How Denver Family Law Approaches Alimony Enforcement

Child support is a key aspect of family law that ensures the well-being and financial stability of children following a divorce or separation. In Denver, child support enforcement is governed by both state and federal laws that are designed to ensure that noncustodial parents meet their financial obligations to their children. This article examines how Denver family law addresses child support enforcement, including the legal framework, enforcement mechanisms, and resources available to parents.

Understanding Child Support in Denver

Child support is a legal obligation in which a noncustodial parent provides financial assistance to a custodial parent to cover the basic needs of a child. These include food, shelter, clothing, education, and health care expenses. In Denver, child support is determined according to the guidelines set forth in Colorado Revised Statutes (CRS) § 14-10-115. The amount of child support is calculated based on several factors, including the income of both parents, the number of children, and the amount of time each parent spends with the children.

The Legal Framework for Child Support Enforcement in Denver

Denver follows Colorado law in the administration of child support cases. The Colorado Child Support Services (CSS) program, part of the Colorado Department of Human Services (CDHS), is key to enforcing child support orders. CSS works closely with county child support offices, including those in Denver County, to ensure that child support obligations are met.

Child support enforcement in Denver is also affected by several federal laws, including the Child Support Enforcement Act of 1975, which requires states to establish enforcement agencies, and the Personal Responsibility and Work Reconciliation Act of 1996, which tightened child support enforcement measures.

Child Support Enforcement Mechanisms in Denver

Denver family law provides a variety of mechanisms for enforcing child support orders when the noncustodial parent fails to meet their obligations. These enforcement tools are designed to compel payment and provide financial support for the child:

a. Income Deduction Orders

One of the most common methods of enforcing child support in Denver is income withholding. Under CRS § 14-14-111.5, once a child support order is established, the court can enter an income withholding order. This order directs the noncustodial parent’s employer to automatically deduct child support payments from the noncustodial parent’s wages and transfer them to the appropriate child support agency. Income withholding is considered a highly effective method because it provides regular payments without the custodial parent having to take any additional action.

b. Contempt of Court

If the noncustodial parent fails to pay child support, they may be found in contempt of court. Under Colorado law, contempt of court proceedings can result in penalties such as fines, wage garnishment, and even jail time. The custodial parent can file a contempt of court motion in Denver Family Court, where a judge will review the case and determine whether the noncustodial parent willfully disobeyed the court order. If the parent is found in contempt of court, they may be ordered to pay past-due child support and additional penalties.

c. Asset seizure

Denver family law allows for asset seizures as a way to enforce child support. This can include seizing bank accounts, intercepting tax refunds or placing liens on assets. The Colorado Department of Revenue can seize state and federal tax refunds of parents who owe child support. Additionally, CSS can place liens on personal property, such as vehicles or real estate, preventing the sale or transfer of those assets until the child support debt is settled.

d. Suspension of driving license

Colorado law allows for the suspension of various licenses, including driver’s licenses, occupational licenses, and recreational licenses, for parents who are delinquent in their child support payments. Under CRS § 26-13-123, CSS may request the suspension of a noncustodial parent’s license if they fail to comply with a child support order. A driver’s license suspension is often a strong incentive for parents to pay child support on time because it affects their ability to drive, work, or engage in recreational activities.

e. Credit Reporting

Failure to pay child support can have serious financial consequences for the noncustodial parent. Denver family law allows child support agencies to report delinquent payments to credit bureaus. A negative report can affect a parent’s credit score, making it harder to get loans, credit cards, or housing. This law enforcement tool acts as a deterrent, encouraging compliance with child support obligations.

f. Refusal to issue a passport

For parents who are significantly behind on child support, the U.S. Department of State may deny passport or passport renewal applications. Denver Family Law works with federal authorities to enforce this remedy. If the noncustodial parent’s arrears reach a certain threshold, they may not be eligible for a new or renewed passport, which will limit their ability to travel abroad.

Denver Child Support Order Modification

It is important to remember that child support orders are not set in stone. Denver family law provides a mechanism for modifying child support orders in the event of a significant change in circumstances, such as a significant increase or decrease in either parent’s income, a change in the child’s needs, or a change in time spent with the parent. Either parent may request a modification through the Denver family court system or by working with CSS. The court will review the application and determine if a modification is appropriate based on the best interests of the child.

Resources available for child support enforcement in Denver

Denver provides a number of resources for parents seeking assistance with child support enforcement:

• Colorado Child Support Services (CSS): CSS is the primary agency responsible for enforcing child support in Colorado. It offers a variety of services, including establishing child support orders, locating non-custodial parents, and enforcing child support orders.
  
• Denver County Child Support Services: This office is located within the Denver Department of Social Services and works closely with CSS to assist Denver residents with child support matters, including taking enforcement actions.
  
• Family Law Attorneys: Hiring Denver Family Lawyer with experience in child support enforcement can provide invaluable legal advice and representation. An attorney can help parents navigate the complexities of the court system, file enforcement motions, and defend their rights.
  
• Colorado Legal Services: This organization offers free or low-cost legal assistance to low-income individuals dealing with family law matters, including child support enforcement.
  

Child support enforcement is a key aspect of Denver family law, ensuring that children receive the financial support they need and deserve. With a wide range of enforcement mechanisms available—from income deductions to driver’s license suspensions—the Denver legal system provides solid tools to resolve noncompliance issues and promote the best interests of the child. Whether you are a custodial parent seeking to enforce a child support order or a noncustodial parent seeking to understand your obligations, a consultation with a Denver family law attorney can help you navigate the legal landscape and reach a fair resolution.