Support Enforcement
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GUSTAFSON LAW OFFICE
COLORADO
FAMILY SUPPORT ENFORCEMENT
CHILD SUPPORT  *  SPOUSAL MAINTENANCE  *  ALIMONY

WELCOME Phone (719) 260-1002 Fax (719) 260-1003 

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Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
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Toll Free (800) 410-1002
 
 
PRIVATE ATTORNEY
NOT
GOV'T CSE

I welcome representation inquiries
but please do not call thinking this office is a government child support enforcement unit

CHILD SUPPORT ENFORCEMENT
COLORADO SPRINGS
SPOUSAL MAINTENANCE - ALIMONY ENFORCEMENT
Colorado Springs Family Law Attorney - Trial Practice
25+ Years in Colorado State Courts
DISCOVERY & CASE MANAGEMENT BY THE COURT
WELFARE INFORMATION
GOVERNMENT CHILD SUPPORT ENFORCEMENT UNITS
CSE Administrative Powers
INTERSTATE SUPPORT ENFORCEMENT
Registration of Foreign Decree Registration & Enforcement of Foreign Judgment
INCOMING CASE - Support Order out of State
Obligor Living in Colorado
OUTGOING CASE - Colorado Support Order
Obligor Living Out of State
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Post Decree Representation

Colorado Springs

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El Paso County

Attorney welcomes representation inquiries however the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  Attorney does not provide legal opinions, answers or information in response to questions submitted from non-clients, & attorney is not the phone company 411 center for phone number information.  Given the scope of internet accessibility, I can not be the free "Colorado answer man" and will politely decline such requests.

 Family law cases occur across Colorado - please refer to attorney travel. Travel Policies & Trade Area *  Itemized Travel Expenses *  Colorado Map
common fees have been quoted and information provided
attorney is prepared to provide legal representation
attorney comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice
 

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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.

3. STATUTORY INTEREST.
                Colorado law - an obligee is entitled to statutory interest at the following rates:

                Child Support 12.0% per annum    CRS 14-14-106
                Spousal Maintenance   8.0% per annum    CRS 5-12-101
                Property awards   8.0% per annum    CRS 5-12-101
                Attorney fee and costs awards   8.0% per annum    CRS 5-12-101

                When computing arrearages, this office uses a computer program which computes interest on irregular debt transactions. Statutory interest will be actively sought.

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

                I have raised my daughter alone since infancy.  I've paid all the expenses associated with raising a child - the doctor bills, daycare, food, shelter, shoes, clothing, school supplies, activity fees & materials, etc. I understand the cost of raising a child and enforce support arrears - child support or spousal maintenance (fka alimony).  .
                I also defend against support claims or enforcement if the obligee is making an unjust or unlawful claim for child support or spousal maintenance.  I will litigate meritorious defenses with current child support guideline computations, arrearage computations, and on-line legal research is available to retrieve relevant caselaw.  I will not, however, make a frivolous defense for delay purposes.
                It is irrelevant which gender will be my client and which will be the opposing party.

6. Parent locator services - finding the other parent obligor

 
What do I do if I can't find the obligor parent?
 

attorney has SKIP TRACING capabilities in litigation cases or a PRIVATE INVESTIGATOR may be required
NOTE: attorney accesses databases only during litigation preparation - not available to the general public

A client may save expense by verification of the obligor parent's current contact information before referring the matter to the attorney for litigation.  If self help fails, search databases are available to Gustafson Law Office which can not be accessed by the general public.  Refer to above skip tracing link.  Government child support enforcement units establish paternity, enforce support & have access to governmental tax databases such as welfare or worker's compensation to which employers report quarterly or annually.  Private counsel and private persons can not access welfare or tax databases.  If a CSE has worked a support enforcement case, contact the CSE for a potential address before retaining private counsel or ordering a commercial (pay) search.  Feel free to bookmark this page in case the CSE option doesn't work out.

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 1/24th 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:

  MARRIED UNMARRIED
PERIOD OF DELINQUENCY PERCENTAGE OF NET EARNINGS PERCENTAGE OF NET EARNINGS
Less than 12 weeks delinquent 50% 60%
More than 12 weeks delinquent 55% 65%

                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.

