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.

ESTABLISHMENT OF CHILD SUPPORT AND RELATED EXPENSES

COLORADO CHILD SUPPORT   DIVORCE ESTABLISHING CHILD SUPPORT CRS 14-10-115 STATE COURTS District Court   *   El Paso County Colorado Divorce e-Filing court - mandatory Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

        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.

        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.

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.

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).  

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). 

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.

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. 

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

COLORADO CHILD SUPPORT   PATERNITY ESTABLISHING CHILD SUPPORT CRS 19-4-116, CRS 19-4-117 STATE COURTS Juvenile Court   *   El Paso County Colorado Paternity e-Filing not available Juvi Court Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

        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.

        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.

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.

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

COLORADO CHILD SUPPORT ENFORCEMENT     GENERAL INFORMATION STATE COURTS District Court   *   El Paso County Colorado Divorce Paternity - Parentage Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

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

Children are entitled to and need support of both parents   Regarding spousal maintenance - to obtain an order, an income capability disparity and need existed   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   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 raised my daughter alone from infancy through emancipation.  I 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 without assistance.  I 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.

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Child Support Overview Page Top

COLORADO CHILD SUPPORT ENFORCEMENT   PROCEEDINGS AVAILABLE  STATE COURTS District Court   *   El Paso County Colorado Divorce Paternity - Parentage Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes
1. REGISTRY FUND
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.   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.                IV If not previously ordered, registry fund payment is an important tool for future enforcement and timely receipt of support.   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.   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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        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.

        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.

INTERSTATE SUPPORT ENFORCEMENT

INTERSTATE SUPPORT ENFORCEMENT INCOMING CASE   OUT OF STATE SUPPORT ORDER COLORADO OBLIGOR RESIDENCE STATE COURTS District Court   *   El Paso County Colorado Divorce Paternity - Parentage Self Help Clinics Self Help Legal Research simply put - the person who owes support lives in Colorado the person who is entitled to support lives in another state and has a support order from another state Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

1. REGISTRATION OF FOREIGN DECREE

Pursuant to CRS 14-11-101, a decree of dissolution of marriage entered in another state can be registered in Colorado if the obligor is a resident here. In such circumstances, the Colorado court takes jurisdiction as though the initial order was entered here.  An exemplified, not certified copy, of all documents in the originating court file must be filed here with the registration.  Most states have similar statutory provisions under full faith and credit provisions of the U.S. Constitution.           This can be a rapid means to obtain jurisdiction over the obligor and utilize judgment or contempt remedies.  The downside to foreign decree registration is that the responding jurisdiction courts then also have jurisdiction (power) to modify parental responsibilities (fka custody) or parenting time (fka visitation).  That can be a significant problem which doesn't exist under the Uniform Interstate Family Support Act, CRS 14-3-101, et. seq.           Registration of foreign decree can only be done in the state in which the obligor is living.  Unless the obligee also resides in the same state, registration of foreign decree is not wise given the possibility of a custody or visitation fight in the obligor's home state and problems under the Uniform Child Custody Jurisdiction and Enforcement Act, CRS 14-13-101 et. seq.           Consult counsel if you are considering representing yourself and foreign decree registration remedies - a lay person is likely in way over his / her head.

2. REGISTRATION & ENFORCEMENT OF FOREIGN JUDGMENT

Once child support has been reduced to judgment (see above), the judgment may be registered in the foreign jurisdiction and enforced as any other money judgment.  Uniform Enforcement of Foreign Judgments Act - CRS 13-53-103  When filed, the judgment has the same effect and is subject to the same procedures, defenses and proceedings for re-opening, vacating or staying as a Colorado judgment and may be enforced or satisfied in like manner.  An exemplified, not certified copy, of all documents in the originating court file must be filed here with the registration.  Most states have similar statutory provisions under full faith and credit provisions of the U.S. Constitution.

