Seven Things You Should Know About Failing to Pay Child Support In Colorado

Colorado courts have the child’s best interests as their standard in all court decisions. The state’s law for child support upholds this standard by considering it an obligation for all parents to support their children. The state bases its formula for calculating child support on the total gross income of both parents and the number of overnight custody days each parent has with the children. When a court orders one divorced parent to pay child support to the other, the orders are binding and enforceable. Reach out to a child support attorney in Fort Collins for help if you are in this situation.

Failure to pay court-ordered child support has adverse consequences. These consequences not only negatively impact the child but also have repercussions for the parent who fails to meet their obligation, including those described below.

1. Notice of Delinquency

When a parent misses a child support payment they fall into arrears. The first step Colorado’s Child Support Services (CSS) takes is to issue the payer in arrears a delinquency notice. This notice shows the amount of the arrearage and a time limit for the parent to make up the late payment.

2. Wage Garnishment

When a parent falls behind on their court-ordered child support and fails to respond to the delinquency notice, CCS can place an income withholding order (IWO) on their paychecks through their employer. This wage garnishment process withholds the parent’s child support from their wages and places it directly into their Colorado child support account so the receiving parent can access their payment. This prevents the non-custodial parent from avoiding payment. The state can withhold up to 60% of a paying parent’s disposable income for current and back-owed child support.

3. Lien Placement

Colorado can place liens on a paying parent’s assets, such as real estate, retirement plans, automobiles, and bank accounts. The liens stay in place until the child support balance is paid in full.

4. Interception of Funds

When a paying parent fails to pay child support in Colorado, CSS can intercept specific payments to the parent in arrears, including unemployment checks, workers’ compensation benefits, tax refunds, and gambling or lottery winnings.

5. License Revocation 

Colorado can choose to revoke the state’s licensing as a punishment for a parent who fails to pay child support. This includes a commercial driver’s license, standard driver’s license, professional license, and fishing/hunting license.

6. Passport Ineligibility

When a parent owes $2,500 or more in child support, the state can make them ineligible for a passport. This serves as both a punishment and a deterrent for late payments but also keeps the parent from fleeing the country to avoid paying child support.

7. Contempt of Court Charges

Child Support Services in Colorado can generate any of the above enforcement measures for those in arrears on their child support payments without the need for a court order; however, if enforcement measures do not work, the court can issue contempt of court charges against the parent for failing to abide by a court order. A conviction on contempt of court charges for child support delinquency could result in up to 180 days in jail plus a fine. Courts arrest delinquent parents only as a last resort since fines and jail time make it more difficult for a parent to make payments.