8. OVERVIEW.  The goal of a support enforcement proceeding is to reduce the paper debt to spendable or bankable money.  If income or bank accounts can be garnished, this is generally the most effective way to enforce the support debt.  Contempt is the strongest medicine in the cabinet.  This attorney has no aversion to filing a contempt action when warranted, but prefers to resort to contempt where other procedures are unlikely to produce results.  That is why clients are given a rather lengthy fact packet if retained - counsel will review options for appropriate remedies.
        If the obligor resides in the State of Colorado (any county) and the support order was entered by the district or juvenile court in any county in Colorado, the above proceedings are available.  See below for interstate support enforcement.

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

MANDATORY DISCOVERY
CASE MANAGEMENT BY THE COURT
C.R.Civ.P. 16.2
Adobe Reader version 5 or above required  

        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.

WELFARE INFORMATION

        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.

INTERSTATE SUPPORT ENFORCEMENT
INCOMING CASE
 
OUT OF STATE SUPPORT ORDER
COLORADO OBLIGOR RESIDENCE
simply put - the person who owes support lives in Colorado
the person who is entitled to support lives in another state and has a support order from another state

Attorney Fees & Costs

Attorney Travel Time & Mileage

Client Fact Sheets - Case Preparation

Colorado Revised Statutes
 

1. REGISTRATION OF FOREIGN DECREE

        Pursuant to CRS 14-11-101, a decree of dissolution of marriage entered in another state can be registered in Colorado if the obligor is a resident here. In such circumstances, the Colorado court takes jurisdiction as though the initial order was entered here.  An exemplified, not certified copy, of all documents in the originating court file must be filed here with the registration.  Most states have similar statutory provisions under full faith and credit provisions of the U.S. Constitution.

        This can be a rapid means to obtain jurisdiction over the obligor and utilize judgment or contempt remedies.  The downside to foreign decree registration is that the responding jurisdiction courts then also have jurisdiction (power) to modify parental responsibility (fka custody) or parenting time (fka visitation).  That can be a significant problem which doesn't exist under the Uniform Interstate Family Support Act, CRS 14-3-101, et. seq.

        Registration of foreign decree can only be done in the state in which the obligor is living.  Unless the obligee also resides in the same state, registration of foreign decree is not wise given the possibility of a custody or visitation fight in the obligor's home state and problems under the Uniform Child Custody Jurisdiction and Enforcement Act, CRS 14-13-101 et. seq.

        Consult counsel if you are considering representing yourself and foreign decree registration remedies - a lay person is likely in way over his / her head.

2. REGISTRATION AND ENFORCEMENT OF FOREIGN JUDGMENT

        Once child support has been reduced to judgment (see above), the judgment may be registered in the foreign jurisdiction and enforced as any other money judgment.  Uniform Enforcement of Foreign Judgments Act - CRS 13-53-103  When filed, the judgment has the same effect and is subject to the same procedures, defenses and proceedings for re-opening, vacating or staying as a Colorado judgment and may be enforced or satisfied in like manner.  An exemplified, not certified copy, of all documents in the originating court file must be filed here with the registration.  Most states have similar statutory provisions under full faith and credit provisions of the U.S. Constitution.

  1. Upside to this process:
            Rapid enforcement
            Judgment for support can be taken quickly in the home state where the original support order entered
            Local private counsel can be retained in the responding state to proceed with enforcement
            The responding court has no jurisdiction over the issues of parental responsibility allocation (custody) or parenting time (visitation)

  2. Significant downside to this process:
            Loss of contempt remedy
            Contempt of court is never an available remedy for enforcement of a money judgment
                    This applies to Colorado or the jurisdiction in which the judgment is registered
            Support arrearages may not be enforced by judgment and contempt of court.
            Once the arrearage has been reduced to judgment, contempt of court remedy is waived.  Contempt is no longer an available remedy even if the obligor moved to state of the original court order or if a interstate support enforcement action were later commenced.
            Garnishment limitations for a money judgment are significantly less than child support enforcement
                Instead of 55% or 65% the money judgment may be limited to 25% or 35% of disposable income
                Garnishment priorities for a money judgment are less than for a support judgment
                    This garnishment would rank below:
                            other support income assignments, garnishments or health benefit assignments
       
