If you’ve ever gone through a divorce where your former spouse is not paying child support on time or at all, it can be extremely frustrating. When your ex-partner refuses to fulfill their court-ordered financial obligations, it can feel like an overwhelming and unjust burden to bear. The good news is that you’re not alone in this struggle. There are legal avenues available to ensure your child or children receive the support they deserve.
There are many strategies you can employ when your ex is not paying child support. Whether they’ve fallen behind on payments or are outright refusing to pay, with Perkins Law by your side, you can ensure a favorable outcome in your child support case.
Understanding the Basics of Child Support in Colorado
Child support is a legally binding financial responsibility that the non-custodial parent must fulfill to contribute to the care of their child or children. First, to understand the basics of child support, you must understand how the support is calculated in Colorado. Under Colorado child support law, COL. REV. STAT. §14-10-115, the amount of child support owed is calculated by applying a percentage (about 20% for the first child and an additional 10% for each subsequent child) of a combined gross income to their child’s needs.
The end of a relationship, whether through divorce or legal separation, does not absolve a parent of their responsibility to provide financial support for their offspring. Failure to make these court-ordered payments can have serious consequences, including fines, wage garnishment, a negative credit report, or license suspension.
Documenting the Non-Payment of Child Support
The first step in addressing your ex’s non-payment of child support is to document every missed or late payment meticulously. Keep detailed receipts, including dates, amounts, and any communication related to the child support obligation. Having up-to-date documentation will serve as crucial evidence if disputes arise or if you need to take legal action.
Maintaining a complete paper trail is crucial not only for your case but also to demonstrate to the court your diligence in attempting to resolve the issue. Paying attention to the little details can strengthen your case and increase the probability of a favorable outcome.
Seeking The Right Legal Aid
Navigating the legal system can be intimidating. That’s why you must seek the guidance of an experienced family law lawyer in El Paso County and Colorado Springs. These professionals can explain your parental rights and your legal options, ensuring that your interests and those of your child are protected.
If your ex continues not paying child support, your divorce attorney will advocate for the enforcement of the existing order. Your El Paso County lawyer will present your case with expertise, leveraging their knowledge of local courts to argue for the best possible outcome.
Utilizing Enforcement Mechanisms
The law provides numerous mechanisms to compel a parent who is not paying child support to fulfill their obligations. Your attorney can guide you through implementing these options, which may include:
Income Withholding
The court can order your ex’s employer to withhold a portion of their wages, ensuring that the payments are made directly to you.
Tax Refund Interception
The state can intercept your ex’s federal and state tax refunds and apply them toward their outstanding child support balance.
License Suspension
Failure to pay child support can result in the suspension of your ex’s driver’s license, professional or recreational licenses, or even their passport, creating a powerful incentive to comply with the order.
Property Seizure
The court may authorize the seizure of your ex’s assets, such as bank accounts or real estate, to satisfy the child support debt.
Contempt of Court
If your ex continues to defy the court order, they can be held in contempt of court, potentially leading to fines or even incarceration as a last resort. The court’s main objective is to provide for the child’s well-being, not to punish the parent who is not paying child support. The court’s focus is often on finding ways to compel compliance rather than resorting to punitive measures.
See Also: What To Expect in Your Free Divorce Attorney Consultation: A Step-By-Step Overview
Enforcing Child Support Orders Across State Lines
If your ex-partner has moved out of Colorado, you may still be able to enforce the child support order. The Uniform Interstate Family Support Act (UIFSA) provides a framework for cross-state enforcement, allowing you to:
- Request that the Colorado court maintain jurisdiction and enforce the order against your ex, even if they now reside in another state.
- Have the Colorado order registered and enforced in the state where your ex currently lives.
- Initiate a new child support case in the state where your ex resides and have the order enforced there.
Additionally, federal laws, such as the Child Support Recovery Act and the Deadbeat Parents Punishment Act, further empower courts to pursue non-paying parents across state lines.
Read Also: Understanding Parental Relocation in Colorado
Navigating Disputes over Visitation and Child Support
First, you must understand that child support and visitation rights are separate legal matters. Even if your ex is denying you court-ordered visitation, you are still obligated to pay the court-ordered child support. On the flip side, if your ex is not paying child support, it does not give you the right to withhold visitation.
If your ex is messing with your visitation rights, you should petition the Colorado Springs courts to enforce those rights. The court will address the visitation issue independently from the child support matter, ensuring that your child’s best interests remain the top priority.
Addressing Financial Hardship
If you find yourself temporarily unable to meet your court-ordered child support obligations due to job loss or other financial hardships, act quickly. The court generally cannot retroactively modify child support orders, so you’ll need to petition the court for a modification as soon as possible.
Providing documentation, like proof of job loss or medical records, can demonstrate your inability to pay and help the court determine an appropriate adjustment to your child support obligation. However, note that the modification will only affect future payments, and you may still be responsible for any accrued arrears.
See More: How Losing Your Job Affects Divorce
Overcoming Contempt of Court Charges
If you’ve been held in contempt of court for non-payment of child support, it’s essential to take immediate action to rectify the situation. The first step is to explain to the court why you were unable to make the required payments, whether it was due to job loss, illness, or other extenuating circumstances.
Provide the El Paso County court evidence, such as employment records, medical documentation, or proof of your efforts to find work or modify the child support order. Emphasize your commitment to fulfilling your obligations and your willingness to work with the court to establish a reasonable payment plan.
The court’s goal is to ensure that the child’s needs are met. Demonstrating your “good faith efforts” and your desire to comply with the order can go a long way in avoiding harsh penalties, such as fines or incarceration.
Need Help When Your Ex Is Not Paying Child Support? – Schedule a Consultation With Perkins Law Today
If your ex-partner is not paying child support, before you try to take matters into your own hands, seek the guidance of the team of divorce and child support lawyers at Perkins Law. The legal professionals will navigate the legal system on your behalf, ensuring that your child’s best interests are protected and that you receive the financial support you’re entitled to.
Remember, you don’t have to face this challenge alone. With legal representation from Perkins Law in Colorado Springs, you can take proactive steps to compel your ex to meet their financial obligations and provide your child with the support they deserve.
Contact Perkins Law today to request your 100% free, no-obligation consultation. Our lawyers are ready to help you get the child support you are entitled to.
