Explanation: The
Child Support Statute, located at § 14-10-115, C.R.S. states the Court can
order child support to begin after the date of the parties’ physical separation
(in cases of a divorce), the filing of a petition (for child support, divorce
or custody) or the date of service upon the other party of the petition –
whichever date is latest. If you have
never had a case in the Court involving this marriage or child, the Court does
not have jurisdiction to order the payor to pay child support before he or she
is served. This means, if you file a
petition to establish child support, but it takes you a year to serve the other
party, the Court cannot order child support until the date the payor is
personally served with the petition.
If you already have a Court order for child support, and the
payor is simply not paying, you are entitled to the entire amount the payor was
ordered to pay, plus 12% annual interest on the arrears. Additionally, you can file a motion for
contempt against the payor or garnish the payor’s wages to get the payor to pay
you on time going forward.
Contempt means
that a person is not complying with a Court’s orders. If you have a Court order for child support and the payor is not paying, that payor is in contempt of
the child support order. You can file a
motion for contempt, which means you are asking the Court to find the payor in
contempt of the Court order, ask the Court to compel the payor to pay, and ask
for a sentence of jail or a fine. Many
times, this gets the payor’s attention. And,
if you win on the contempt, the Court will usually award you your attorney fees
and costs for having to pursue the contempt to enforce the order.
You can garnish
the wages of the payor to pay regular child support and arrears. The garnishment of wages for child support is
called an “income assignment.” The
procedure for doing this depends on the date of your child support order, due
to several changes in this area of law. The most recent change in the law states, for
orders entered after 1996, income assignments are to be ordered by the Court
automatically, unless the parties demonstrate an income assignment is not
necessary. If the Court did not order an
income assignment in your case automatically, you can still get one. If your ex has a history of not making child
support payments on time or in the right amount, this may be a great option for
you to save you the cost of filing contempt after contempt against the payor.
If you do not have a child support order in place and want to get one, you should file your petition as soon as possible to get the child support started as of the date you file or serve your ex! The longer you wait, the more money you are losing.
If someone owes you child support, or you would like to get
a child support order in place, contact me through www.taibolaw.com or by phone
at (303) 653-2509 to discuss what options are best for you. Child support enforcement can be a
complicated area. You should consult
with an attorney before deciding which avenue is in your, and your child’s,
best interests.