Arrest warrant for non-payment of child support

Videos on Colorado Criminal Law. In Colorado, failure to pay child support can result in a judgment issued by the court.

In this article, our Colorado criminal defense lawyers will address:. The court may order either or both parents owing a duty to support a child to pay an amount of money that is reasonable or necessary for the child's support. The amount of child support is based on:. The specific requirements for court-ordered child support should be detailed in the court documents. This includes the amount of child support to be paid, the payment period, and the place of payment. The mission of CSS is to ensure children receive financial and medical support from parents, including locating parents, establishing child support obligations, and enforcing child support obligations.

The state of Colorado has a number of ways to enforce child support payments.

This includes financial enforcement and contempt of court charges. CSS can issue a judgment for any amount of child support that is overdue or unpaid. Judicial actions include placing a lien on real estate, personal property, or motor vehicles. CSS also has the authority to garnish wages to satisfy past due obligations, intercept tax refunds or lottery winnings, and report failure to pay to credit bureaus.

Failure to pay child support can also lead to contempt of court charges. Contempt of court charges can result in a fine and jail time, at the discretion of the court. Failure to pay can also lead to a denial of a passport application, driver's license suspension, or professional license suspension.

Leaving the state and failing to pay child support is subject to federal prosecution.

When child support payments are not made in full, CSS can take administrative action without having to go through formal court proceedings. Enforcement remedies include:. Child Support Services has the authority to garnish your wages for failure to pay child support. This includes a continuing deduction of your wages or a one-time garnishment. A one-time garnishment is available for non-income personal property, such as a bank account. In addition to wages, CSS can also intercept income tax refunds, unemployment compensation, workers' comp benefit payments, and lottery winnings.

Failure to pay child support can result in a lien placed on your property. CSS has the authority to execute a lien on personal property, home or other real estate, and motor vehicles.

To release the lien, payment for the unpaid child support must be made in full. Child support orders are issued by the court. Failure to follow the orders can result in the court finding the individual in contempt of court. If the court finds you in contempt for failure to pay child support, you may face jail time and fines. After service of a citation and motion for failure to pay child support, if the individual fails to appear, a bench warrant may be issued for their arrest.

If you are stopped by police for a traffic violation, they will see you have a warrant and place you under arrest. You may have to remain in jail until the child support payments are paid. Support orders entered or changed after December 31, must provide for income withholding even without showing that the payer has missed payments or is likely to miss payments.

The FOC can administratively adjust the amount the employer withholds toward arrears depending on the circumstances of the case.

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Either party can contact the FOC if they feel that the amount of the income withholding order needs to be adjusted. The court will order the payer to appear and "show cause" why the court should not find the payer in contempt of court. Contempt hearings are primarily held at the Friend of the Court office unless otherwise specified by the notice. While both parties are encouraged to appear, only the payer of support is required to appear. Income Tax Intercept If child support is overdue and the case otherwise satisfies certain statutory requirements, the FOC must request an income tax "intercept.

Additional Enforcement Remedies If the payer is more than 2 months behind on the support payments, the FOC must report the arrearage to a consumer credit reporting agency.

A lein may be placed on the payer's real and personal property, which can be sold to pay the arrearage. All licenses; including driver's, sporting, occupational, or recreational may be suspended. A bench warrant may be issued for the payer's arrest.

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