempt of court (jail). 

        The Department of Human Services through the local governmental Child Support Enforcement Unit (CSE) will seek reimbursement of the full amount of public assistance, but is limited to the amount of any court support order.  CRS 19-4-118   If welfare benefits are currently being received, the obligor (person paying support) should seek temporary support orders as soon as possible to limit the amount of liability.


CHILD SUPPORT ENFORCEMENT

 
 

1. DEFINITIONS Obligor is the person ordered to pay
                Obligee is entitled to receive support
                Obligor is ordered to pay support
                Courts use these terms because support may be ordered paid by either petitioner or respondent (plaintiff or defendant in some states), or by husband or wife. Obligor and obligee simply designate who should pay and who should receive.

2. TYPES OF SUPPORT.
                Child support - child may be unemancipated, or may be emancipated.  Emancipation does not cancel the debt, however does limit the enforcement remedies.  Contempt is not available if the child is emancipated.  For purpose of child support obligations, emancipation under Colorado law is presently the child’s 19th birthday, death, marriage, or enlistment in the U.S. military armed forces. A child may otherwise become earlier emancipated, and emancipation may not in fact occur at age 19 - such as a child with disabilities.
                Child support combined with spousal maintenance.
                Attorney's fees and costs previously awarded. Award may have been designated as support, or as property settlement which would reduce the remedies available.

3. STATUTORY INTEREST.
                Colorado law - an obligee is entitled to statutory interest at the following rates:

                Child Support 12.0% per annum    CRS 14-14-106
                Spousal Maintenance   8.0% per annum    CRS 5-12-101
                Property awards   8.0% per annum    CRS 5-12-101
                Fees and costs awards   8.0% per annum    CRS 5-12-101

                When computing arrearages, this office uses a computer program which computes interest on irregular debt transactions. Statutory interest will be actively sought.

4.  LEGAL PARENTAGE
   
     If the child(ren) was / were born out of wedlock and a court order has not entered declaring legal parentage, a paternity order must be obtained before one parent may seek support from the other.  Please refer to my primary website paternity page for more detailed information.

5. BASIC CONCEPTS

  1. Children are entitled to and need support of both parents

  2. Regarding spousal maintenance - to obtain an order, an income capability disparity and need existed

  3. Regardless of need, a support order is an obligation - an enforceable debt
            If funds are not immediately available to obligor, perhaps it is time he / she seeks a loan to pay the support arrears

  4. Nature of support enforcement
            Support enforcement has a two fold purpose.
                To stabilize receipt of current support in a timely fashion
                To recover the arrearages - delinquent and unpaid support
            Enforcement is a business transaction.  I will not participate in a vendetta or seek remedies more harsh than that required to collect support.  The tools available for support collection are more powerful than that of the average creditor - banks or charge card companies  Those tools necessary to accomplish collection will be utilized, no more and no less.  With client’s authority and financial commitment, all legal remedies as may be necessary will be utilized to accomplish support collection
            Obligees are entitled to statutory interest from the date each installment was due
            Obligor will be held accountable.  Neither child support nor spousal maintenance are dischargeable in bankruptcy.  Neither sympathy or empathy are relevant regarding obligor’s current financial position, and manipulation by obligor will not be successful.  Procedures exist for skip tracing and interstate collection of support.  Support will be enforced unless there is extraordinary justification for non-payment
            Obligor's Income.  
                Income is subject to assignment for payment of current support
                Income is subject to garnishment for support arrears
                Employment health benefits are subject to assignment
                Termination of employment by an obligor to avoid support payment is evidence of contempt
                "Job jumping" is evidence of support avoidance and contempt
            Property
                Bank accounts are subject to garnishment
                Non-exempt property is subject to seizure and public sale
            Other remedies
                If warranted, request can be made of the local governmental Child Support Enforcement Unit (CSE) for proceedings regarding suspension of obligor’s driver's, professional or recreational license as may be relevant.
                If warranted, contempt of court can be sought - jail and or fine penalties

                I have raised my daughter alone since infancy.  I've paid all the expenses associated with raising a child - the doctor bills, daycare, food, shelter, shoes, clothing, school supplies, activity fees & materials, etc. I understand the cost of raising a child and enforce support arrears - child support or spousal maintenance (fka alimony).  .
                I also defend against support claims or enforcement if the obligee is making an unjust or unlawful claim for child support or spousal maintenance.  I will litigate meritorious defenses with current child support guideline computations, arrearage computations, and on-line legal research is available to retrieve relevant caselaw.  I will not, however, make a frivolous defense for delay purposes.
                It is irrelevant which gender will be my client and which will be the opposing party.




