My Ex Isn’t Paying Child Support. What Should I Do?

Just because you have a Court order for child support doesn’t mean that the money will automatically hit your bank account. If you have a child support order, but aren’t getting paid, here are some options.

Interest on Child Support

Interest on child support accrues at two percent higher than the statutory rate. As of the writing of this blog in August 2024, the statutory rate is 8%, making the child support interest rate 10%. That amount is compounded annually.

For example, let’s assume that Adam owes $500 per month in child support. In 2023, he paid child support in January, but paid nothing the rest of the year, leaving a balance owed of $6,000. In January 2024, Amy gets a judgment for $6,000. Adam makes no payments on the judgment in 2024. In January 2025, Amy adds $600 of interest. Adam makes a payment of $200 in July 2024. In January 2025, Amy adds $640 in interest, which is 10% of the balance. ($6,000 + $600 - $200 = $6,400).

Child Support Services

The Colorado Division of Child Support Services will work to enforce the order. They can use the following means of making sure that your child support gets paid:

1.     Wage garnishment: The money can be taken directly from the non-paying parent's paycheck.

2.     Intercepting tax refunds: The state can take the non-paying parent's state and federal tax refunds.

3.     Revoking licenses: The state can suspend the non-paying parent's driver's license, professional license, or recreational licenses.

4.     Contempt of court: The non-paying parent can be found in contempt of court, which can result in fines or even jail time.

5.     Credit reporting: Child Support Services is required to report all past-due child support to Equifax, Experian, and Transunion.

Private Attorney

You can also hire a private attorney to enforce child support. An attorney cannot intercept tax refunds, revoke licenses, or report to a credit agency. However, they can use the following methods to make sure you get paid:

1.      Wage garnishment: Unless there is good cause or the parties agree they don’t need one, the Court is required to activate an income assignment when a child support order is established. If this was not done in your order, an attorney can file paperwork with the Court requesting that your child support be deducted from the other parent’s wages.

2.     Verified Entry of Support Judgment: The parent who should be receiving child support can get a judgment. This can then be levied against bank accounts or property that the other parent owns.

3.     Contempt of court: Unless the parent paying child support has a lot of money in a bank account, contempt is difficult to prove for child support arrearages.

Do you have questions about enforcing a child support order? Katelyn is here to help!