Chapter 23 - § 23.6 • ENFORCEMENT

• Jurisdiction: Colorado

§ 23.6 • ENFORCEMENT

Counsel should advise clients that after the decree has been entered, payments or other terms of the agreement or permanent orders might not be complied with in the manner contemplated. Sometimes, support or property distribution payments may not be made in the amounts required or under the timelines detailed. Other provisions regarding parenting responsibilities may also be subject to improper compliance. Under these circumstances, a client may need to utilize post-decree enforcement measures to enforce the provisions of the decree.

§ 23.6.1—Enforcement of Support and Property Distribution Payments

Options for enforcement of support payments (both maintenance and child support), as well as property distribution payments, include income assignment, contempt proceedings, judgment remedies, liens, and judgments for specific acts.

Generally, the parties to the original action will be the parties involved in the post-decree enforcement actions of maintenance, child support, and property distribution payments. In child support actions, a party may be the parent involved in the original proceeding or, in some cases, may be the emancipated child. Under certain circumstances, the state may also be a party to a post-decree support action. The state has the additional remedy of filing an action for reimbursement of funds that have been paid to support any dependent child. In property distribution enforcement actions, the obligor's estate may be a party to such action. Trustees or custodians of assets of the obligor may also be involved in post-decree property distribution actions.

Jurisdiction for post-decree enforcement actions depends on whether the initial order was entered by a Colorado court or a foreign jurisdiction. In cases where a Colorado court originally entered the orders, the Colorado court will continue to have enforcement jurisdiction, even if the obligor has moved from the state. In cases where a foreign court issued the initial order, special procedures govern registration of the order in Colorado for the purpose of enforcement. C.R.S. § 14-5-602. A registered support order issued in another state or foreign country is enforceable in the same manner as an order issued by a Colorado court. C.R.S. § 14-5-603(b). However, a support order issued by a foreign country may be enforced by a Colorado court only if the foreign tribunal's exercise of personal jurisdiction over the obligor comports with the personal jurisdiction requirements of U.S. law. In re Marriage of Lohman, 2015 COA 134.

Income Assignment

An income assignment from income that is due to the obligor or that will be due in the future from the obligor's employer, employers, or successor employers or other payor of funds can be a very effective tool to ensure support payments. Income assignments are provided for under C.R.S. § 14-14-111.5 in order to provide consistency and standardization of the process for collecting child support and maintenance. For support orders entered subsequent to July 1, 1996, income assignments are automatic and immediate for obligations for child support; maintenance; child support when combined with maintenance; retroactive support; medical support; child support arrears; or child support debt, temporary or permanent. However, in order to activate the immediate and automatic income assignment, the obligee or his or her representative must serve a notice to withhold income for support upon the employer, trustee, or other payor of funds by first-class mail or by electronic service, if such employer, trustee, or other payor of funds mutually agrees with the state child support enforcement agency to receive such income assignments electronically. This notice to withhold income must include a certified copy of the support order and specific information detailed in C.R.S. § 14-14-111.5(4).

Parties may be exempt from immediate activation of income assignments if one of the parties demonstrates that there is good cause not to require immediate activation of an income assignment or there is a written agreement between the parties that provides for support to be paid in an alternate manner. These reasons for exemption must be provided to the court or Colorado Child Support Services in accordance with the guidelines in C.R.S. § 14-14-111.5. C.R.S. § 14-14-111.5(3)(a)(II).

A notice of income assignment for support shall have priority over any garnishment, attachment, or lien. C.R.S. § 14-14-111.5(6). If an obligor has more than one support obligation subject to income assignment, C.R.S. § 14-14-111.5(6)(b) details how the income assignments shall be prioritized and the income divided. Once activated, an income assignment is a continuing assignment that remains in effect and is binding upon any employer, trustee, or other payor of funds upon whom it has been served until further notice from the obligee, the obligee's representative, the delegate child support enforcement unit (i.e., Child Support Services), or the court. C.R.S. § 14-14-111.5(5). An obligor cannot unilaterally elect...