                         This applies even if the above were subsequently served after the judgment garnishment
            If the obligor's employer is later served with separate 
                    support income assignments, garnishments or health benefit assignments
                    this money judgment would be subordinated behind the support assignment or garnishment
                    The judgment creditor would likely receive nothing until the support garnishment or assignment was released
            Assets which would be subject to seizure as a support enforcement may be exempt from garnishment or levy as a money judgment. e.g.: military pay or retirement pay

        As with foreign decree registration remedies, consult counsel if you are considering representing yourself regarding registration and enforcement of support as a foreign judgment.  A lay person is again likely in over his / her head.

 
****************************** ****************************** ******************************
 
INTERSTATE SUPPORT ENFORCEMENT
OUTGOING CASE
 
COLORADO SUPPORT ORDER
OUT OF STATE OBLIGOR RESIDENCE
I do not accept
outgoing interstate child support enforcement cases
simply put - the person entitled to support lives in Colorado and has a Colorado support order
the person who owes support lives in another state
Self Help Clinics Self Help Legal Research Colorado Revised Statutes Find a Lawyer
 

        Colorado has enacted the Uniform Interstate Family Support Act, CRS 26-13-101, et. seq.  This is a mechanism whereby support can be enforced interstate and was formerly known as Uniform Interstate Family Support Act (UIFSA).  If the divorce or support order was entered in State A, the obligee now lives in State B and the obligor now lives in State C, support can still be commenced from the obligee's home state - State B.  Convenient.  Also, if paternity has not been established, DNA testing can be ordered and a paternity order will be entered, but the responding court will not address custody or visitation.   Collect the cash, but no need to consider visitation - also quite convenient.  Remedies of judgment enforcement or contempt of court are available - very convenient.  There is a nominal fee for the information packet, but otherwise the obligee doesn't incur attorney's fees or costs - perhaps the most convenient factor of all.

        Clients who previously retained my services had generally waited 2 - 3 years for the local governmental Child Support Enforcement Unit (CSE) to act, and the local court had not yet entered orders to forward the case to the responding jurisdiction.  They were frustrated, and private counsel could act with reasonable speed.  In all fairness, at that time the local CSE was under different contract and management.  I suspect the current CSE is also swamped with cases.

        Then the feds came on scene with

  1. Standardization forms which required duplication of data in multiple form locations
            delay and fees
            civil injunction

  2. Reporting and statistic requirements:
            case be forwarded from the local court
                to the Colorado DHS for statistics
                    then to the responding state DHS state office for statistics
                        then to the responding jurisdiction CSE and court for litigation
            add more time delay and tracking

        In the last interstate support enforcement case I initiated from Colorado, the responding state DHS (Nebraska) declined to accept the incoming case because I was a private attorney without a FIPS code - a federal CSE ID number. I was told absent the FIPS code, the local CSE would not receive federal compensation, and they therefore declined CSE participation in the case.  After paying an attorney in Nebraska to research whether he could file the case, I was advised only the government CSE could prosecute the incoming support case.  Client received a full refund, and I discontinued outgoing interstate support enforcement representation.

        Private attorneys can generally act quickly, while government offices may not be highly motivated or are inundated with welfare cases and back burner non-welfare cases.  Parents need support for kids now - in future years.  In my opinion, typical federal FUBAR.  Although the motivation may have been good, in their zeal to standardize, regulate and generate data, the feds have taken private counsel out of interstate child support enforcement.  I do not accept outgoing interstate child support enforcement cases.

        The El Paso County Bar Association Lawyer Referral Service Program may be aware of a private attorney who will initiate an outgoing interstate child support enforcement cases.  Using the local CSE may cause delay, but it may be your only alternative.