Upside to this process:         Rapid enforcement         Judgment for support can be taken quickly in the home state where the original support order entered         Local private counsel can be retained in the responding state to proceed with enforcement         The responding court has no jurisdiction over the issues of parental responsibility allocation (custody) or parenting time (visitation)   Significant downside to this process:         Loss of contempt remedy         Contempt of court is never an available remedy for enforcement of a money judgment                 This applies to Colorado or the jurisdiction in which the judgment is registered         Support arrearages may not be enforced by judgment and contempt of court.         Once the arrearage has been reduced to judgment, contempt of court remedy is waived.  Contempt is no longer an available remedy even if the obligor moved to state of the original court order or if a interstate support enforcement action were later commenced.         Garnishment limitations for a money judgment are significantly less than child support enforcement             Instead of 55% or 65% the money judgment may be limited to 25% or 35% of disposable income             Garnishment priorities for a money judgment are less than for a support judgment                 This garnishment would rank below:                         other support income assignments, garnishments or health benefit assignments                         This applies even if the above were subsequently served after the judgment garnishment         If the obligor's employer is later served with separate                  support income assignments, garnishments or health benefit assignments                 this money judgment would be subordinated behind the support assignment or garnishment                 The judgment creditor would likely receive nothing until the support garnishment or assignment was released         Assets which would be subject to seizure as a support enforcement may be exempt from garnishment or levy as a money judgment. e.g.: military pay or retirement pay

As with foreign decree registration remedies, consult counsel if you are considering representing yourself regarding registration and enforcement of support as a foreign judgment.  A lay person is again likely in over his / her head.

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INTERSTATE SUPPORT ENFORCEMENT OUTGOING CASE   COLORADO SUPPORT ORDER OUT OF STATE OBLIGOR RESIDENCE STATE COURTS District Court   *   El Paso County Colorado attorney does not accept outgoing interstate support enforcement cases simply put - the person entitled to support lives in Colorado and has a Colorado support order the person who owes support lives in another state Self Help Clinics Self Help Legal Research Colorado Revised Statutes Find a Lawyer

Colorado has enacted the Uniform Interstate Family Support Act, CRS 14-3-101, et. seq.  This is a mechanism whereby support can be enforced interstate and was formerly known as Uniform Reciprocal Enforcement of Support (URESA).  If the divorce or support order was entered in State A, the obligee now lives in State B and the obligor now lives in State C, support can still be commenced from the obligee's home state - State B.  Convenient.  Also, if paternity has not been established, DNA testing can be ordered and a paternity order will be entered, but the responding court will not address custody or visitation.   Collect the cash, but no need to consider visitation - also quite convenient.  Remedies of judgment enforcement or contempt of court are available - very convenient.  There is a nominal fee for the information packet, but otherwise the obligee doesn't incur attorney's fees or costs - perhaps the most convenient factor of all.           Clients who previously retained my services had generally waited 2 - 3 years for the local governmental Child Support Enforcement Unit (CSE) to act, and the local court had not yet entered orders to forward the case to the responding jurisdiction.  They were frustrated, and private counsel could act with reasonable speed.  In all fairness, at that time the local CSE was under different contract and management.  I suspect the current CSE is also swamped with cases.

Then the feds came on scene with

Standardization forms which required duplication of data in multiple form locations         delay and fees         civil injunction Reporting and statistic requirements:         case be forwarded from the local court             to the Colorado DHS for statistics                 then to the responding state DHS state office for statistics                     then to the responding jurisdiction CSE and court for litigation         add more time delay and tracking

In the last interstate support enforcement case I initiated from Colorado, the responding state DHS (Nebraska) declined to accept the incoming case because I was a private attorney without a FIPS code - a federal CSE ID number. I was told absent the FIPS code, the local CSE would not receive federal compensation, and they therefore declined CSE participation in the case.  After paying an attorney in Nebraska to research whether he could file the case, I was advised only the government CSE could prosecute the incoming support case.  Client received a full refund, and I discontinued outgoing interstate support enforcement representation.           Private attorneys can generally act quickly, while government offices may not be highly motivated or are inundated with welfare cases and back burner non-welfare cases.  Parents need support for kids now - in future years.  In my opinion, typical federal FUBAR.  Although the motivation may have been good, in their zeal to standardize, regulate and generate data, the feds have taken private counsel out of interstate child support enforcement.

attorney does not accept outgoing interstate child support enforcement cases

.        The El Paso County Bar Association Lawyer Referral Service Program may be aware of a private attorney who will initiate an outgoing interstate child support enforcement cases.  Using the local CSE may cause delay, but it may be your only alternative.

