By: Jessica A. Bryant
As seasoned family law attorneys, we see various intricate issues which arise in Denver area divorce, custody, and child support cases. This can include issues related to interstate and multi-state jurisdiction. In today’s mobile society, it is not uncommon for both parties and the child(ren) to move out of the state that entered the initial child support order before the child becomes an adult. When a party leaves the state that entered the initial child support order, and moves to Colorado, several questions arise, most importantly: can Colorado enforce my child support order, can Colorado modify my child support order and, if Colorado enforces and/or modifies my child support order, which state’s law applies?
Pursuant to Colorado Revised Statutes, Title 14, Article 5, Colorado can enforce a child support order entered in another state. One way such can occur is if an income-withholding order is sent to a Colorado employer. In that case, provided the technical requirements of an income-withholding process are followed, the Colorado employer must comply. The benefit of this enforcement remedy is that the child support order does not first have to be registered in Colorado before the income-withholding is pursued. A party can also register the child support order in Colorado for enforcement. As registration for enforcement requires the filing of a Petition, with specific requirements, along with a certified copy of the child support order, it is recommended you seek the assistance of an attorney to ensure the order is properly registered. Once a foreign (out of state) child support order is entered, an wide array of remedies become available for those seeking to enforce and collect.
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