Family Law, Divorce, Custody and Child Support Attorneys in Denver, Colorado

Garnishing Wages

The most widely used and effective mechanism for child support collection is the income assignment. Sometimes called a wage assignment, an income assignment works in much the same way.

An income assignment has a number of advantages over a regular garnishment, however. First, while a garnishment is effective for 90 days, an income assignment can run for the entire length of the child support obligation without ever having to be renewed.

An income assignment may be used not only on salary and wages, but also on sources of income such as retirement benefits, workers’ compensation payments, dividends, capital gains distributions, and unemployment compensation.

If a parent doesn’t pay, the other parent can do any – or all – of the following:

• Liens on Property

  The other parent may place liens on real estate as well as on personal property like cars and boats.

• File Contempt

  A parent who fails to comply with a child support order may be called before a judge on contempt charges. The remedy may be “remedial” (fix it and fix it now), “punitive” (go to jail), or both.

• Gambling Payment Intercept

  Casinos and racetracks are required to intercept winnings from slot machines ($1200) and racing wagers ($600) if a parent owes child support arrears.

• Lottery Intercepts

  If you’re lucky enough to pick the right numbers in the lotto drawing, you may lose your winnings if you owe unpaid child support.

• Suspension of Licenses

  A smart parent can, if they want, try to have your driver’s license, hunting or fishing license, and license to practice your occupation suspended (though this is much like shooting yourself in the foot) if you are behind in your child support payments.

• Directory of New Hires

  All Colorado employers have to report their new hires to the State who then matches this information against its list of child support obligors.

• Reporting to Credit Bureaus

  Unpaid child support amounts may mar a parent’s credit report and make obtaining credit very difficult.

• Deductions for Health Insurance

  This involves a notice similar to that used for an income assignment that is sent to an employer directing the employer to enroll the children in the employer’s health insurance plan and to deduct the premium payments from the parent’s pay.

• Liens on Bank Accounts

  If the other parent discovers an account at a financial institution, they may freeze the account to cover the amount of any back child support due.

• Tax Refund

  A Parent who owes child support may see their state and federal tax refunds intercepted by the other parent to cover the amount of the support arrearage.

Make child support the priority over everything else. If you still can’t manage it, consider a modification.

If you’re seeking to get a parent to pay – or to punish them for not paying – you may file a contempt charge.

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