Colorado Family Attorney’s Guide to Spousal Support Enforcement: Claims, Compensation & Legal Strategies

Understanding Spousal Support Enforcement in Colorado

Spousal support, also known as alimony or maintenance in Colorado, is a court-ordered payment from one spouse to another following a divorce or legal separation. While the initial divorce decree outlines the terms of spousal support, including the amount, duration, and payment schedule, enforcement becomes necessary when the paying spouse (the "obligor") fails to meet their obligations. Colorado law provides several mechanisms for enforcing spousal support orders, and understanding these options is crucial for recipients (the "obligee") to secure the financial support they are entitled to.

Common Reasons for Non-Payment of Spousal Support

Several factors can contribute to non-payment, and understanding these can help anticipate potential problems and develop appropriate strategies:

• 💰 Job Loss or Reduced Income: A change in the obligor's employment status can significantly impact their ability to pay.
• 😠 Disagreement with the Divorce Terms: Resentment or dissatisfaction with the divorce settlement can lead to intentional non-payment.
• ⚕️ Medical Issues: Unexpected medical expenses or health problems can strain the obligor's finances.
• 📍 Relocation: Moving to a different state can complicate enforcement if the obligor believes they can evade their obligations.
• 💸 New Financial Obligations: New family responsibilities, like supporting a new partner or children, can sometimes lead to reduced payments.

Methods for Enforcing Spousal Support Orders in Colorado

Colorado offers several legal avenues for enforcing spousal support orders. The most effective approach depends on the specific circumstances of the case.

1. Wage Garnishment

🏢 How it works: Wage garnishment is a direct and often effective method. The court orders the obligor's employer to deduct a portion of their wages and remit it directly to the obligee. This is often the first and most straightforward approach.

📝 Process:

• File a Motion for Wage Garnishment with the court.
• Provide the obligor's employer information (name, address, etc.).
• The court will issue an order to the employer.
• The employer deducts the ordered amount from the obligor's wages.

❗ Important Considerations: Colorado law limits the amount that can be garnished from wages. There are federal and state limits to the amount that can be garnished, protecting the obligor from complete destitution. The maximum amount that can be garnished is generally 50% of disposable earnings if the obligor is supporting another spouse or dependent child. If the obligor is not supporting another family, 60% of disposable earnings can be garnished. These percentages are further increased if the obligor is more than 12 weeks behind on their support payments, up to 55% and 65% respectively.

2. Contempt of Court

⚖️ How it works: If the obligor willfully fails to comply with the court order, they can be held in contempt of court. This is a more serious step and carries potential penalties.

📝 Process:

• File a Motion for Contempt of Court.
• Present evidence that the obligor knew about the support order and had the ability to pay but chose not to.
• The court will hold a hearing.
• If found in contempt, the obligor may face fines, jail time, or both.

Proof of Willfulness is Key:

To succeed in a contempt action, you must prove that the obligor’s failure to pay was willful. This means they had the ability to pay but intentionally chose not to. If the obligor can demonstrate a legitimate inability to pay (e.g., due to job loss and unsuccessful job search), a contempt finding is less likely. However, a history of missed payments, unexplained financial decisions, or a failure to actively seek employment can all be used to establish willfulness.

3. Judgment and Collection

🧾 How it works: Unpaid spousal support becomes a debt, and you can obtain a judgment against the obligor for the amount owed. This judgment can then be used to pursue various collection methods.

📝 Process:

• Obtain a judgment for the arrearage (the amount of unpaid support).
• Record the judgment with the county clerk and recorder.
• Use collection methods such as:
• Levying bank accounts.
• Placing a lien on real property.
• Seizing personal property.

🏠 Liens on Property: A lien gives you a legal claim against the obligor's property. When the property is sold, you will be paid from the proceeds. This can be a powerful tool, especially if the obligor owns real estate.

4. Income Tax Refund Intercept

💰 How it works: You can request that the obligor's state or federal income tax refund be intercepted and applied to the unpaid support. This is typically handled through the Colorado Department of Human Services, Division of Child Support Services, which also handles spousal support enforcement in some cases.