FIND A LAWYER ANYWHERE    Child Support Overview Page Top

        Government expends a large sum of money on AFDC (welfare - Aid to Federally Dependent Children).  When welfare is provided to a family, naturally the government is interested in collecting child support from the obligor parent to reduce the government expenditure.  Under Title IV-D of the social security act, federal funding is provided to local government to establish child support enforcement units.  You may also hear these referred to as IV-D agencies or CSE.  Support enforcement was previously provided by the district attorney's office, however for years local IV-D child support enforcement units have been privatized under contract.

        The primary function of any CSE is to collect support arrearages in cases where an AFDC recipient has assigned his / her rights to receive child support in exchange for welfare benefits.  In other words, the government is collecting back welfare paid on behalf of children from non-residential parents.  IV-D units will also enforce support on behalf of non-welfare obligees.

1. Upside:
           IV-D child support enforcement units also collect support for non-welfare persons
           There may be a minor fee of $35+ for the initial packet, however the CSE units do not charge attorney's fees
           If you are patient: "If it's free, it's for me."

2. Downside:
           Likely a non-welfare case will not be assigned as high a priority as a welfare case
           Patience will likely be required
           It may be difficult to speak to the attorney or paralegal assigned to your case

        CSEs in Colorado have the power to initiate proceedings for suspension of the obligor's relevant licenses.  After administrative hearing by the CSE and issuance of a non-compliance notice,  actual suspension is finalized by the relevant state Department of Revenue, Division of Motor Vehicles or Division of Wildlife, or state professional regulatory and licensing agency.
 

CRS 26-13-123	Colorado driver's license or    Colorado driving privileges if obligor is licensed out of state   Enforcement - refer to my primary website Driving Under Restraint page
CRS 26-13-126	Professional / occupational license
CRS 26-13-126	Recreational licenses - hunting, fishing or boating

        CSEs also have lawful power to initiate proceedings for intercept of revenue due the obligor.

CRS 26-13-111	IRS + Colorado DOR tax refund intercepts
CRS 26-13-111.5	State vendor payment intercepts
CRS 26-13-118	Lottery winnings intercepts

        Private counsel does not have lawful authority to take the above actions, however can contact CSE attorneys requesting commencement of suspension proceedings.  Naturally, a sufficient factual basis must be provided to CSE attorneys.

        All types of license intercept or suspension proceedings can be initiated concurrent (at the same time) as other enforcement proceedings.  Although CSE units likely have a heavy caseload, typically the CSE paralegals and attorneys are competent.  Bear in mind - support enforcement is their exclusive practice - it's what they do.

        NOTE.  Until a child support order has been entered by a court of competent jurisdiction, an obligor is potentially liable for the entire amount of welfare paid on behalf of the child(ren).  CSEs seek actual welfare paid, not limited to the presumptive statutory child support guideline computations, and this may be significantly more than a subsequent child support order.  It typically takes the IV-D Units a period of time to get to any case, but when they do, the attorneys can be quite aggressive.  If the children are receiving welfare, it is to the obligor’s advantage to obtain a child support order as quickly as possible to limit the welfare reimbursement liability which will be sought by the government.
                See CRS 14-14-104, CRS 14-10-115, CRS 19-4-116
                In re Marriage of Ward, 856 P.2d 67 (Colo. App. 1993), People v. J.J.H., 7 P.3d 1021 (Colo. App. 2000)

El Paso & Teller Counties - Local Area CSE Units
location and phone number information

        Where relevant, I utilize the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

        If retained by counsel as an agent of the attorney, such independent service providers are bound by the attorney-client privilege.  If retained privately by the client, no such agency or confidentiality exists.

ATTORNEY'S FEES AND COSTS CHILD SUPPORT Secure On-Line Payment
ENFORCING CHILD SUPPORT		STEP-PARENT ADOPTION - NON SUPPORT
INITIAL DIVORCE	DIVORCE MODIFICATION	INITIAL PATERNITY	PATERNITY MODIFICATION

