Do You Need A Lawyer To Enforce A Child Support Order?
Timely payment of child support is essential for custodial parent’s ability to meet their children’s basic needs. In recognition of the importance of the timely payment of child support, Colorado has a number of mechanisms to ensure child support payments are made on time. Courts can enforce firm penalties and sanctions for parents who willfully violate a child support order.
At Tucker M. Katz, Attorney at Dietze & Davis, P.C., I regularly help clients use the following methods to enforce their child support orders:
- Family Support Registry (FSR): Upon motion from either party, the court may order that child support payments be made through the FSR. When a child support payment is made through the FSR, the registry records the date and amount of the payment before delivering the payment to the parent receiving child support. While the FSR provides an independent record of the date and amount of payments, the Registry does not have any ability to enforce or collect child support.
- Income assignment: Courts in Colorado have the authority to order a child support obligation to be paid via an income assignment. An income assignment is an order that requires a parent’s employer to automatically withhold child support and pay it directly to the other parent. Income assignments are an effective way to secure the timely payment of child support.
- Judgment of arrears: Another option to enforce a child support order is to reduce the outstanding child support to a judgment. Once child support arrears are reduced to judgment, the judgment can be enforced by garnishing the delinquent parent’s income, bank accounts and other nonexempt assets.
When you speak with me, I can discuss which options are best for you and your child.
Assistance With Contempt-Of-Court Orders
When a parent fails to comply with an existing child support order, the court can find that parent in contempt of court and enter sanctions designed to force compliance with the existing order or sanctions punishing a parent for violating the child support order. Whether you are contemplating a contempt action or have been threatened with contempt for nonpayment of child support, these proceedings are legally complex. I can help you understand Colorado family law and protect your rights.
Calculating Interest On Unpaid Support
When a child support payment is due and not paid, the parent receiving child support is entitled to interest on the unpaid child support in the amount of 12% compounded monthly. This interest will continue to accrue until the debt is satisfied. The high interest rate and monthly compounding causes interest on unpaid child support to accrue quickly. Interest can be a significant sanction deterring future noncompliance with the child support order.
Speak With A Family Law Attorney About Child Support
Schedule your consultation and receive an explanation of the contempt process, defenses and possible sanctions. If you have questions about securing or enforcing a child support order, send me an email or call my Boulder law office at 303-872-8041 and set up your free consultation today.