Call Us Now
Email Us Now
Child support is a vital financial requirement that guarantees the welfare of a child whose parents are no longer together. In addition to putting a great deal of financial hardship on the custodial parent, neglecting this duty can have a detrimental effect on the child’s quality of life and add undue stress.
There are several legal options in Colorado Springs for holding the non-paying parent accountable for child support obligations and enforcing payment. Make sure you are aware of the actions that can be performed, the organizations involved, and the possible repercussions of not making the payment.
Child Support Obligations in Colorado Springs
In Colorado, child support is decided by considering the child’s financial needs, the income of both parents, and the amount of time the child spends with each parent. The non-custodial parent is legally required to make the regular payments as written in the child support order after the court creates it. Neglecting to follow the requirements of the court’s order may result in legal ramifications.
First Attempts to Address Non-Payment
Usually, the first thing to do when a parent doesn’t pay child support is to attempt to settle the matter out of court. An amicable conclusion might occasionally result from communication between the parents, especially if the non-paying parent is temporarily experiencing financial difficulties. The custodial parent may, however, take more official action to uphold the child support order if communication breaks down.
Filing a Motion for Contempt
The custodial parent may petition the court for contempt if the non-custodial parent doesn’t pay their child support as agreed. A contempt motion is a legal action that notifies the court of the issue and asks the court for help to enforce its original child support order. The court will set a hearing where both parents can make their cases known after receiving a motion for contempt. The court can decide to impose fines, wage garnishment, and even jail time if it determines that the non-custodial parent is in contempt.
Legal Consequences of Non-Payment
The state of Colorado takes child support enforcement very seriously, and there are several legal consequences that a non-paying parent may face.
Income Withholding and Wage Garnishment
Income withholding, one of the most common methods of enforcement, is when a parent’s employer is required to take child support payments directly from their paycheck, which helps ensure that payments are made to the custodial parent on time. In the event that income withholding isn’t enough to settle the balance overdue, the court can take a higher amount.
Seizure of Assets
If the parent has a lot of unpaid child support, the court may order the seizure of their assets, which could include bank accounts, property, or other valuable assets. The seized assets can then be used to pay off the overdue child support.
Interception of Tax Refunds
Another method Colorado can use to collect overdue child support is by taking federal and state tax refunds from a parent who has not paid. The IRS and Colorado Department of Revenue can redirect these refunds back to the custodial parent to cover unpaid child support the other parent owes them. This enforcement method is particularly effective for parents who owe large amounts of back child support.
Revocation of Licenses
Colorado law states that licenses can be revoked if a parent hasn’t paid child support, which includes driver’s licenses, professional licenses, and even recreational licenses like hunting and fishing permits.
Credit Bureau Reporting
Not paying child support can also negatively impact a parent’s credit score. Overdue child support can be reported to the major credit bureaus, which can cause them to end up with a lower credit rating. A poor credit score can make it harder for the parent to get loans, credit cards, or even find a place to live.
Contempt of Court and Jail Time
In extreme cases where other enforcement methods have failed, the court may find the non-custodial parent in contempt. Being held in contempt of court for not paying child support can lead to serious penalties, including fines and jail time. While jail time is typically considered a last resort, it demonstrates Colorado courts are serious about their resident’s child support obligations.
Filing a Motion to Modify
A non-custodial parent can file a motion to amend with the court in order to change a child support order. Evidence of their financial circumstances, such as documentation of a pay cut or a job loss, should be included in this filing. After reviewing the motion, the court will decide whether to schedule a hearing to discuss whether a revision is necessary. Keep in mind that child support obligations that arose prior to the change will still need to be paid as ordered in the past.
Seeking Legal Assistance
Sorting out the legal process to change or enforce child support can be complicated. As a result, it’s usually a good idea for parents facing child support disputes to have legal counsel.
An experienced family law attorney can give valuable advice and help you decide whether the best course of action is to file for contempt, change a support order, or look into other enforcement possibilities. Having legal guidance also helps guarantee that parent and child rights are protected at every stage of the procedure.
Seek Legal Guidance
If you are a parent experiencing financial issues and struggling to pay child support or a custodial parent seeking help getting support, finding a lawyer to fight for your rights can help you face your situation with confidence and achieve the best possible outcome for your family. Call Liberty Law Center today at 719-602-7381 to schedule a consultation with our team.