GOVERNMENT CHILD SUPPORT ENFORCEMENT UNITS

        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

        CSEs in Colorado have the power to initiate proceedings for suspension of the obligor's relevant licenses.  After administrative hearing by the CSE and issuance of a non-compliance notice,  actual suspension is finalized by the relevant state Department of Revenue, Division of Motor Vehicles or Division of Wildlife, or state professional regulatory and licensing agency.
CRS 26-13-123   Colorado driver's license or Colorado driving privileges if obligor is licensed out of state
  Enforcement - refer to the Driving Under Restraint page
CRS 26-13-126   Professional / occupational license
CRS 26-13-126   Recreational licenses - hunting, fishing or boating

        CSEs also have lawful power to initiate proceedings for intercept of revenue due the obligor.
CRS 26-13-111   IRS + Colorado DOR tax refund intercepts
CRS 26-13-111.5   State vendor payment intercepts
CRS 26-13-118   Lottery winnings intercepts

        Private counsel does not have lawful authority to take the above actions, however can contact CSE attorneys requesting commencement of suspension proceedings.  Naturally, a sufficient factual basis must be provided to CSE attorneys.

        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

INDEPENDENT SERVICE PROVIDERS

        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.

PROCESS SERVICE

PRIVATE INVESTIGATION LABORATORIES
APPRAISERS
PERSONAL PROPERTY
APPRAISERS
MOTOR VEHICLES
APPRAISERS
REAL PROPERTY

REAL ESTATE BROKERS

COURT REPORTERS - STENOGRAPHERS MEDIATORS

SUPPORT ENFORCEMENT
DO I NEED AN ATTORNEY?

 

Do I need an attorney?

If you are reading this web page, it's probably time to loosen the pocket book and retain counsel.

Usually private counsel is retained under the following circumstances.
        An obligee has unsuccessfully tried the self help route.
            Income assignments, health benefit assignments, writs of execution, writs of garnishment, subpoena duces tecum, etc. have become overwhelming.
        An obligee has become impatient with a child support enforcement unit (CSE) and their heavy caseload

Children's needs are on-going and do not abate (take a time-out) simply because the obligor parent isn't contributing for whatever reason. Each obligee must weigh the balance:
        Do I wish to incur the expense of attorney's fees and costs?
        Does obligor have resources / income / capacity, or is obligor a "turnip?"
        Do I wish timely professional attention to enforcement of support due me?

Be aware, when support enforcement proceedings are commenced, it is common for the other party to file a motion to modify support and also parenting time / allocation of parental responsibility.  When one party opens the can of worms, all the worms come out.

GENERAL CONSIDERATIONS
SUPPORT ENFORCEMENT AND FAMILY LAW PRACTICALITIES

 

        Fees and costs are not billed until incurred, however in the event client and (former) partner reconcile, earned fees and expended costs will not be refunded.  Client should be certain he * she is committed to support enforcement before commencing litigation.  Support enforcement may become Pandora's Box.

 

        To a large degree, the conduct of client and (former) partner and the ability or inability to agree will determine the final amount of fees and costs.  No two cases are the same.  In the event of hostility between the parties, motion to modify support, allocation of parental responsibility or parenting time becomes more likely.  Resolving emotions in counseling or elsewhere and removing emotions from litigation may significantly reduce legal expenses.  Before retaining counsel, eliminate guilt over consequences to obligor or anger toward obligor.  Support enforcement is a business transaction devoid of emotion similar to a bank repossessing a vehicle and filing suit for deficiency after sale.

 

        I am a single parent who has raised his daughter alone since infancy.  I've walked the mile at 3 a.m. and am familiar with single parenting issues from tender years through teens and the cost of raising a child alone.  If you seek a just and fair resolution to your support issues, I am most willing to assist - it is irrelevant whether the client is husband or wife, mother or father, obligor or obligee, petitioner or respondent.  If you seek a vendetta or to punish your former partner through legal proceedings, please look elsewhere as I would decline representation.

