Colorado Springs, Colorado child support enforcement, spousal maintenance enforcement, alimony enforcement.  Non-support, non-payment of support, abandonment, income assignment, wage assignment, registry fund, family support registry payment orders, health insurance assignment, judgment, income garnishment, wage garnishment, bank account garnishment, liens, levy & execution, contempt of court, collection of 12% statutory interest, property award enforcement, debt enforcement

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1. DEFINITIONS Obligor is the person ordered to pay
                Obligee is entitled to receive support
                Obligor is ordered to pay support
                Courts use these terms because support may be ordered paid by either petitioner or respondent (plaintiff or defendant in some states), or by husband or wife. Obligor and obligee simply designate who should pay and who should receive.

2. TYPES OF SUPPORT.
                Child support - child may be unemancipated, or may be emancipated.  Emancipation does not cancel the debt, however does limit the enforcement remedies.  Contempt is not available if the child is emancipated.  For purpose of child support obligations, emancipation under Colorado law is presently the child’s 19th birthday, death, marriage, or enlistment in the U.S. military armed forces. A child may otherwise become earlier emancipated, and emancipation may not in fact occur at age 19 - such as a child with disabilities.
                Spousal maintenance, formerly known as alimony - support for an ex-spouse.
                        Spousal maintenance enforcement aka alimony enforcement - 
                Child support combined with spousal maintenance.
                Attorney's fees and costs previously awarded. Award may have been designated as support, or as property settlement which would reduce the remedies available.
                Maintenance does not exist in Colorado unless the parties were married by common law marriage or statutory marriage (judge or clergy ceremony).  In the event of marriage, support is termed spousal maintenance.  "Palimony" or maintenance support between non married cohabitating partners is therefore unavailable absent a dissolution of marriage action.  If the parties cohabitated, there is a legal theory for partner support based in contract law.  The landmark case is Marvin v. Marvin, 18 Cal.3d 660 (1976).  While the actor Lee Marvin's case has been cited in two Colorado cases - Salzman v. Bachbrach, 996 P.2d 1263, 1267-1268 (Colo. 2000) (see property above) and In re Estate of Lewis, 652 P.2d 1106, 1108 (Colo. App. 1982), "palimony" has not been adopted in Colorado to this attorney's knowledge.

4.  LEGAL PARENTAGE
        If the child(ren) was / were born out of wedlock and a court order has not entered declaring legal parentage, a paternity order must be obtained before one parent may seek support from the other.  Please refer to the PATERNITY PAGE for more detailed information.

5. BASIC CONCEPTS

1. Children are entitled to and need support of both parents

2. Regarding spousal maintenance - to obtain an order, an income capability disparity and need existed

3. Regardless of need, a support order is an obligation - an enforceable debt
           If funds are not immediately available to obligor, perhaps it is time he / she seeks a loan to pay the support arrears

4. Nature of support enforcement
           Support enforcement has a two fold purpose.
               To stabilize receipt of current support in a timely fashion
               To recover the arrearages - delinquent and unpaid support
           Enforcement is a business transaction.  I will not participate in a vendetta or seek remedies more harsh than that required to collect support.  The tools available for support collection are more powerful than that of the average creditor - banks or charge card companies  Those tools necessary to accomplish collection will be utilized, no more and no less.  With client’s authority and financial commitment, all legal remedies as may be necessary will be utilized to accomplish support collection
           Obligees are entitled to statutory interest from the date each installment was due
           Obligor will be held accountable.  Neither child support nor spousal maintenance are dischargeable in bankruptcy.  Neither sympathy or empathy are relevant regarding obligor’s current financial position, and manipulation by obligor will not be successful.  Procedures exist for skip tracing and interstate collection of support.  Support will be enforced unless there is extraordinary justification for non-payment
           Obligor's Income.  
               Income is subject to assignment for payment of current support
               Income is subject to garnishment for support arrears - wage garnishment
               Employment health benefits are subject to assignment
               Termination of employment by an obligor to avoid support payment is evidence of contempt
               "Job jumping" is evidence of support avoidance and contempt
           Property
               Bank accounts are subject to garnishment - bank account garnishment
               Non-exempt property is subject to seizure and public sale
           Other remedies
               If warranted, request can be made of the local governmental Child Support Enforcement Unit (CSE) for proceedings regarding suspension of obligor’s driver's, professional or recreational license as may be relevant.
               If warranted, contempt of court can be sought - jail and or fine penalties

7.  ELECTRONIC FILING - e-Filing availability and court mandatory requirements

1. REGISTRY FUND

1.         Bookkeeping. To enforce support, obligee must first establish that arrearages exist, and the exact amount of arrearages. Unless proper bookkeeping exists, that may be difficult.

2.         Registry fund
                    I Child support alone or child support combined with spousal maintenance may be ordered paid by the obligor through the statewide Family Support Registry in Denver.
                   II Spousal maintenance may be ordered paid through the Registry Fund maintained by the local Clerk of Court.
                   III Both registries merely act as a central repository - neither will initiate an enforcement action.

