Colorado Child Support Wage Assignment & Collection

Summary:  Both parents benefit from a child support wage assignment. Make sure that you use the state Support Registry so that an accurate accounting is kept. There are several methods of enforcement collection if payments are not made, including loss of licenses. A QDRO can also be used to collect child support arrears from retirement plan accounts.

A. Wage Assignments and the Support Registry

Unless both parents agree otherwise, all child support must be deducted directly from the obligor's pay checks by the employer. The employer mails the check for the child support to the state support registry.

All payments, whether paid directly by the obligor's employer or paid directly by the obligor, should be made payable to the obligee but mailed to the Colorado State Support Registry. The Support Registry logs in the payment and mails it to the obligee. The function of the Registry is to provide an official record of the payment. This official record is then used by the court to enter a Judgment for arrears, if the obligor falls behind in the payments.

B. Enforcement of Child Support Obligations

The law keeps changing to enable better enforcement for collection of child support. If child support is not paid, in many cases the families become dependent on social services (tax/welfare). The developmental needs of children are not met.

The methods of enforcement include:

1. Wage assignments;

2. Tax refunds;

3. Loss of drivers license;

4. Loss of professional licenses, such as accountants, engineers, doctors, and attorneys;

5. Sale of property (cars, homes, etc.), including levy on bank accounts;

6. Jail time;

7. Collection by county officials (Child Support Enforcement); and

8. Use of a QDRO on retirement accounts.

Any child support arrears (also maintenance/alimony) is an automatic judgment. There is no defense to the nonpayment of past-due amounts.

Remember that in Colorado a QDRO can be used to collect child support. See Chapter 38.