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Judicial Actions

Child Support Services (CSS) has the authority to issue a judgment for any amount of child support that becomes past due. Judgments are for specific time periods and dollar amounts.

Legal Authority:
Section 14-10-122, C.R.S.

Liens - Real And Personal Property
CSS has the authority to execute a lien on personal property, real property or the motor vehicle of the person obligated to pay support. The lien must be satisfied by being paid in full to release the lien on the property.

Legal Authority:
Section 13-52-104, C.R.S.
Section 13-54-102, C.R.S.
Section 14-14-122, C.R.S.

CSS has the authority to file with the Court to find the person obligated to pay support in contempt of court for willfully failing or refusing to do so as ordered by the Court. This person may be fined and/or jailed for a period of time, which is at the discretion of the Court.

Legal Authority:
Section 14-14-110, C.R.S.

Rule 69
CSS has the authority to attach assets using Rule 69 when the obligated party does not have a verifiable source of income or real property against which to place a lien and has past due child support. This person is served with a subpoena that requires them to appear at a court hearing.

Legal Authority:
Rule 69, Colorado Rules of Civil Procedure.

Garnishment - 2 Types of Garnishments
CSS has the authority to seize the income of a person ordered to pay child support to satisfy past due obligations by requesting the Court to issue a continuing Writ of Garnishment. Up to 65% of this person's disposable earnings may be taken depending upon the family situation and age of past due support.

CSS has the authority to use a one-time garnishment by requesting the Court to issue a Writ of Garnishment with Notice of Exemption and Pending Levy. This is executed on non-income, personal property such as bank accounts for the payment of past due child support.

Legal Authority:
Section 13-54-104, C.R.S.
Section 13-54.5-106, C.R.S.
Section 14-14-105, C.R.S.

Federal Prosecution
Federal law authorizes prosecution at the federal level for non-payment of child support. If the party has left the state where the child resides and fails to pay child support, they can be charged with either a misdemeanor or felony depending on the amount past due and the time since a payment was made. The US Attorney General's Office is responsible for these prosecutions at the request of the Colorado CSS Office.

Legal Authority:
18 U.S.C. Section 228.