 

        If the opposing party is unreasonable or litigation is otherwise justifiably required, then it's time to litigate.  That means case preparation - both factual and legal research to effectively present the client's case to the court.  The magistrate's or judge's polestars will be the best interest of the children and fundamental fairness under the facts and circumstances.  Mere lip service to these principles is not sufficient, but reasonable or legitimate requests for relief are likely to be granted in court orders.

 

        The more complex the case or as justiciable issues increase, fees and costs increase.  This is a reality no matter which attorney a prospective client hires.  You are welcome to review Alternatives to Private Counsel - Other Options and visit with any number of attorneys.  In family law matters, it is especially important that the client be comfortable from the outset with the attorney he or she retains and understand the attorney's billing structureThird party witnesses, legal research and settlement are not likely in support enforcement actions - usually lawful remedies are utilized involuntarily against the obligor.By providing the links to the right, please do not think I wish to discard potential business.  This is a simply a courtesy I would appreciate were I in a prospective client's shoes.

 

        At the time of the first visit, a prospective client will be quoted hourly attorney fees and estimated costs. The hourly fee and initial trust deposit quotes will be honored for a period of seven (7) days, after which quotes are subject to change without notice if this office has not been retained.  Attorney is a sole practitioner with need to manage his caseload.  Pending proposed client acceptance and payment, retainer agreement proposals are subject to withdrawal.  Attorney reserves the right to decline any case.
 
        Included in attorney's primary website is a web page devoted to clear definition & understanding of free
first consultation, fees and costs, retainer agreement and terms of representation.  Additional information regarding fees & costs may be found via the links following potential quotes.

POTENTIAL FEE QUOTE
SUPPORT ENFORCEMENT
CHILD SUPPORT  *  SPOUSAL MAINTENANCE
Thank you for considering my services; I appreciate your inquiry.

This office bills hourly fees only in family law cases.  Time expended determines fees.  Due to the fact I can not predict behavior of parties who were in a previous relationship and may be emotional, I do not offer flat fees or contingency (percentage) fees regarding support enforcement.

PAYMENT
Secure On-Line Payment

Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
 
$       hourly   
$     variable   
 
common trust deposit request
including attorney's fees & litigation costs - excluding travel
map * travel policy - time & expenses * travel rates

$2,000*

Enforcement matter without modification issues.     * This shall not constitute an offer.

Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits. 

Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.

trust deposit for anticipated fees & costs is due when retained

attorney does not accept installment payments

regular billings are scheduled on the 1st and 15th
if fees and costs are not paid as agreed, representation is withdrawn

MAJOR CREDIT CARDS ACCEPTED
PAYPAL ACCEPTED
Secure On-Line Payment
THIRD PARTY PAYMENT AUTHORIZATION

charge card merchant discount

 
PARTIAL LIST OF POTENTIAL COSTS
out of pocket costs are the responsibility of the client
link to Colorado Judicial Branch website -  current costs information published by state
COLORADO STATE COURT COSTS & FILING FEES
litigation costs fluctuate - below estimates may be obsolete
fees & costs assessed by courts or third party providers are not within attorney control
 
$   0.00   Court - Filing Fee - Judgment or Contempt Enforcement
95.00   Court - Filing Fee - Motion to Modify - 60 days or more after initial order
35.00   Court - Writ of Execution
35.00   Court - Writ of Garnishment
55.00   Court - Writ of Attachment
20.00   Court - Transcript of Judgment
15.00   Court - Satisfaction of Judgment
15.00   Court - Certification - per document
15.00   Court - Exemplification
0.75   Court - copy cost per page
50.00   Court - Judgment Creditor's Docket Fee - C.R.Civ.P. §§ 369 & 69 - Execution & Supplemental Proceedings
        Additional Fees Against Judgment Debtor
10.00   Court - Judgment Debtor Fee - Judgment $  5,000 - $10,000
30.00   Court - Judgment Debtor Fee - Judgment $10,000 - $20,000
50.00   Court - Judgment Debtor Fee - Judgment $20,000 - $30,000
90.00   Court - Judgment Debtor Fee - Judgment $30,000 - $50,000
Varies   Court - Judgment Debtor Fee - Judgment $50,000 and over
            $90.00 + $2.00 for each $1,000 over $50,000
$  10.00   Court records search & copy costs (actual may be more or less)
$  10.00   Copy expense at courthouse - files (estimate - may vary)
0.00   Court - Outgoing Interstate Enforcement
151.00   Court - Incoming foreign decree
100.00   Contempt ADR - Alternate Dispute Resolution - Mediation (minimum fee per party)
5.00   Clerk and Recorder - Filing Fee - per page
    Birth Certificate - paternity disputed or adoption
35.00        Colorado
Varies        Other states: each set their own fees
Price   Background Search - cost per parent search - if custody & visitation issues are raised - likely
Varies   DMV Out of State Driving Record  - per parent search -  if custody & visitation issues - likely
$______   Private Investigator initial retainer - variable based upon missing parent
$______   Process service expense - depends upon location of opposing parent
Varies   On-line legal research - expense depends upon issues requiring legal research, if any
Rates   Travel time and expenses if case outside Colorado Springs

CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

 
 
****************************** ****************************** ******************************
 
FIRST CONSULTATION ACCOUNTING STRUCTURE HOURLY FEES COSTS
SECURITY FOR FEES & COSTS TRUST ACCOUNT TRAVEL WITHDRAWAL OR TERMINATION
CLIENT DUTY TO DISCLOSE OMISSION OR NON-DISCLOSURE ALTERNATIVES
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN

Thank you for considering my services; I appreciate your inquiry.

ATTORNEY REPRESENTATION
AND DECLINED MATTERS

 
CRIMINAL DEFENSE DUI DEFENSE & TRAFFIC DEFENSE DRIVER LICENSE DEFENSE
FAMILY LAW & DIVORCE DEBT COLLECTION COMMUNITY RESOURCES
FIRST CONSULTATION ACCOUNTING STRUCTURE WEBSITE INDEX GATEWAY
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN
 

ALTERNATIVES

FIND A LAWYER

if you are seeking the below
please refer to above links for helpful information
sole practitioner attorney does not accept these matters
 

a.  a pro-bono (free) lawyer
b.  an attorney who may take lower fees - economic hardship
c.  an attorney who may take installment payments

Attorney Welcomes
third party payment authorization
charge card merchant discount
 

MID-LITIGATION REPRESENTATION
alternatives and find a lawyer links provided as a courtesy

Attorney Policies
Litigant Pro Se - Attempt to Prepare or Defend Own Family Law Case

1.  Adequate Time.  If sufficient time exists to adequately prepare your family law case or defense and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

2.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline.

3.  Limited Assistance.  Please do not call requesting instruction, directions, legal theory, forms completion or limited document drafting, partial representation, or an explanation of applicable law to assist you in preparation or defense of your own case.  I decline.

Attorney Policies
Representation by Previous Attorney

1.  Current Attorney.  Until an order has entered withdrawing representation by an attorney, an ethical rule violation exists if counsel knowingly speaks to another attorney's client without current attorney's consent.  This ethical rule governs all attorneys.  Please do not call until after you have terminated representation by a former attorney.  After other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."  Please be aware fees and costs will be associated with procuring the court file and coming up to speed in the case.

2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your family law case, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

3.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline.

4.  Second Opinion.  I will not arm chair quarterback another attorney's case preparation, trial tactics or theory of the case.  Please do not call for a second opinion or an opinion regarding the competence of preparation or defense in your current family law case.  I decline.

 
 

POST DECREE MATTERS
alternatives and find a lawyer links provided as a courtesy
former clients are naturally welcome to call anytime regarding any legal matter

1.  Post Decree Support, Property or Debt Enforcement.  I accept most post decree requests to enforce a prior court order with respect to child support, spousal maintenance, property or debt.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

2.  Post Decree Modification.  I will consider post decree modification of support, parental responsibility or parenting time or setting aside a former property or debt order, however I do consider the amount of time elapsed since last order, circumstances surrounding the modification and number of prior attorneys retained by a prospective client.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

3.  Appeals.  I do not accept appellate matters unless I provided representation at hearing or trial and am familiar with the facts, testimony and exhibits received into evidence and meritorious issues for appeal.  That's been my policy for years.  Please do not call or inquire regarding appellate matters if you are not a former client.

