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How do I collect child support arrears?

Castle Rock, CO |

I was recently granted child support and I am receiving payments via wage garnishments from my ex spouse. The amount owed began to add up as my ex spouse continued to try and fight the child support which in turn became arrearages, so though I now receive support based off of the current amount owed, I was wondering how I go about collecting the amount in arrears.

Attorney Answers 3

Posted

You have the arrears automatically converted into a judgment by law and have an attorney go about garnishing, filing liens, and other forms of recovering the money. I know that David Rich out of Boulder does this on a contingency fee basis instead of an hourly fee basis.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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Posted

Thanks for the referral mr. Leroi. If the amount is relatively small and new, you should start by asking child support enforcement for help. I step in where the amounts are older and larger as CSE will not collect interest and they are less aggressive in some cases then a private attorney can or will be. But with a small and/or new amount cse is most efficient and if the obligor is in colorado, they have some good sticks, such as drivers license revocation and contempt. I hope this helps.

You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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Posted

Child support becomes a judgment the moment it is due, so it has been earning interest at 12% since it was due. If your support is being paid through child support enforcement, I agree with Mr. Rich about contacting them, because they will likely do the work for you in changing the wage assignment to include that arrearage. If not, you can contact them about opening an account, or you can attempt to do so on your own, or with an attorney. The forms for a wage assignment can be found on the court's webpage (like attached below.) Often, attorneys are willing to help you on a piecemeal basis, so they can reform your forms and make sure you have everything filled out correctly.

Good luck!

This legal information is provided for general legal purposes and does not establish a client-attorney relationship. Because of the limited information provided in the question, it is difficult to be certain that Counsel is answering the question correctly. You are encouraged to seek further information from an attorney directly so that follow up questions may be asked if necessary.

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