Enforcing Child Support Orders

Are you involved in a divorce or child custody case involving child support? (The Colorado statutory tiles for these are dissolution of marriage and allocation of parental responsibilities). An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

There are various methods to enforce payment of child support if a parent does not voluntarily make or maintain appropriate payments. If support is not being paid, a parent may file a motion for contempt of court or seek remedy through the state Child Support Enforcement Agency. All states have child support enforcement agencies that assist in the collection of support payments. The state’s priority is parents utilizing public benefits; however, any parent can agree or be ordered to pay support through the Family Support Registry.

Child Support Enforcement has access to remedies that private practitioners do not, such as intercepting tax refunds. However, with Child Support Enforcement, collection for those not receiving government financial support may be a lower priority and take longer to accomplish. However, this is a free resource to clients who are concerned about legal costs. The agency can also assist in the establishment and modification of support orders. Colorado has a parent locator service for assistance in locating parents who are not providing court-ordered support. The custodial parent or an attorney can obtain the information with a court order, or can use a skip trace service to attempt to locate a parent and determine where that parent works for purposes of wage garnishment.

A written advisement is required on child support orders defining the legal standard of “substantial and continuing change” and notifying the obligor that they are subject to:

1. Judicial and administrative enforcement remedies;
2. Income assignments;
3. Interest on arrears; and
4. Obligations concerning proof of payment.

The order must also cover:

1. The effect of agreements to modify or amend support, and the requirement for court or administrative approval of the agreements;
2. The effect of spousal maintenance on support; and
3. The effect of emancipation of a child on support.

Interstate family support establishment, modification, and enforcement is governed by both federal and state law. The Uniform Interstate Family Support Act (UIFSA) addresses interstate child support enforcement. The Colorado implementation of UIFSA is embodied in C.R.S. §§ 14-5-101, et seq., which sets forth the procedure for establishment or modification of a support order under UIFSA. A support order can be established in Colorado under UIFSA if the obligor resides in Colorado and the obligee resides outside of the state. An income withholding order from another state is effective in Colorado under UIFSA.

The state Child Support Enforcement Agency offers free administrative remedies for enforcement of support orders. However, remedy for those who are not on public assistance is a second priority. An out-of-state order must be registered in the state in order to enforce or modify. The order must also be registered in Colorado for administrative remedy. C.R.S. § 14-5-602 sets forth procedures to register an order for enforcement. After an out-of-state support order is registered, an order issued in another state is enforceable as though issued in Colorado. A party may oppose the registration of an order in Colorado on certain grounds as set forth in C.R.S. § 14-5-606. A common ground for objection is jurisdiction.

If a parent is not in compliance with a court order to provide insurance coverage to children, there is a remedy. When an obligor is required to maintain medical insurance for the benefit of the children and is does not, an employer can be required to automatically deduct premium costs from an employee’s pay and to provide the coverage. It is necessary to send a Notice to Employer to Deduct for Health Insurance by certified mail, return receipt requested. Additionally, notice may be given directly to the medical insurance provider for privately paid insurance.

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.