 
 
ATTORNEY TRADE AREA & TRAVEL
CASES OUTSIDE EL PASO COUNTY
GEOGRAPHIC DISTANCE
ECONOMIC CONSIDERATIONS

Colorado is a big state.  Ease of internet access, email and toll free phone doesn't change that fact.  Due to frequency of court appearances, it is not economically justifiable for a client to pay travel time or expenses beyond nearby counties.

Attorney has limited his trade area due to travel cost considerations.

 

Attorney is very willing to travel outside the Colorado Springs area to present or defend a case, but please be aware travel time, mileage and expense would apply.  If you are out of state or unfamiliar with Colorado geography, refer to the map to determine where Colorado Springs is located in relation to the county of your court case or hearing.

 

Colorado MAP
COUNTIES CITIES / TOWNS

If travel is necessary, a trust deposit would be required to cover anticipated travel time, mileage & expenses.  If it is not economically justifiable to retain my services with travel, please contact counsel in the locale of your case.

El Paso County

Colorado Springs / Manitou Springs / Fountain

Arapahoe County

Littleton / Centennial / Englewood

I welcome new cases.  Intent is not to be harsh
or to discard potential new business, but to be practical.

Douglas County

Castle Rock

Elbert County Kiowa / Simla
Fremont County Canon City / Florence / Penrose
Lincoln County Hugo (county seat) / Limon
Pueblo County Pueblo
Teller County Cripple Creek / Woodland Park

BEFORE USING ANY INFORMATION IN THIS WEBSITE, PLEASE REFER TO THE BELOW LINKS
NOTICE AND DISCLAIMER
HomePage Disclaimer
 information to website visitors
ATTORNEY ETHICS & CLIENT DISCLOSURES
Prior Convictions or Bad Acts
important warning information before disclosure
CONTACT & PRIVACY
Confidentiality & Privacy Policy
email, and cordless, wireless or cell phones

WHERE CAN I FIND THE LAW?
Self Help - Free Links to Legal Research

Free Self-Help Clinics
Colorado Courts - Forms - Divorce, Paternity, Support & Family - Index & Download
Colorado Courts - Forms - Restraining Orders Domestic Abuse - Index & Download
Colorado Courts - Forms - Adoption - Index & Download
The above links are provided as a public service, but if you attempt do it yourself" support enforcement
please refer to
attorney policy
Domestic Abuse Restraining Order Matters
*        *        *        *
Plaintiff - Alleged Victims
T*E*S*S*A has forms - will assist in completion - will accompany to court as moral support
T*E*S*S*A workers are not attorneys, but free or low cost
*        *        *        *
Defendant - Alleged Perpetrator
It is unlikely T*E*S*S*A would assist - their mission is prevention of domestic violence.
Serious potential consequences & repercussions - it's time to defend.

please feel free to call or email if you are a client or are seeking representation

FREE INITIAL CONSULTATION
not an offer for free legal advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve the right to decline any legal matter

MAJOR SEARCH ENGINES

All the Web AltaVista AOL Search Ask Jeeves - Teoma Dogpile
Excite Google HotBot InfoSeek - Go LookSmart
Lycos Microsoft Network Netscape Overture Search
  WebCrawler   Yahoo!  

 
child support enforcement, alimony enforcement, income assignment, health insurance assignment, judgment, wage garnishment, bank account garnishment, contempt of court, non-support, abandonment, family support registry fund, statutory interest, Colorado Springs, El Paso County, court, lawyer, attorney
 

Serving Colorado Springs Area Zip Codes

80918 80920 80919 80917 80915 80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 80905 80906 80907 80910 80911 80912 80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 80937 80940 80941 80942 80943 80944 80945 80946 80947 80949 80950 80960 80962 80970 80977 80995 90997

Copyright © 1984 - All Rights Reserved - Document Revised: May 19, 2009
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