Why can't Child Support Enforcement get into the court file to file contempt on the non paying mother?

My son has custody of his son and the last time he was in court the judge sealed the records to the public.When the CSE tried to file contempt charges for non payment they could not get the info.They are not the "public".She is several thousand dollars behind.She has supervised visitation every other Saturday 9-5.It seems the courts discriminate against men.

Parker, CO -

Attorney Answers (4)

William E. Smith

William E. Smith

Family Law Attorney - Centennial, CO
Answered

The Court may have sealed the file as part of a juvenile case. Generally, juvenile cases are not available to the public. However, it is very unusual to hear that CSE could not gain access to a support order and payment records - particularly if CSE was a party to the case at the time it was filed. I think it is more likely that there is a different problem here. Your son should certainly consider sitting down with an experienced attorney regarding ways to enforce child support orders.

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Teddi Ann Barry

Teddi Ann Barry

Child Support Lawyer - Denver, CO
Answered

Often when there is financial information involved - sometimes account numbers and social security numbers - courts are more often sealing that information from the public. Many times, unless you are counsel or the party involved, you cannot access a domestic relations case.

If this matter was a dependency and neglect case, then at least the orders should have been certified into a domestic relations case in the respective County. When you say, they are trying to pursue a contempt action, all CSE should need is the current court order, and proof of non-payment. Anything else from the file is not really relevant.

Often there are technicians running child support files instead of attorneys, so he may need to ask to speak with an attorney in the department or hire counsel to work with CSE to modify the prior order to include arrears owed.

Best of luck.

Christopher Daniel Leroi

Christopher Daniel Leroi

Business Attorney - Greenwood Village, CO
Answered

As a former judge, I have no idea as to why the judge sealed the records from the public. Normally that is done in criminal cases in which criminal charges are dismissed. Your son's ex failure to make child support payments should show up as non-payments in the Family Support Registry system. So, you should be able to access it that way and file a contempt. I understand your frustrations. Yes, judges have partialities and biases, just like everyone else, I would not be so quick to assume that the judge or the courts are against men. In 23 years of practice, I have definitely not found any favoritism towards either men or women in general.

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Karl J Geil

Karl J Geil

Family Law Attorney - Denver, CO
Answered

While CSE, for whatever reason, may not be able to get into that court file, your son, who is a party to that case, can. He should find out exactly what CSE wants from the file, go to the courthouse, make copies, and give the copies to CSE.

www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice... more

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