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In Colorado, child support and custody orders are legally binding agreements designed to ensure the well-being of children after a separation or divorce. When one parent fails to adhere to these court orders, it can create significant financial and emotional strain on the other parent and the children involved.

Fortunately, Colorado law provides several mechanisms for enforcing child support and custody orders to protect the rights of both parents and children.

How Colorado Enforces Child Support Orders

Child support is a critical component of ensuring that children receive the financial resources they need for their health, education, and general well-being. In our state, the amount of child support is determined based on state guidelines, which consider both parents’ incomes, the needs of the child, and other relevant factors. Once established, child support orders are enforceable by law, and failure to comply can lead to serious consequences.

What methods are used to enforce child support orders?

Income Withholding

One of the most common methods for enforcing child support in Colorado is income withholding. This process involves deducting child support payments directly from the non-paying parent’s wages.

The Colorado Family Support Registry (FSR) handles the processing of payments and ensures that the funds are distributed to the receiving parent. Income withholding is typically automatic when a child support order is issued, but it can also be implemented if a parent falls behind on payments.

Contempt of Court

If a parent willfully fails to pay child support, they may be held in contempt of court. Contempt proceedings can result in various penalties, including fines, wage garnishment, property liens, or even jail time.

The court may also order the non-paying parent to pay the receiving parent’s legal fees incurred during the enforcement process. Contempt of court is a serious matter, and the consequences can be severe, so it is essential for parents to comply with support orders.

License Suspension

Colorado law allows for the suspension of various licenses, including driver’s, professional, and recreational licenses, if a parent is delinquent in child support payments.

The state may revoke or deny the renewal of these licenses until the parent complies with the support order. The threat of losing driving privileges or professional credentials can be a powerful incentive for parents to fulfill their child support obligations.

Tax Refund Interception

The Colorado Department of Human Services Child Support Services (CSS) can intercept state and federal tax refunds to cover overdue child support payments. If a parent owes back child support, their tax refunds may be applied toward the outstanding balance before they receive any remaining funds.

How Colorado Enforces Custody Orders

Custody orders, which outline where a child will live and how decisions about the child will be made, are also legally binding in our state. When a parent violates a custody order, it can disrupt the child’s stability and strain co-parenting relationships. Colorado courts take custody violations seriously and offer several remedies to enforce these orders.

Filing a Motion to Enforce

If a parent is not complying with a custody order, the other parent can file a Motion to Enforce with the court. This motion asks the court to take action to ensure that the custody order is followed. The court may order make-up parenting time, modify the custody arrangement, or impose other penalties on the non-compliant parent.

Contempt Proceedings

Just like with child support, a parent who violates a custody order can be held in contempt of court. Contempt proceedings can lead to fines, changes in custody arrangements, or even jail time for repeated or severe violations.

The court’s primary concern in these cases is the best interest of the child, and it will take appropriate measures to protect the child’s well-being.

Police Involvement

In extreme cases where a parent refuses to return a child or otherwise significantly violates a custody order, law enforcement may become involved. The court can issue orders directing the police to enforce custody arrangements, ensuring the child is returned to the rightful parent.

A Knowledgeable Colorado Springs Family Attorney Can Help Ensure Court Orders are Enforced

While it is incredibly helpful that the state has so many procedures in place to assist in enforcing family law court orders, they are not foolproof. Navigating the complexities of enforcing child support and custody orders in Colorado can be challenging, especially when a non-compliant parent refuses to follow the court’s directives. Having an experienced attorney by your side is crucial in these situations.

A skilled attorney can help you understand your legal rights, guide you through the enforcement process, and ensure that all legal avenues are pursued effectively to secure the support and custody arrangements that your child needs.

Additionally, an attorney with expertise in family law can advocate on your behalf in court, presenting a compelling case to the judge. Whether you’re dealing with issues of unpaid child support or violations of custody orders, a knowledgeable attorney can develop a strategy tailored to your specific circumstances, increasing the likelihood of a favorable outcome and safeguarding your child’s best interests.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.