FIND A LAWYER ANYWHERE


  
Child Support Overview

Page Top

 


1. REGISTRY FUND

  1.         Bookkeeping. To enforce support, obligee must first establish that arrearages exist, and the exact amount of arrearages. Unless proper bookkeeping exists, that may be difficult.

  2.         Registry fund
                     I Child support alone or child support combined with spousal maintenance may be ordered paid by the obligor through the statewide Family Support Registry in Denver.
                    II Spousal maintenance may be ordered paid through the Registry Fund maintained by the local Clerk of Court.
                    III Both registries merely act as a central repository - neither will initiate an enforcement action.

  3.         Detriments and benefits.
                      I Detriment. Payment into the registry fund will delay receipt of payment by approximately 10 - 20 days, however after the first delay, payments would be received monthly if regularly paid.
                     II Benefit. A reliable accounting is available at all times. To retrieve an accounting, the cost is $0.75 per page plus $10.00 to certify. The Court will take judicial notice of the registry fund accounting.  That shifts the proof burden to obligor to show he / she paid more than reflected in the accounting, and that such contributions were in fact for child support.
                    III If not previously ordered, registry fund payment is an important tool for future enforcement and timely receipt of support.

  4.         Mechanics.
                     I The FSR cashes the obligor's check and sends obligee a warrant drawn on the State of Colorado. Upon receipt, obligee knows the check will clear.
                    II The Clerk of Court merely records the payment and forwards the obligor's check to the obligee. The check received will clear if Obligor has sufficient proceeds on deposit.

2. INCOME ASSIGNMENT.  Because support is ongoing, each enforcement action is behind the curve unless provision is made for timely receipt of current support.  An income assignment to be served upon the obligor's employer requiring withholding of current support from obligor's income.  Upon request, income assignment must be automatically granted pursuant to statute. CRS 14-14-111.5(2)(f).  Assignment is standard procedure if obligor is presently employed.  Arrearages may also be collected at the rate of 1/24th of the total - payout in 24 months.  Courts will order arrearage amortization to include statutory interest.  Maximum amount which may be taken is set forth in ¶ 4 below - support income garnishment limitations.

3. HEALTH INSURANCE ASSIGNMENT.  Like support, health care is of an ongoing nature.  The enforcement action may be behind the curve unless provision is made for timely payment of health care insurance premiums.  If obligor was ordered to provide health care insurance, an assignment may be served upon the obligor's employer requiring premiums to be withheld and forwarded to the health insurance provider.

4. JUDGMENT ENFORCEMENT.  Arrearages can be reduced to judgment.
        a. Income garnishment.  A writ of garnishment for support may issue against non-exempt net income of the obligor.  When served upon obligor's employer, non-exempt income must be withheld and paid to the court for subsequent disbursement to obligee.  Support income garnishment limitations:

  MARRIED UNMARRIED
PERIOD OF DELINQUENCY PERCENTAGE OF NET EARNINGS PERCENTAGE OF NET EARNINGS
Less than 12 weeks delinquent 50% 60%
More than 12 weeks delinquent 55% 65%

                Support garnishments have priority over and take a larger share of the garnishee's income than garnishments for non-support.  Non-support garnishment limitations: approx 25% of disposable earnings.  It is clear that a support obligee has significantly more leverage than the average creditor.
        b. Bank account garnishments.  A writ o garnishment served upon a bank, FCU, S&L or other financial institution can be effective.  Whatever assets the obligor may have on deposit are frozen upon service of the garnishment writ, and unless exempt, obligee will receive.
                It is important that a client provide whatever information he / she may have regarding obligor’s assets.  If client has a copy of a former support or other check, that would reveal obligor’s bank.  Discovery proceedings may tip off obligor that bank garnishment is imminent and he / she may move the assets on deposit or convert to cash and try to hide.
        c. Asset levy.  After judgment entry, obligee may obtain a writ of execution and levy against obligor's non-exempt property to be sold by the sheriff on the steps of the sheriff's office.  This is not generally the best means to satisfy the judgment, but can be effective.

5. CLERK OF COURT AS COMMISSIONER TO CONVEY.  If, in violation of a court order, obligor has failed or refused to transfer title to an asset, the most effective means to complete the transaction is to move for an order appointing the clerk of court as commissioner to convey.  Once the muniment of title has been signed by the clerk of court or his / her deputy clerk, the title transfer can be completed with a certified copy of the order.  The court may also award attorney's fees and costs of enforcement.

