In Colorado, it is critical that child support payments are made when they are due and that they be paid in full. This is in the child's best interests so the proper care is given. It also benefits the parents as the supporting parent will be adhering to his or her responsibilities and the custodial parent will receive the funds necessary to ensure the child's needs are met. However, it is an unfortunately common reality that supporting parents will fail to pay what they are supposed to.
After other avenues of getting the payments have been exhausted, judicial actions are necessary. Knowing what judicial actions can take place is key to getting the payments. With a judgment, Child Support Services (CSS) can issue a judgment for any amount that is past due. These will be for a certain time-period and amount. A supporting parent who is not paying what is owed can have a lien placed on real and personal property. This is within the rights of CSS and can apply to a car, a home and other property so the payments can be made.
CSS can find the supporting parent in contempt of court if he or she has willfully failed to pay what is owed. This can result in a fine, jail time, or both. It is up to the court. With Rule 69, CSS can attach assets if there is no verifiable income or property to place a lien on. This will include a subpoena requiring an appearance at a hearing. There are two kinds of wage garnishments that CSS can use. Income of the person who owes can be garnished to pay after a continuing Writ of Garnishment has been issued. The disposable earnings - up to 65 percent - can be taken. There is also the option of a one-time garnishment with the writ and a Notice of Exemption and Pending Levy on personal property like bank accounts.
Finally, there can be federal prosecution if the person has fled the state and owes child support. It can be a misdemeanor or rise to the level of felony. When a parent is behind on child support, it is imperative to understand the penalties that can be part of the attempt on the part of CSS to get what is owed. These judicial actions can cause major problems in a supporting parent's life. For either parent, it is crucial to have legal help to try and settle the matter before it reaches this point. If that cannot be done, a law firm experienced in child support can help with the pursuit of payment.