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.
                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:

                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 my primary website 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
               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
               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

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.

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NON-SUPPORT INVOLUNTARY TERMINATION OF PARENTAL RIGHTS
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
FIND A LAWYER ANYWHERE    Support Enforcement Overview Page Top

INTERSTATE SUPPORT ENFORCEMENT

INTERSTATE SUPPORT ENFORCEMENT INCOMING CASE   OUT OF STATE SUPPORT ORDER COLORADO OBLIGOR RESIDENCE   STATE COURTS District Court   *   El Paso County Colorado Self Help Clinics Self Help Legal Research   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 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 & 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. 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) 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 STATE COURTS District Court   *   El Paso County Colorado I do not accept outgoing interstate 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 Standardization forms which required duplication of data in multiple form locations         delay and fees         civil injunction 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. attorney does 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.