POTENTIAL FEE QUOTE SUPPORT ENFORCEMENT CHILD SUPPORT  *  SPOUSAL MAINTENANCE HOURLY FEE RATE TRUST DEPOSIT REQUEST This office bills hourly fees only in family law cases.  Time expended determines fees.  Due to the fact I can not predict behavior of parties who were in a previous relationship and may be emotional, I do not offer flat fees or contingency (percentage) fees regarding support enforcement.
PAYMENT Secure On-Line Payment Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.
Colorado Springs Attorney Robert D. Gustafson HOURLY ATTORNEY FEES LITIGATION COSTS DEPOSIT $       hourly    $     variable        child support or alimony enforcement common trust deposit request including attorney's fees & litigation costs - excluding travel map * travel policy - time & expenses * travel rates   $2,000*
support enforcement matter without modification issues * this shall not constitute an offer, nor be construed as a binding estimate
Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits.	Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.
trust deposit for anticipated fees & costs is due when retained attorney does not accept installment payments FIRST CONSULTATION ALTERNATIVES regular billings are scheduled on the 1st and 15th payment not received as agreed = representation withdrawn	MAJOR CREDIT CARDS ACCEPTED PAYPAL ACCEPTED Secure On-Line Payment THIRD PARTY PAYMENT AUTHORIZATION charge card merchant discount
COSTS Out of pocket expenses (costs) are the responsibility of the client.
Generic costs relevant to any divorce action Generic costs relevant to paternity action	Generic costs relevant to any litigation
PARTIAL LIST OF POTENTIAL COSTS out of pocket costs are the responsibility of the client generic costs relevant to child support action generic costs relevant to litigation link to Colorado Judicial Branch website current costs information published by state COLORADO STATE COURT COSTS litigation costs fluctuate - below estimates may be obsolete fees & costs assessed by courts or third party providers are not within attorney control
$   0.00   Court - filing fee - judgment or contempt enforcement 95.00   Court - filing fee - motion to modify - 60 days or more after initial order 35.00   Court - writ of execution 35.00   Court - writ of garnishment 55.00   Court - writ of attachment 20.00   Court - transcript of judgment 15.00   Court - satisfaction of judgment certificate 15.00   Court - certification - per document 15.00   Court - exemplification 0.75   Court - copy cost per page 50.00   Court - judgment creditor docket fee -          creditor's examination or creditor's interrogatories 10.00   Court - judgment debtor fee - judgment $  5,000 - $10,000 30.00   Court - judgment debtor fee - judgment $10,000 - $20,000 50.00   Court - judgment debtor fee - judgment $20,000 - $30,000 90.00   Court - judgment debtor fee - judgment $30,000 - $50,000 Varies   Court - judgment debtor fee - judgment $50,000 and over             $90.00 + $2.00 for each $1,000 over $50,000 5.00   Clerk and Recorder - filing fee - per page     divorce or paternity filing fees or out of pocket expenses Court filing fees  (parenting class difference) With Children Without Children Petitioner - Dissolution of Marriage $234.00 $194.00 Petitioner - Legal Separation $229.00 $189.00 Respondent - either dissolution of marriage or legal separation $  80.00 $  80.00 Registration of Foreign Decree - Divorce or Custody $151.00 $151.00 Petition for Allocation of Parental Responsibilities $186.00 + $40 Class = $226.00 n/a Paternity court filing fees - initial proceedings:          Petitioner & Respondent $159.00   $  90.00  Outgoing interstate enforcement $  00.00 n/a Intervenor Third Party Filing $145.00 Motion to Modify - 60 days or more after initial order $  95.00 $  95.00 Motion to Convert Legal Separation to Dissolution of Marriage $100.00 $100.00 ADR - Alternate Dispute Resolution - Mediation (fee per party) $100.00 minimum $100.00 minimum Birth certificate          paternity disputed - husband not the father          Colorado $  35.00          Other states each set their own fees Background Search - cost per parent search Price Price DMV Out of State Driving Record  - per parent search Varies Varies Court records search & copy costs (actual may be more or less) $  10.00 $  10.00 Copy expense at courthouse - files (estimate - may vary) $  10.00 $  10.00 Final decree & support order certified copies at courthouse - cost per certification $  15.00 each $  15.00 each On-line legal research - depends upon research issues Varies Varies Private investigator initial retainer -  - if relevant - Rivera Investigations utilized         variable - missing birth parent $______ $______ Process service expense -          depends upon location of birth parent $______ $______ Travel time and expenses  if case outside Colorado Springs Rates Rates
CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