📝 Process:

• Apply for income tax refund intercept through the appropriate agency.
• Provide necessary documentation, including the support order and details of the arrearage.
• If approved, the obligor's tax refund will be intercepted and applied to the debt.

5. Suspension of Licenses

🚗 How it works: Colorado law allows for the suspension of the obligor's driver's license, professional licenses (e.g., medical, legal, contractor), and recreational licenses (e.g., hunting, fishing) for failure to pay support. This can be a significant incentive for compliance.

📝 Process:

• File a motion with the court requesting license suspension.
• Provide evidence of the arrearage.
• If the court finds the obligor is in arrears and has the ability to pay, it can order the suspension of their licenses.

6. Referral to the Division of Child Support Services (DCSS)

🧑‍💼 How it works: While primarily focused on child support, the DCSS may also be able to assist with spousal support enforcement in certain cases, particularly when spousal support is combined with child support in the same order.

📝 Process:

• Contact the DCSS to determine eligibility for assistance.
• Provide necessary documentation, including the support order.
• The DCSS may be able to use its resources to locate the obligor, verify income, and enforce the support order.

Practical Advice for Spousal Support Enforcement

• 📑 Keep Detailed Records: Maintain accurate records of all payments received, dates, and amounts. This documentation is essential for proving arrearages.
• 📧 Communicate (Cautiously): While direct communication with the obligor may be tempting, it's often best to communicate through attorneys. Keep all communications professional and focused on the support obligation. Save all communications as evidence.
• 🏃‍♀️ Act Promptly: Don't delay in pursuing enforcement actions. The longer you wait, the more difficult it may become to collect the unpaid support.
• 🏦 Know the Obligor's Assets: Identifying the obligor's assets (bank accounts, property, investments) can significantly aid in the collection process. Legal tools like subpoenas can be used to gather this information.
• 👨‍💼 Consider Mediation: While enforcement actions are necessary when compliance fails, mediation can sometimes be a useful tool for resolving disputes and reaching a payment plan that works for both parties.

Possible Compensations Beyond the Original Support Order

In some cases, you may be entitled to compensation beyond the original spousal support amount when pursuing enforcement actions:

• ⚖️ Interest: Colorado law allows for interest to accrue on unpaid support obligations. This can significantly increase the amount owed over time.
• 🏛️ Attorney Fees: If you are successful in enforcing the support order, the court may order the obligor to pay your attorney fees. This depends on the specific circumstances of the case and the judge's discretion.
• 💸 Late Fees: The original support order may include provisions for late payment fees.

Legal Strategies for Effective Spousal Support Enforcement

• 🎯 Strategic Timing: Consider the timing of enforcement actions. For example, filing for wage garnishment shortly before the obligor receives a bonus or raise can maximize the amount collected.
• 🔍 Asset Investigation: Employing a private investigator to locate hidden assets can be beneficial, especially if you suspect the obligor is intentionally concealing assets to avoid paying support.
• 🤝 Negotiated Settlements: While aggressive enforcement may be necessary, be open to negotiating a settlement with the obligor. A negotiated payment plan can sometimes be more effective than protracted legal battles.
• 🔄 Modification of Support: If the obligor's financial circumstances have changed significantly, consider filing a motion to modify the support order. This can prevent future enforcement issues and ensure the support amount is fair and reasonable. Remember that a modification requires a "substantial and continuing change of circumstances."
• 📝 Enforcement Across State Lines: If the obligor has moved out of Colorado, you may need to pursue enforcement actions in the other state. The Uniform Interstate Family Support Act (UIFSA) provides a framework for enforcing support orders across state lines.

When to Seek Legal Counsel

Navigating spousal support enforcement can be complex and emotionally challenging. It's highly advisable to consult with a qualified Colorado family law attorney in the following situations:

• ❗ The obligor is consistently failing to pay support.
• 📍 The obligor has moved out of state.
• 💸 You suspect the obligor is hiding assets.
• ⚖️ You are unsure of the best enforcement strategy.
• 📝 You need assistance with filing legal documents.

An attorney can provide expert guidance, protect your rights, and help you navigate the legal process effectively.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.