Child Support Enforcement in Colorado

In legal terms, enforcement does not mean that police will forcibly intervene, but it is still a matter to be taken seriously. If you are seeking enforcement of a legal order, or are served with an enforcement notice, it’s essential to understand the child support enforcement process, which can include actions like wage garnishment or bank account seizures through CSS to ensure compliance with the support order.

Colorado judges take child support obligations—payments made by one parent to help cover the costs of raising a child—very seriously.

The Colorado Child Support Services (CSS) program provides resources to assist with enforcement when one parent is not paying the full amount of child support or has stopped making payments altogether.

The child support services program can help if a parent, despite good intentions, falls behind or has arrears.

Colorado’s Child Support Enforcement Laws

Colorado law clearly outlines the penalties and actions that may be taken if one or both parties fail to follow a child support order. For more details on these laws and what to expect in a child support enforcement case, visit the CSS website. The table below outlines the relevant laws and what you can expect in a child support enforcement case:

Statutes

The Enforcement Process

Not paying child support will start a legal enforcement process that Child Support Services of Colorado will follow. They can act with or without court involvement. Actions may include:

  1. Child Support Services will make a judgment on the case to determine how you pay back the money;

  2. Contempt of court charges may be filed if you resist the process (Section 14-14-110);

  3. The courts can claim up to 65 percent of your paycheck, tax returns, unemployment, workers’ compensation, or lottery winnings to cover your child support debt;

  4. A lien, or legal hold, can be placed on your home, car, or personal property;

  5. Local debt collectors and credit bureaus will be notified of your debt; and

  6. You can be arrested in any state and brought to Colorado court.

Penalties for Contempt of Court Charges

The court decides your penalties for not paying child support. Penalties can vary depending on the judge's view of the amount unpaid, how overdue the payment is, and other factors. You could be facing:

  • Jail time;

  • Fines;

  • Denial of passport applications;

  • Driver’s license suspensions;

  • Recreational and professional license suspensions;

  • Federal charges if you leave the state; or

  • Federal charges if the amount owed is significant.

If you are under contempt of court, the police have the right to arrest you if they pull you over or interact with you.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Can You Serve Jail Time For Not Paying Child Support in Colorado?

Yes, in the state of Colorado, a parent can serve jail time for non-payment of child support. If a non-custodial parent fails to meet their child support obligations under an existing child support order, the court may take enforcement actions. For a child support case with significant arrears, the state can intervene to collect child support through measures like garnishing bank accounts, withholding wages, or taking from the parent’s tax refund.

If these efforts do not resolve the non-payment, the court may find the parent in contempt for failing to comply with the court order for child support payments. In such cases, jail time may be imposed, particularly if the court determines that the parent has the means to pay but is willfully avoiding their obligations.

When You Cannot Pay Child Support

The Colorado courts aim to find fair solutions to child support issues, understanding that circumstances can change. If you are unable to pay the amount ordered due to changes in your job, income, or living situation, it’s wise to work proactively with an attorney.

You may be able to request a modification of your child support obligations through the court to reflect your current financial situation. Additionally, if you receive support through assistance programs like Temporary Assistance for Needy Families (TANF), the courts may consider this as part of your financial support needs. Courts may also adjust child support amounts to address medical issues or other unexpected costs that require both parents’ contributions.

Colorado Child Support Process: Related Resources

Get Legal Help With Child Support Enforcement Issues

Whether you are requesting child support enforcement or are facing questions about your support payments, the situation can feel overwhelming. You may worry about having enough money to meet your child’s needs or about balancing payments with your own financial obligations.

An attorney experienced in child custody cases can provide valuable guidance and help you navigate these challenges. Consider reaching out to a Colorado family law attorney near you to get started today.

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