My ex is required to pay child support since 2004, and since then only handfull of payments since

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He is forced to pay by child support enforcement of CO...I have seen a 20.00 and maybe 5 payments of 80.00... what can I do?

Attorney Answers

3
Kathlyn Laraway ·
You have several options if your ex has not paid child support. You could file a Motion and supporting affidavit to hold your ex in contempt, or you could turn the child support order into a judgment and collect via garnishment, or you could contact Child Support Enforcement. If you choose to file a contempt, you must serve your ex with the citation issued by the Court after you file your Motion. After an advisement, you will likely move forward to a hearing. At a hearing for Contempt, filing party has the burden to prove that: 1) There is a Court Order that orders the responding party to pay X amount of child support every X amount of days; 2) The responding party knew or should have known about this order; 3) The responding party had the ability to comply; and 4) The responding party willfully failed to comply. Filing a contempt can be very complex, and Judges often require very specific things on your filings in order for the Court to grant certain remedies. It is always a good idea to consult an attorney before filing such an action. If you choose to turn a Child Support Order into a judgment, you would file a Verified Entry of Support Judgment. This filing requires you to state the amount of child support ordered, the amount of child support owed, the dates that child support was not paid, and evidence of payments made via a copy of the Family Support Registry or other means. You must complete an affidavit of arrears regarding this information and attach it to the filing. For child support purposes, wage garnishment, if possible, is the most effective manner in which to collect unpaid child support. This process, again can be quite complex, and it is always recommended that a person seeking this remedy consult an attorney before doing so. Contacting Child Support Enforcement (“CSE”) is another option that people may take when faced with a party who is in arrears in child support. Child Support Enforcement is a state agency that has the power to initiate cases regarding child support or intervene in a matter regarding child support. CSE has legislative authority to collect current and past due child support through many different enforcement remedies. These remedies can be through the Court system, or administrative in nature. If CSE is already a party to your case, you should contact them to ask if there is anything they can do to help you with non-payment of child support. If CSE is not a party to their case, contact them and speak to someone regarding your case. They may choose to intervene. Kathlyn Bullis, Esq. www.divorce-matters.com
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Karl Geil ·
It sounds as though your Ex is supposed to be paying through the Colorado Family Support Registry, which is not the same thing as Child Support Enforcement. The Family Support Registry receives payments, sends the payments out to the person entitled to receive them, and keeps a record of payments made and disbursed. The Family Support Registry does not do anything to actively enforce child support. Your local county Department of Human Services, through its Child Support Enforcement ("CSE") Unit, will take action to enforce your child support order if you contact them and ask them to do so. CSE has some remedies available to it which are not available to private attorneys, such as suspending your Ex's drivers license until he pays or intercepting income tax refunds. However, CSE Units will not collect the interest which is continuing to accrue on the support he owes you. Under Colorado law, whenever he misses a payment, he also owes you 12% interest per year, compounded annually. If you want to collect the interest, you will need to take action, either by yourself or through a private attorney, to collect the back support and interest.
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James C Underhill Jr. ·
Good advice above. See the County enforcement folks right away. One of things they will do is report the problem to the department of motor vehicles which will suspend his driver's license. Additionally, if he holds any other professional licenses (contractor, lawyer, nurse, etc.) those licenses will also be suspended. This puts a lot of pressure on deadbeats. Like many attorneys we will sit down and review your situation with you without charge. Your best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options. By the way, some attorneys sell "unbundled" or "limited" legal services where you pay for just what you need and can afford. For example, some attorneys will prepare letters for you to sign, legal documents, or sell the paperwork for the court filings; then you can proceed on your own, but knowing that your paperwork is correct and having a road map as to how to proceed. Or who will attend a hearing for a flat fee even if they are not handling the whole case. Neighborhood Law Office is such a firm. At Neighborhood Law Office we never charge for an initial consultation, and at that meeting we can go through your specific facts and give you options. Please call us anytime for an appointment. Thanks, Jim Jim Underhill Neighborhood Law Office 7225 E. Hampden Ave. Denver, CO 80224 303-302-1000 303-302-1001 fax [email protected] www.NeighborhoodLawOffice.com
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