3.         Detriments and benefits.
                     I Detriment. Payment into the registry fund will delay receipt of payment by approximately 10 - 20 days, however after the first delay, payments would be received monthly if regularly paid.
                    II Benefit. A reliable accounting is available at all times. To retrieve an accounting, the cost is $0.75 per page plus $10.00 to certify. The Court will take judicial notice of the registry fund accounting.  That shifts the proof burden to obligor to show he / she paid more than reflected in the accounting, and that such contributions were in fact for child support.
                   III If not previously ordered, registry fund payment is an important tool for future enforcement and timely receipt of support.

4.         Mechanics.
                    I The FSR cashes the obligor's check and sends obligee a warrant drawn on the State of Colorado. Upon receipt, obligee knows the check will clear.
                   II The Clerk of Court merely records the payment and forwards the obligor's check to the obligee. The check received will clear if Obligor has sufficient proceeds on deposit.

2. INCOME ASSIGNMENT.  Because support is ongoing, each enforcement action is behind the curve unless provision is made for timely receipt of current support.  An income assignment to be served upon the obligor's employer requiring withholding of current support from obligor's income.  Upon request, income assignment must be automatically granted pursuant to statute. CRS 14-14-111.5(2)(f).  Assignment is standard procedure if obligor is presently employed.  Arrearages may also be collected at the rate of 1/24^th of the total - payout in 24 months.  Courts will order arrearage amortization to include statutory interest.  Maximum amount which may be taken is set forth in ¶ 4 below - support income garnishment limitations.

3. HEALTH INSURANCE ASSIGNMENT.  Like support, health care is of an ongoing nature.  The enforcement action may be behind the curve unless provision is made for timely payment of health care insurance premiums.  If obligor was ordered to provide health care insurance, an assignment may be served upon the obligor's employer requiring premiums to be withheld and forwarded to the health insurance provider.

4. JUDGMENT ENFORCEMENT.  Arrearages can be reduced to judgment.
        a. Income garnishment.  A writ of garnishment for support may issue against non-exempt net income of the obligor.  When served upon obligor's employer, non-exempt income must be withheld and paid to the court for subsequent disbursement to obligee.  Support income garnishment limitations:

                Support garnishments have priority over and take a larger share of the garnishee's income than garnishments for non-support.  Non-support garnishment limitations: approx 25% of disposable earnings.  It is clear that a support obligee has significantly more leverage than the average creditor.
        b. Bank account garnishments.  A writ o garnishment served upon a bank, FCU, S&L or other financial institution can be effective.  Whatever assets the obligor may have on deposit are frozen upon service of the garnishment writ, and unless exempt, obligee will receive.
                It is important that a client provide whatever information he / she may have regarding obligor’s assets.  If client has a copy of a former support or other check, that would reveal obligor’s bank.  Discovery proceedings may tip off obligor that bank garnishment is imminent and he / she may move the assets on deposit or convert to cash and try to hide.
        c. Asset levy.  After judgment entry, obligee may obtain a writ of execution and levy against obligor's non-exempt property to be sold by the sheriff on the steps of the sheriff's office.  This is not generally the best means to satisfy the judgment, but can be effective.

5. CLERK OF COURT AS COMMISSIONER TO CONVEY.  If, in violation of a court order, obligor has failed or refused to transfer title to an asset, the most effective means to complete the transaction is to move for an order appointing the clerk of court as commissioner to convey.  Once the muniment of title has been signed by the clerk of court or his / her deputy clerk, the title transfer can be completed with a certified copy of the order.  The court may also award attorney's fees and costs of enforcement.

6. REQUEST FOR ADMINISTRATIVE ADVERSE ACTION
        Request can be made of the local governmental Child Support Enforcement Unit (CSE) which may include:
                a. Suspension of Colorado driving privileges, CRS 26-13-123
                b. Suspension, revocation, denial or termination of any professional, occupational, or recreational license, which "license" may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. This includes adverse action against a professional license and against any hunting, fishing, boats or parks licenses. CRS 26-13-126
                c. IRS + Colorado DOR tax refund intercepts, CRS 26-13-111
                d. State vendor payment intercepts, CRS 26-13-111.5
                e. Lottery winnings intercepts, CRS 26-13-118
         Although the above remedies resonate power, this attorney has not found requests for assistance from the local CSE to be highly productive.  It doesn't hurt to ask, but if it is a non-welfare case I don't anticipate assistance.

