Are you falling behind on child support or need to enforce a child support order? If you answered yes, then the Colorado child support law firm of Cohen and Cohen can help you navigate the available options to collect or modify child support.
Collecting and Enforcing Child Support Orders
In Colorado past due child support may result in garnishment, denial of driver’s license or passport, seizure of tax refunds and bank accounts, poor credit, and judicial action.
To collect child support a garnishment may be pursued against income, bank accounts, or tax refunds. Income sources that may be garnished include, but are not limited to,
- unemployment benefits, or
- worker’s compensation benefits.i
In order to garnish wages the Court must issue a continuing Writ of Garnishment. The Writ will allow up to 65% of disposable earnings to be garnished.ii
Bank accounts or tax refunds may also be garnished.iii In order to garnish the money in your bank accounts a Writ of Garnishment with Notice of Exemption and Pending Levy must be issued by the Court. Once issued, then the money in a bank account may be garnished.iv Also, funds for legal fees that have been paid to an attorney and are held in trust may be garnished to pay child support.v
There are also other collection tactics, which may be taken, such as pursuing a court judgment, placing a lien on property, or requesting that a party be held in contempt of court which may result in a fine or jail time.vi
In addition, one of the most debilitating aspects of past due child support are punishments such as
- suspension of a driver’s license,
- loss of a professional license ,
- restrictions on recreational licenses (ex. hunting and fishing),
- denial of a passport,vii or
- misdemeanor or felony charges for leaving the state.viii
Modifying Child Support
Child support may be modified in order to make a situation fair for the parties involved. In order to modify it you must have a substantial and continuing change to your circumstances, such as a permanent increase or decrease in income of one of the parties.
Decreased income of the person paying for child support or increased income of the person receiving child support or changes in time the child spends with each parent may result in a changed payment. However, if your circumstances have changed because of voluntarily adding expenses, such as a new car or home, then this will not be sufficient to warrant a change in the amounts paid.
If you have changed circumstances, then you will want to file your request with the Court as soon as possible. The Court’s order is generally retroactive, which means you will get relief back to that date your motion was filed.
Taking the Next Step to Collect or Modify Child Support Payments
The next step is to meet with an attorney to protect your interests, determine collection alternatives, or file a motion or Stipulation to Modify Child Support.
We Can Help You Protect Your Interests
If you need assistance in a matter involving child support, at Cohen and Cohen, we can help you understand your options, make important legal decisions, and will provide you with professional representation.
Speak to the Child Support Attorneys at Cohen and Cohen to see how our experience can help you.
To schedule an initial consultation to review your case with a Colorado Child Support Attorney at our convenient central Denver location call 303-933-4529.
ii C.R.S. 13-54-104(3)(b)(II) and 14-14-105
iii C.R.S. 26-13-111, 26-13-128, & 14-10-122(1.5)(a); Executive Order 13019, September 28, 1996; 31 CFR 285, 45 CFR 302.60; 45 CFR 302.70; 45 CFR 303.102; Public Law 104-193; Section 372, 42 U.S.C.; Section 666(17); and Public Law 105-200
iv C.R.S. 13-54-104
vIn re the Marriage of Rubio
vi C.R.S. 14-10-122, 14-14-105, 14-14-110, 14-14-122
vii C.R.S. 26-13-123 & 126 and 42 U.S.C. 652, 654 & 666
viii 18 U.S.C. Section 228