6. REQUEST FOR ADMINISTRATIVE ADVERSE ACTION
        Request can be made of the local governmental Child Support Enforcement Unit (CSE) which may include:
                a. Suspension of Colorado driving privileges, CRS 26-13-123
                b. Suspension, revocation, denial or termination of any professional, occupational, or recreational license, which "license" may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. This includes adverse action against a professional license and against any hunting, fishing, boats or parks licenses. CRS 26-13-126
                c. IRS + Colorado DOR tax refund intercepts, CRS 26-13-111
                d. State vendor payment intercepts, CRS 26-13-111.5
                e. Lottery winnings intercepts, CRS 26-13-118
         Although the above remedies resonate power, this attorney has not found requests for assistance from the local CSE to be highly productive.  It doesn't hurt to ask, but if it is a non-welfare case I don't anticipate assistance.

7. CONTEMPT OF COURT

        a. Evidence.  Income from employment or other sources, or assets sufficient to satisfy the support obligation establishes ability to comply.  IRS or Colorado DOR income tax records, employer payroll benefit records, bank statements, DMV records, county clerk & recorder, assessor or treasurer records, or other records may be placed under subpoena and produced in court to verify financial ability to comply with the support order and contempt.

        b.  Preliminary Proceedings.  Since incarceration (jail) is an option, in accord with Constitutional protections, the Court will advise the obligor of his / her rights.  Additionally, the Court may require mediation through the Office of Alternate Dispute Resolution - ADR - Mediation prior to final orders hearing.   Refer to the mediation link for additional information.

        c. Criminal Contempt.  Obligee has the burden to establish that obligor had the ability to comply with the court order (pay support), and willfully failed or refused.  Upon a finding of criminal contempt, to vindicate the dignity of the Court, the judge may sentence the obligor to a term certain not to exceed 6 months county jail and / or $500 fine.

        d. Civil Contempt.  Obligee has the burden to establish obligor has the current ability to comply with the court order (pay support).  Upon a finding of civil contempt, the judge may sentence the obligor to an indefinite term until the obligor complies with the order.  This is known as "he who holds the keys to the jailhouse door."

        e. Whichever contempt is pursued, potential for jail is frequently strong motivation for an obligor to find the money to pay support.  An obligee's goal is to bring support arrearages into the bank account, not jail the obligor in retribution.  I consider contempt to the remedy of last resort, but effective.  After objective review of alternatives, if contempt proceedings appear to be the best remedy, I advise clients a contempt order should be pursued aggressively.

8. OVERVIEW.  The goal of a support enforcement proceeding is to reduce the paper debt to spendable or bankable money.  If income or bank accounts can be garnished, this is generally the most effective way to enforce the support debt.  Contempt is the strongest medicine in the cabinet.  This attorney has no aversion to filing a contempt action when warranted, but prefers to resort to contempt where other procedures are unlikely to produce results.  That is why clients are given a rather lengthy fact packet if retained - counsel will review options for appropriate remedies.
        If the obligor resides in the State of Colorado (any county) and the support order was entered by the district or juvenile court in any county in Colorado, the above proceedings are available.  See below for interstate support enforcement.

 
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NON-SUPPORT & ABANDONMENT
INVOLUNTARY TERMINATION OF PARENTAL RIGHTS

 

If eligible, an obligee may wish to consider not enforcing child support, but involuntary termination of the obligor birth parent's rights and step parent adoption.  Adoption should be considered only for the right reasons - to build a nuclear family.  Refer to Step Parent Adoption - Non-Support




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Child Support Overview

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MANDATORY DISCOVERY 
CASE MANAGEMENT BY THE COURT
C.R.Civ.P. 16.2
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        Effective January 1, 2005 Colorado Rule of Civil Procedure C.R.Civ.P. 16.2 was adopted which provides for mandatory disclosure (discovery), limited motion practice and case management by the court.  Judges and magistrates are serious about Rule 16.2 obligations and judicial case management.  Once the case is filed, be prepared to disclose documentation and move the case forward in a timely fashion.  Refer to the above link to view the rule - it applies to the initial case and post decree matters.

        To assist in rapid case preparation, fact sheets have been made available on-line.  Open file password is given to a client or sent via email once retained.  Counsel asks clients to invest significant effort at commencement of representation to provide an understanding of the relevant facts and documents which must be disclosed.  Judicial case management has removed any dilly dallying - timely case preparation is now obligatory to avoid sanctions.


WELFARE INFORMATION

        If government assistance (welfare) was received during the period of support, and if the obligee signed an assignment of benefits (standard requirement), the government will be entitled to support collected before the obligee's entitlement.  Notice of support enforcement proceedings must be given to the local governmental Child Support Enforcement Unit (CSE) to avoid welfare fraud criminal charges.