7. CONTEMPT OF COURT

        a. Evidence.  Income from employment or other sources, or assets sufficient to satisfy the support obligation establishes ability to comply.  IRS or Colorado DOR income tax records, employer payroll benefit records, bank statements, DMV records, county clerk & recorder, assessor or treasurer records, or other records may be placed under subpoena and produced in court to verify financial ability to comply with the support order and contempt.

        b.  Preliminary Proceedings.  Since incarceration (jail) is an option, in accord with Constitutional protections, the Court will advise the obligor of his / her rights.  Additionally, the Court may require mediation through the Office of Alternate Dispute Resolution - ADR - Mediation prior to final orders hearing.   Refer to the mediation link for additional information.

        c. Criminal contempt.  Obligee has the burden to establish that obligor had the ability to comply with the court order (pay support), and willfully failed or refused.  Upon a finding of criminal contempt, to vindicate the dignity of the Court, the judge may sentence the obligor to a term certain not to exceed 6 months county jail and / or $500 fine.

        d. Civil contempt.  Obligee has the burden to establish obligor has the current ability to comply with the court order (pay support).  Upon a finding of civil contempt, the judge may sentence the obligor to an indefinite term until the obligor complies with the order.  This is known as "he who holds the keys to the jailhouse door."

        Whichever contempt is pursued, potential for jail is frequently strong motivation for an obligor to find the money to pay support.  An obligee's goal is to bring support arrearages into the bank account, not jail the obligor in retribution.  I consider contempt to the remedy of last resort, but effective.  After objective review of alternatives, if contempt proceedings appear to be the best remedy, I advise clients a contempt order should be pursued aggressively.

INVOLUNTARY TERMINATION OF PARENTAL RIGHTS - NON-SUPPORT
If eligible, an obligee may wish to consider not enforcing child support, but involuntary termination of the obligor birth parent's rights and step parent adoption.  Adoption should be considered only for the right reasons - to build a nuclear family.  Refer to Step Parent Adoption - Non-Support

        Effective January 1, 2005 Colorado Rule of Civil Procedure C.R.Civ.P. 16.2 was adopted which provides for mandatory disclosure (discovery), limited motion practice and case management by the court.  Judges and magistrates are serious about Rule 16.2 obligations and judicial case management.  Once the enforcement action is filed, be prepared to disclose documentation and move the case forward in a timely fashion.  Refer to the above link to view the rule - it applies to the initial case and post decree matters (including support enforcement.)

        To assist in rapid case preparation, fact sheets have been made available on-line.  Open file password is given to a client or sent via email once retained.  Counsel asks clients to invest significant effort at commencement of representation to provide an understanding of the relevant facts and documents which must be disclosed.  Judicial case management has removed any dilly dallying - timely case preparation is now obligatory to avoid sanctions.

        If government assistance (welfare) was received during the period of support, and if the obligee signed an assignment of benefits (standard requirement), the government will be entitled to support collected before the obligee's entitlement.  Notice of support enforcement proceedings must be given to the local governmental Child Support Enforcement Unit (CSE) to avoid welfare fraud criminal charges.

        Government expends a large sum of money on AFDC (welfare - Aid to Federally Dependent Children).  When welfare is provided to a family, naturally the government is interested in collecting child support from the obligor parent to reduce the government expenditure.  Under Title IV-D of the social security act, federal funding is provided to local government to establish child support enforcement units.  You may also hear these referred to as IV-D agencies or CSE.  Support enforcement was previously provided by the district attorney's office, however for years local IV-D child support enforcement units have been privatized under contract.

        The primary function of any CSE is to collect support arrearages in cases where an AFDC recipient has assigned his / her rights to receive child support in exchange for welfare benefits.  In other words, the government is collecting back welfare paid on behalf of children from non-residential parents.  IV-D units will also enforce support on behalf of non-welfare obligees.

1. Upside:
           IV-D child support enforcement units also collect support for non-welfare persons
           There may be a minor fee of $35+ for the initial packet, however the CSE units do not charge attorney's fees
           If you are patient: "If it's free, it's for me."

2. Downside:
           Likely a non-welfare case will not be assigned as high a priority as a welfare case
           Patience will likely be required
           It may be difficult to speak to the attorney or paralegal assigned to your case

        All types of license intercept or suspension proceedings can be initiated concurrent (at the same time) as other enforcement proceedings.  Although CSE units likely have a heavy caseload, typically the CSE paralegals and attorneys are competent.  Bear in mind - support enforcement is their exclusive practice - it's what they do.

        NOTE.  Until a child support order has been entered by a court of competent jurisdiction, an obligor is potentially liable for the entire amount of welfare paid on behalf of the child(ren).  CSEs seek actual welfare paid, not limited to the presumptive statutory child support guideline computations, and this may be significantly more than a subsequent child support order.  It typically takes the IV-D Units a period of time to get to any case, but when they do, the attorneys can be quite aggressive.  If the children are receiving welfare, it is to the obligor’s advantage to obtain a child support order as quickly as possible to limit the welfare reimbursement liability which will be sought by the government.
                See CRS 14-14-104, CRS 14-10-115, CRS 19-4-116
                In re Marriage of Ward, 856 P.2d 67 (Colo. App. 1993), People v. J.J.H., 7 P.3d 1021 (Colo. App. 2000)

El Paso County & Teller County - Local Area CSE Units
location and phone number information

        Where relevant, I utilize the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

        If retained by counsel as an agent of the attorney, such independent service providers are bound by the attorney-client privilege.  If retained privately by the client, no such agency or confidentiality exists.