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You'll file your motion at the clerk's office of the district court for the county where your child lives. You'll also attend a hearing, where a judge will decide whether you've proven that the other parent is in remedial and/or punitive contempt.
You can be found in contempt of court in Colorado if you fail to pay child support. If the court convicts you, you will be required to pay a fine or serve up to 180 days in jail.
What is your state's statute of limitations for the collection of past-due support? 20 years. Any unpaid child support is considered a judgment by operation of law. If the arrears are reduced to judgment by the court, the 20 year statute of limitations begins from the date the judgment was entered.
The lien is effective for 12 years if the past due amounts are not paid. However, the lien can be extended by filing a continuation every 12 years as necessary.
If your child support order was issued in Colorado, emancipation occurs and child support ends when the child reaches 19 years of age in most cases. However, if the child is still in high school or an equivalent program, support continues until the end of the month after graduation but not beyond the age of 21.
Legal penalties for not paying child support can be quite severe, including fines, contempt of court, and incarceration. In Colorado, a delinquent parent can be charged with a misdemeanor offense and face significant jail time for failure to pay child support.
Although child support payments are owed to the custodial parent, the child is the beneficiary of these payments. Child support itself cannot be waived or modified except by agreement of the parties in writing and approval by the court.
Colorado courts do not allow parents to waive child support obligations, even if they both agree payment from one parent to the other based on their unique circumstances makes this their preference.
In general, courts do not order retroactive child support. Since it isn't granted automatically, a custodial parent must explicitly request it. Courts always have the prerogative when it comes to making child support decisions, so they may choose to accept or deny a request in the matter of retroactive support.
A: The standard child support percentage is 20% of the parents' combined gross income. An additional 10% is added for each additional child. If there are extenuating circumstances, the court may call for a higher or lower percentage to reflect your situation.