Ensuring that a child support order is followed is crucial for the financial well-being of a child. Unfortunately, not all parents comply with their legal obligations, leaving the custodial parent struggling to cover essential expenses. If you are dealing with unpaid child support in Fort Collins, there are several legal steps you can take to enforce the court order.
A Fort Collins divorce lawyer can help you navigate the complexities of child support enforcement and ensure that your child receives the financial support they are entitled to under Colorado law.
Understanding Child Support Orders in Colorado
In Colorado, child support is determined based on state guidelines, which consider factors such as each parent’s income, the number of children, and the amount of parenting time allocated to each party. Once a court issues a child support order, it is legally binding, meaning that the non-custodial parent must make regular payments.
When a parent fails to pay child support, the Colorado Division of Child Support Services (CSS), as well as local courts, can step in to enforce the order.
Methods for Enforcing a Child Support Order in Fort Collins
If the paying parent refuses to comply with the child support order, you have several legal options to enforce payment:
1. Wage Garnishment (Income Withholding)
One of the most effective ways to collect unpaid child support is through wage garnishment. Colorado law allows the CSS to withhold income directly from the non-paying parent’s paycheck. The employer is legally required to deduct child support payments before the employee receives their wages.
How to request wage garnishment:
- Contact the Colorado Division of Child Support Services to initiate the process.
- Provide details about the delinquent payments and the non-custodial parent’s employer.
- Once the court approves wage garnishment, the employer will automatically withhold child support from the paying parent’s wages.
2. Intercepting Tax Refunds
If the non-custodial parent has unpaid child support, the state can seize their federal and state tax refunds to cover the owed amount. This method is highly effective for collecting past-due payments.
To initiate a tax refund interception, you can work with the CSS or a Fort Collins divorce lawyer to file a claim with the IRS and Colorado Department of Revenue.
3. Suspending Driver’s or Professional Licenses
Colorado law allows the state to suspend or revoke the driver’s license of a parent who is delinquent on child support payments. In addition, professional licenses (such as those for real estate agents, medical professionals, or contractors) can also be suspended if the non-paying parent is in violation of a court order.
This enforcement tool serves as a strong incentive for the delinquent parent to pay what they owe.
4. Contempt of Court
If the non-paying parent willfully ignores a child support order, you can file a motion for contempt of court in a Fort Collins family court. If found guilty, the delinquent parent may face:
- Fines and additional penalties
- Wage garnishment orders
- Jail time in extreme cases
A Fort Collins divorce lawyer can help you file a contempt motion and represent you in court to ensure the non-compliant parent faces appropriate consequences.
5. Placing a Lien on Property or Assets
If the non-paying parent owns valuable assets, such as real estate, vehicles, or bank accounts, the court may place a lien on these assets until child support payments are made. Once a lien is placed, the parent cannot sell or transfer ownership of the asset without first satisfying the debt.
6. Reporting to Credit Bureaus
Non-payment of child support can negatively impact a parent’s credit score. If the unpaid amount exceeds $1,000, the CSS can report the debt to credit bureaus, which may make it difficult for the delinquent parent to secure loans, buy a home, or make large purchases.
7. Federal Prosecution for Extreme Cases
In extreme cases where the parent has intentionally evaded child support payments, the federal government may become involved. Under the Deadbeat Parents Punishment Act, a parent who owes more than $5,000 in unpaid child support and has failed to pay for over a year could face federal prosecution, fines, and jail time.
When to Contact a Fort Collins Divorce Lawyer
If you are struggling to enforce a child support order, a Fort Collins divorce lawyer can provide the legal guidance needed to recover payments. A lawyer can help you:
- File a wage garnishment request
- Initiate contempt of court proceedings
- Navigate Colorado’s child support enforcement system
- Negotiate with the other parent to secure voluntary compliance
By working with a legal professional, you can ensure that your child receives the financial support they deserve.
Final Thoughts
Child support payments are essential for covering a child’s basic needs, including food, housing, education, and healthcare. If the other parent refuses to pay, you have several enforcement options available, from wage garnishment to legal action.
To explore the best enforcement strategy for your case, contact a Fort Collins divorce lawyer today. An experienced attorney can guide you through the legal process and help secure the financial stability your child needs.
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