Collecting Child Support in Colorado

Posted about 4 years ago. Applies to Colorado, 3 helpful votes

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1

Get the county child support enforcement unit involved.

Every County in Colorado has a division devoted to enforcement of child support orders. These units are frequently overburdened and can move slowly, but they work at no cost to you, and have some enforcement tools that are not available to private entities, such as suspending the Drivers License or Passport of the individual who is not paying support.

2

File a Verified Entry of Judgment.

Under Colorado law, child support payments become judgments immediately when not paid. This means that you don't have to file a motion or file for contempt in order to have a judgment that you can collect on. All you have to do is file a verified entry of judgment with the Court where the child support order was issued, and the Clerk will enter judgment for the unpaid support, which earns interest at 12% per year.

3

Pursue all of your legal collection options.

Once judgment has been entered against the person who is not paying support, you have the ability to garnish his or her wages, bank accounts, or any other person or company who may be holding money on his or her behalf. Child support garnishments take precedence over other types of garnishments, and garnishments for child support arrears can take up to 65% of an individual's wages under certain situations.

4

File a lien against any real property owned by the individual

Once you have a judgment you also have the ability to record a transcript of the judgment as a lien against any real property owned by the individual. This means that if the person wants to sell or re-finance the property, they will have to pay off the judgment before they can do so. This can be a strong incentive to get a child support judgment paid off.

5

File a contempt action

Because child support is Court Ordered, a failure to pay support is a violation of a Court Order and the individual doing so may be held in contempt of Court. The possible penalties for contempt include fines and jail, as well as remedial sanctions designed to compensate you for losses as a result of the individual's failure to pay. In many situations, the individual can be ordered to pay your attorneys' fees for bringing a contempt action. Often, the possibility of facing jail time for failing to pay child support can be a strong motivator to get someone to catch up on their support obligation

Additional Resources

Law Offices of Randy B. Corporon

Colorado State Court Website

Colorado Child Support Enforcement

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