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| Enforcing an Order What is enforcement? Once the child support order is obtained, the child support office will enforce the order if the non-custodial parent does not pay as ordered. Generally Colorado orders have an emancipation age of 19. If the child is mentally or physically disabled, the court or child support enforcement unit may require payments to continue past the age of 19. If the child is 19 and still in high school, support continues until the end of the month of graduation. If child support is not being paid as ordered, the local child support office enforces the order for current support and collects the balance of unpaid child support. The child support enforcement office has many methods to enforce payment of child support and child support arrears including income assignments, judgments, garnishments, interception of tax refunds and/or lottery winnings, contempt actions, and criminal prosecution under the Federal Child Support Recovery Act. How is child support collected and disbursed? Usually, as a result of either a court order or administrative process, the non-custodial parent is ordered to make payments to the Colorado Family Support Registry either directly or through an income assignment generated by the caseworker. The Colorado Family Support Registry distributes child support payments for all child support cases where the custodial parent is receiving child support services from a delegate child support enforcement agency. Courts can also order that payments be made through the Family Support Registry. The Registry receives, processes, disburses, and maintains a record of all child support payments. If the Family Support Registry or child support agency does not have a current address for the custodial parent, receipt of payments may be interrupted. Click here to send your caseworker an address update. If child support money is not sent to the Family Support Registry, you will not receive credit for your payments. If you have questions about your payments, contact the El Paso County child support office at (719) 457-6331 or (866) 270-2606 tollfree (outside of Colorado Springs). How is my employer notified to withhold wages? If the employer is known, the child support enforcement agency can use a method called income assignment to withhold wages from the non-custodial parent's paycheck. If an income assignment was included in the court order for child support, the caseworker prepares and sends a Notice of Income Assignment to the employer within 15 days of the past due payment date. If an income assignment was not included in the court order, the caseworker sends a Notice of Pending Income Assignment, the Advance Notice to Activate an Income Assignment, and the Objection to Activate an Income Assignment. If the non-custodial parent does not file an objection to the activation of an income assignment within ten days, the Notice of Income Assignment is sent out within 15 days to the employer. If the employer is unknown, the notice of income assignment is sent by the local child support enforcement agency as soon as an employer is located. Employers are required by federal law to report information on all newly hired employees to the appropriate state new hire reporting center. Colorado maintains a State Directory of New Hires that receives and processes hiring data regarding new employees in the State of Colorado. At the State Directory of New Hires, the social security number and name of the employee are matched with child support cases to identify employees who have child support cases. When a non-custodial parent's employer is verified, the caseworker can initiate the procedures for an income assignment. What if I don't pay my child support? If you don't pay your child support, past due payments called arrears will accumulate. The child support enforcement agency may collect arrears by:
The type of enforcement action taken depends on the individual circumstances of your case. The best way to avoid these collection methods is to pay your child support. If you are having trouble making your payments, call the El Paso County Child Support Office. We may be able to help. How are arrears calculated? Arrears begin to accumulate as soon as a payment or portion of a payment is missed. The Family Support Registry tracks missed payments, late payment fees and penalties, and interest. Information in the Registry is only accessible by the Federal, State, or local Child Support Enforcement agency or the courts. Custodial and non-custodial parents can obtain this information by calling their El Paso County caseworker. Information Required To help enforce your case, provide your caseworker with:
Click here to e-mail a change of address to your child support caseworker. Click here to e-mail a change in employment to your child support caseworker. Estimated Timeframes The time it takes for a particular enforcement action to take effect varies significantly based on the enforcement action. When sufficient information for issuance of an income assignment is possible, it will be issued within 15 days. Within 30 days, enforcement actions will be taken unless service of process is necessary. If service of process is required, the caseworker will ensure that service is completed and an enforcement action taken within 60 days. Enforcement actions such as motions for contempt and motions for entry of judgment may take longer because of judicial and statutory requirements. Liens will depend on when the person attempts to sell their property. State and federal tax refunds typically occur during tax season and are dependent on a refund being available to intercept. If you have questions about timeframes, contact the El Paso County child support office, and your caseworker will provide you with further information.
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