ATTORNEY REPRESENTATION AND DECLINED MATTERS

FAMILY LAW DEBT COLLECTION COMMUNITY RESOURCES FIRST CONSULTATION TRAFFIC DEFENSE CRIMINAL DEFENSE SEALING CRIMINAL RECORDS ATTORNEY SELECTION DRUNK DRIVING - DUI DEFENSE PRIMARY WEBSITE INDEX RETAINING GUSTAFSON DRIVER LICENSE DEFENSE ADVICE BY LAYMEN ACCOUNTING STRUCTURE

ALTERNATIVES FIND A LAWYER if you are seeking the below please refer to above links for helpful information sole practitioner attorney does not accept these matters   a.  a pro-bono (free) lawyer b.  an attorney who may take lower fees - economic hardship c.  an attorney who may take installment payments Attorney Welcomes third party payment authorization charge card merchant discount

MID-LITIGATION REPRESENTATION alternatives and find a lawyer links provided as a courtesy Attorney Policies Litigant Pro Se - Attempt to Prepare or Defend Own Family Law Case 1.  Adequate Time.  If sufficient time exists to adequately prepare your family law case or defense and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation. 2.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline. Alternatives FIND A LAWYER 3.  Limited Assistance.  Please do not call requesting instruction, directions, legal theory, forms completion or limited document drafting, partial representation, or an explanation of applicable law to assist you in preparation or defense of your own case.  I decline. Alternatives FIND A LAWYER Attorney Policies Representation by Previous Attorney 1.  Current Attorney.  Until an order has entered withdrawing representation by an attorney, an ethical rule violation exists if counsel knowingly speaks to another attorney's client without current attorney's consent.  This ethical rule governs all attorneys.  Please do not call until after you have terminated representation by a former attorney.  After other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."  Please be aware fees and costs will be associated with procuring the court file and coming up to speed in the case. 2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your family law case, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation. 3.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline. Alternatives FIND A LAWYER 4.  Second Opinion.  I will not arm chair quarterback another attorney's case preparation, trial tactics or theory of the case.  Please do not call for a second opinion or an opinion regarding the competence of preparation or defense in your current family law case.  I decline. Alternatives FIND A LAWYER

POST DECREE MATTERS alternatives and find a lawyer links provided as a courtesy former clients are naturally welcome to call anytime regarding any legal matter 1.  Post Decree Support, Property or Debt Enforcement.  I accept most post decree requests to enforce a prior court order with respect to child support, spousal maintenance, property or debt.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation. 2.  Post Decree Modification.  I will consider post decree modification of support, parental responsibility or parenting time or setting aside a former property or debt order, however I do consider the amount of time elapsed since last order, circumstances surrounding the modification and number of prior attorneys retained by a prospective client.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation. 3.  Appeals.  I do not accept appellate matters unless I provided representation at hearing or trial and am familiar with the facts, testimony and exhibits received into evidence and meritorious issues for appeal.  That's been my policy for years.  Please do not call or inquire regarding appellate matters if you are not a former client. Alternatives FIND A LAWYER

ATTORNEY TRADE AREA & TRAVEL OUTSIDE EL PASO COUNTY GEOGRAPHIC DISTANCE ECONOMIC CONSIDERATIONS Colorado is a big state.  Ease of internet access, email and toll free phone doesn't change that fact.  Due to frequency of court appearances, it is not economically justifiable for a client to pay travel time or expenses beyond nearby counties. Attorney has limited his trade area due to cost considerations. TRAVEL  RATES TRAVEL TIME  *  MILEAGE  *  EXPENSE Attorney is very willing to travel outside the Colorado Springs area to present or defend a case, but please be aware travel time, mileage and expense would apply.  If you are from out of state or are unfamiliar with Colorado geography, refer to the map to determine where Colorado Springs is located in relation to the county of your court case or hearing. Colorado MAP COUNTIES CITIES / TOWNS If travel is necessary, a trust deposit would be required to cover anticipated travel time, mileage & expenses.  If it is not economically justifiable to retain my services with travel, please contact counsel in the locale of your case. El Paso County Colorado Springs / Manitou Springs / Fountain Arapahoe County Littleton / Centennial / Englewood Douglas County Castle Rock Elbert County Kiowa / Simla I welcome new cases.  Intent is not to be harsh or to discard potential new business, but to be practical. Crowley County Ordway Fremont County Canon City / Florence / Penrose FIND A LAWYER ALTERNATIVES Pueblo County Pueblo Teller County Cripple Creek / Woodland Park

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