What Are the Consequences of Non-Payment of Child Support?
In Colorado, child support isn’t considered optional. It’s a legally binding obligation, and failure to meet this responsibility can lead to a wide range of penalties. When you need a dependable family law attorney to help you understand the legal consequences, our firm is here to assist you.
These consequences go far beyond simple missed payments and can affect many aspects of a person’s life, from finances to freedom of movement. Understanding the possible outcomes of not paying child support is crucial for any parent under a court order to contribute financially to the upbringing of their child.
Child support orders are established through the court system and are meant to support the child’s needs, including housing, food, clothing, education, and medical care. When one parent doesn’t meet these obligations, the law provides several tools to enforce payment. These enforcement measures are meant to uphold the child’s right to financial support.
Legal Consequences
When child support goes unpaid in Colorado, the court may intervene in several ways. One common method is to hold the parent in contempt of court. This means that the parent is being penalized for willfully ignoring a court order.
A finding of contempt can result in fines, community service, or even jail time, depending on the severity of the case. In situations where the unpaid support accumulates to a significant amount over an extended period, criminal charges may be filed.
The parent could face misdemeanor or felony charges, depending on how much they owe and how long the payments have been neglected. These cases are usually reserved for individuals who have shown a persistent pattern of non-payment without attempting to resolve the matter.
A family law attorney is often involved in bringing these enforcement cases to court, representing either the custodial parent or advising the parent who is behind on payments. These legal professionals help present relevant evidence, argue for or against contempt charges, and assist with resolving payment disputes.
Financial Impact
Non-payment can have serious financial consequences that extend beyond the unpaid child support itself. One of the first actions typically taken by the state is wage garnishment.
This means that a portion of the non-paying parent’s paycheck is automatically deducted and sent to the custodial parent to cover child support. In Colorado, up to 65% of disposable income can be garnished in some cases.
Another method of enforcement is tax refund interception. Both state and federal tax refunds may be seized to cover unpaid child support. This often comes as a surprise to the parent who is expecting a refund, only to find that it has been redirected.
Liens may also be placed on property, including homes, vehicles, or other personal assets. These liens must be satisfied before the property can be sold or refinanced, which can make it difficult for the parent to access their own financial resources or make important life changes.
Because these measures can disrupt nearly every part of someone’s financial life, individuals who fall behind often turn to a family law attorney to help assess their options or seek a payment modification.
License Suspensions
A lesser-known but equally impactful consequence of failing to pay child support in Colorado is the suspension of various licenses. If a parent falls more than 30 days behind, their driver’s license can be suspended. This makes it more difficult to get to work, attend court hearings, or manage daily responsibilities.
Suspension isn’t limited to driver’s licenses. Professional licenses can also be revoked. This includes licenses for jobs in fields such as healthcare, construction, real estate, and education. For individuals who rely on these credentials to earn a living, losing the ability to work can quickly worsen their financial situation.
Colorado also permits the suspension of recreational licenses. If someone enjoys activities such as hunting or fishing and holds a license for those purposes, that privilege may be taken away as a result of unpaid support. While this may not directly impact income, it serves as another form of pressure to encourage compliance.
In many cases, a family law attorney can work with licensing boards or courts to request a temporary stay of suspension while the parent takes steps to get back on track with payments.
Damage to Credit
Another serious consequence of not paying child support is the impact on credit. Child support debt is reported to credit bureaus, and missed payments can quickly lower a parent’s credit score. This, in turn, affects the ability to secure loans, credit cards, or housing.
A poor credit report can follow a person for years, making it harder to recover financially even after the support payments are brought up to date. The long-term effect on financial stability can be significant, especially if other financial obligations are already a burden.
Many people who find themselves in this situation seek help from a family law attorney to explore whether a modification of the original support order is possible. If the parents’ financial situation has changed due to job loss, illness, or another hardship, the court may be open to reviewing and adjusting the required payment amount.
Travel Restrictions
Federal law also plays a role in enforcing child support, particularly when it comes to international or even domestic travel. If a parent owes $2,500 or more in child support, they may be denied a new passport or have their current one revoked, according to the U.S. Department of State. This can restrict the ability to travel for work, family, or personal reasons.
The denial or revocation of a passport can become especially problematic for individuals whose work requires international travel. Business trips, educational opportunities, or family visits abroad may suddenly become impossible.
These restrictions add another layer of difficulty for the non-paying parent, and resolving the situation typically involves working with a family law attorney to arrange a payment plan or negotiate terms with the court.
Social and Emotional Consequences
While most discussions around child support focus on legal and financial issues, there are also emotional and social effects that can result from non-payment. Failing to contribute financially can strain the parent-child relationship, especially as the child grows older and becomes aware of the situation.
Children may feel abandoned or undervalued, leading to long-term emotional consequences. At the same time, the custodial parent may experience additional stress from taking on the entire financial burden, which can affect their health, well-being, and relationship with the child.
The non-paying parent may also face judgment or alienation from friends, extended family, or their community. These social consequences can lead to a sense of isolation and frustration, making it more difficult to address the issue in a productive way.
In these emotionally charged situations, a family law attorney may be able to act as a mediator, helping both parents reach an agreement that serves the best interest of the child.
Steps to Take If You’re Unable to Pay
Not every case of non-payment is due to neglect or lack of concern. Sometimes, parents genuinely cannot meet their obligations because of unforeseen changes in circumstances. If this is the case, there are steps that can be taken to address the issue before consequences escalate.
Contact the Colorado Child Support Services Division as soon as possible
Submit a formal request for a review or modification of your child support order
Consult with a family law attorney to evaluate your case and represent your interests
Keep accurate records of your financial situation, including income, debts, and expenses
Set up a payment plan if possible, even if you can’t pay the full amount
Appear at all scheduled court hearings and respond promptly to legal notices
Seek financial counseling or assistance programs to stabilize your situation
Taking these steps can help demonstrate good faith and may prevent the most severe penalties. A family law attorney can play an essential role in helping you handle this process effectively and present your case in court if needed.
Connect With Our Law Firm Today
Non-payment of child support in Colorado brings with it a series of escalating consequences that touch every part of a person’s life.
With over 100 years of combined experience, our firm can help clients in Denver, Colorado, as well as those in Adams County, Arapahoe County, Jefferson County, and Douglas County. Connect with Attorneys at Law Timlin & Rye, P.C. today to learn more.