What Qualifies as a Deadbeat Dad in Colorado?
A "deadbeat dad" in Colorado refers to any parent who refuses or fails to support their child. Many factors may lead to another parent becoming a "deadbeat dad" or "deadbeat mom," including not having the resources to keep up with child support payments, and these parents are still expected to pay for child support even if there is a change of circumstances that damages their financial state.
When a parent misses 90 consecutive days of child support payments, they can be taken to court and become eligible for wage garnishment under Colorado law. Under Colorado’s Department of Child Support Services (CSSD), some parents are not likely to pay off their child support debt . However, they can be forced into paying their child support through mediation and the parent’s share of any tax refunds. If the CSSD is unable to collect child support from a "deadbeat dad," then some parents might face arrest. A "deadbeat dad" may not go to jail for missing their child support payments. But the courts will still alert the State Collection Services Office (SCSO) of their missed payments. And the SCSO can then report the "deadbeat dad" to the Credit Bureau. As a final notice, priority employers should make an effort to not employ "deadbeat dads" and "deadbeat moms."
Consequences for Colorado Deadbeat Dads
While there are no criminal penalties for failing to pay child support on a first-time basis, Colorado courts may enforce all outstanding child support obligations, including interest and fines. If you remain delinquent in your payments or if your situation has become habitual, the state could pursue felony charges against you. Under Colorado law, a second or subsequent offense is a class 6 felony. Anyone convicted of a class 6 felony is required to serve at least one year in state prison and is subject to a maximum sentence of up to 18 months.
Colorado laws also state that deadbeat dads (sometimes called "deadbeat parents") cannot possess firearms. Additionally, if you have lost your employment as a result of not paying child support, you may not be able to get your guns back — although Colorado law does allow a district court to restore an individual’s right to possess firearms after their rights have been limited under the laws governing those who fail to pay child support.
Colorado Child Support Enforcement
Enforcement of child support in Colorado is a multi-step process that often begins with outright legal garnishment by the receiver’s attorney.
Much like payroll taxes, legal garnishment of non-custodial wages is an extremely effective method of ensuring proper and timely payment by the non-custodial parent. Failure to comply with garnishment can bring about severe legal consequences in the form of wage attachments and contempt proceedings.
At the Federal level, the Federal Office of Child Support Enforcement (OCSE) is partly responsible for collection and enforcement of child support obligations. Crucially, OCSE can intercept tax refunds in order to fulfill a child support obligation.
The state of Colorado also has methods of enforcement at its disposal through the Division of Child Support Services. The income withholding order, or "IWO," is a document issued by the OCSE that requires employers to withhold a specific amount of income from an employee’s paycheck. It is also known as an "earnings assignment order." Colorado Revised Statute (C.R.S.) 14-14-106(9)(a). States can opt-in to the OCSE income withholding program in accordance with 45 C.F.R. 302.70. Colorado is such a State. According to the Division of Child Support Services, in approximately 75% of child support cases, the custodial parent receives their payment through income withholding. An IWO is a mandatory provision in all new orders for parentage (paternity) and child support in Colorado of non-payment.
The state has other means of enforcement at its disposal, including temporary suspension of delinquent non-custodial parents’ driver’s licenses, bank account garnishments, and providing notice of a tax intercept to the non-custodial parent. C.R.S. §14-10-122(9). As a consequence, many delinquent payers can find themselves out of a job owing money to their former spouse while facing the loss of their license to work.
What to Do If Child Support Is Not Paid
Under Colorado law, the custodial parent must file a complaint with the state’s Department of Human Services (DHS) within 30 days after a payment’s due date in order to initiate any Child Support Services (CSS). These services include location of non-custodial parents’ address and place of employment, service of income assignment orders, and collection of all child support payments. The only exception to the 30-day rule is if the custodial parent has been to court in the previous 24 months and asked the court to enforce the terms of the child support order in question, in which case CSS can be initiated no matter how long it’s been since the last court hearing . During an active child support case, when a payment or payments are overdue, CSS may begin any of the following types of enforcement action: If the non-custodial parent has skipped out on support payments completely, a district attorney’s office or private attorney may file a criminal charge for any past due support (and/or medical support) with the local district attorney. On a case-by-case basis, these agencies may agree to accept small, controllable payments over a set period of time; otherwise, jail is not uncommon. A contested motion requiring a hearing usually must show that a non-custodial, non-compliant parent has the ability but willfully refuses to pay child support or medical support, or that the parent has a certain amount of assets that could be used for support. Alternatively, the motion may show that the non-custodial parent failed to comply with an existing wage assignment order.
Colorado Resources for Single Parents
Fortunately, there are a number of public and private organizations dedicated to providing legal and financial assistance to single parents in Colorado. Many of these are nonprofit organizations that rely on donations. Donating to these organizations can mean a great deal to the families they assist.
Legal Aid Foundations – These groups have statewide coverage. Legal Aid of Colorado is a solid resource for those who cannot afford an attorney. The Colorado Legal Services also provides cheap legal advice. Their "advice attorneys" in some offices will help you draft pleadings and can provide guidance for legal proceedings.
Single Parents’ Support Groups – Single and divorced parents face many of the same challenges. Some nonprofit organizations offer monthly or weekly support groups to allow these parents to share their experiences and gain advice.
9News (Ch. 10, NBC) Fund for Single Parents – This nonprofit organization provides financial aid to disadvantaged single parents in Colorado.
Colorado’s Revised Child Support Laws
In 2016, Colorado lawmakers enacted several bills that, among other things, addressed financial issues related to child support. Specifically, new legislation set forth statutory guidelines for the imposition of liens for unpaid debts, such as child support or alimony. These new provisions, in addition to other remedies previously made available by law, are intended to help custodial parents obtain past due amounts when spouses file Chapter 7 of the Bankruptcy Code.
The new statutes that were implemented are incorporated into the Uniform Wage Garnishment Act and can assist with collecting arrears when the person who owes the arrears is employed. If an employer does not comply with the provisions of the statute , they may incur punitive measures, which could be enforced by a contempt order from a family court. Another recent change to Colorado child support laws requires that court rules be established so that parents can easily access information about child support payments. The intent of this and other bills is to provide custodial parents with better information about their ability to collect due amounts and the tracking of those amounts.