Security - Child Support Enforcement in Colorado

Requiring a security to ensure Child Support

Maintenance such as child support is taken very seriously by the court. As proof of this, there is an entire article in the Colorado Revised Statutes called "Nonsupport" which lays down the penalties for a person who wilfully neglects to carry out his or her financial obligations in this regard. Title 14, Article 6, section 101 makes it class 5 felony for which physical incapacity is an affirmative defense. Given this, a Colorado Springs Divorce attorney is the best way for you to defend against such a charge.

However despite this, in many cases, the court will feel that providing a security as payment for alimony makes a great deal of sense. The reasons can be many. Perhaps the Non Custodial Parent (NCP) doesn't have a regular income or receives commissions where the income cannot be withheld by a third party. If the NCP has a history of making irregular payments or changes his or her address frequently, this can be grounds for the court to require a security as well. In many cases, if the person travels a lot on the road, the court may feel that a guarantee for payment is wise.

However, the flip side is that the security demanded must be reasonable both in terms of quantity as well as duration. In fact, the Colorado Supreme court at one time stated that since the penalty for nonsupport is so severe, there are limits on a court's power to demand a security.

Limitations on Security

Section 118 of the Dissolution of Marriage Act specifies certain securities as not being valid and certain circumstances where it's unreasonable. For example, if an order is issued preventing the NCP from leaving the jurisdiction of the court, it does not qualify as a secuirity. Such an order is called a ne exeat writ.

On the other hand in cases where the NCP has threatened to dispose of a property, the court can impose a lien on it in order to enforce an agreement.

Hiring a Colorado Springs Divorce Attorney

Due to the large number of complications arising from requiring a security, it's best to engage a competent attorney. Without one, you will most likely to be at a terrible disadvantage since it's almost certain that the other party will have one of their own. Our Clawson & Clawon attorneys will make sure that you get a fair deal and are not taken undue advantage of in court.