Back Child Support Felony in Colorado

Question: How Much Back Child Support Is A Felony In Colorado?

Understanding the legal ramifications of unpaid child support in Colorado is crucial, not only to avoid facing severe penalties but also to ensure the well-being of children who depend on these payments. The following comprehensive guide will explore the thresholds at which back child support becomes a felony in Colorado, providing an in-depth understanding of the legal framework, potential consequences, and pathways for resolution.

Legal Threshold for Felony Child Support in Colorado

In Colorado, not paying child support as mandated by the court is taken seriously, and chronic non-payment can lead to criminal charges, including felony charges. Generally, a misdemeanor charge can be elevated to a felony if the unpaid amount and circumstances meet specific criteria. According to Colorado Revised Statutes (CRS) 18-5-201(1), failure to provide court-ordered child support might result in misdemeanor or felony charges based on the duration and amount overdue:

1. Misdemeanor: This typically applies if the non-payment period is less than six months or the amount owed is relatively small.
2. Felony: This charge may be pursued if the non-payment is willful and continues beyond a six-month period, or if the amount owed is substantial, often exceeding $10,000.

This distinction underscores the importance of the obligor’s intent and the amount owed, pushing cases with higher degrees of delinquency into the felony category.

Colorado Child Support Enforcement Framework

Steps Taken by the Enforcement Agency

The Colorado Child Support Services (CSS) plays a pivotal role in ensuring compliance with child support orders. Before escalating to felony charges, several measures are typically pursued:

• Notification and Demand: The obligor is notified of the delinquency and provided with a demand for payment.
• License Suspension: This includes the suspension of driver’s and recreational licenses.
• Credit Reporting: Delinquencies may be reported to credit agencies, impacting the obligor’s credit score.
• Seizure of Assets: This could involve garnishing wages or seizing tax returns and lottery winnings.
• Passport Denial: Non-custodial parents owing more than $2,500 may be denied a U.S. passport.

These steps aim to rectify the payment deficiencies without immediately resorting to criminal charges, focusing first on voluntary compliance.

Legal Proceedings and Outcomes

Should these measures fail, the state may proceed with legal actions:

• Contempt of Court: Failure to comply with a child support order could result in a contempt of court charge, carrying its own penalties, including fines and jail time.
• Criminal Prosecution: For significant arrears, felony charges can be initiated, leading to severe consequences such as longer-term imprisonment.

The implications of criminal charges are profound, not only affecting personal freedom but also impacting professional and social standing.

Impacts and Consequences of a Felony Charge

Penalties for Felony Non-Support

A felony charge for non-support in Colorado carries multiple potential penalties:

• Imprisonment: Convictions can lead to imprisonment for up to 12 months or more, depending on the severity and context.
• Fines: Substantial fines may be levied, compounding the financial burden.
• Probation: The court might impose probation with strict conditions, aiming to encourage compliance.
• Community Service: Offenders may be ordered to engage in community service as a corrective measure.

Long-Term Consequences

Beyond immediate penalties, felony convictions can have long-lasting effects:

• Employment Challenges: A felony on one’s record can severely limit employment opportunities.
• Housing Difficulties: Many landlords conduct background checks, and a felony may restrict housing options.
• Access to Credit: Felony convictions can severely damage creditworthiness, impacting borrowing capacities.

The societal stigma associated with felony charges further complicates reintegration into various aspects of community life.

Pathways to Resolution

Recognizing the dire consequences of a felony charge, exploring proactive measures is essential:

Legal Options for Reducing Arrears

1. Modification of Support Order: If circumstances have changed—such as a loss of employment or significant health issues—seeking a modification from the court can provide relief.
2. Payment Plans: Negotiating a payment plan with the CSS can help in gradually reducing arrears while avoiding punitive measures.
3. Settlement Negotiations: Engaging with legal counsel to negotiate a settlement with the custodial parent can sometimes result in a partial reduction of arrears.

Preventive Measures

• Timely Response: Respond promptly to all notices and summonses related to child support.
• Legal Counsel: Consult with an attorney specializing in family law to explore options and navigate complex legal proceedings.
• Compliance and Communication: Maintaining open communication with the CSS and making partial payments, even if full amounts are unaffordable, can demonstrate good faith.

Support Resources

• Legal Aid: Colorado offers legal aid services to individuals who cannot afford private counsel, assisting them in navigating child support disputes.
• Educational Programs: The CSS provides resources to educate non-custodial parents on their responsibilities and available support mechanisms.

Frequently Asked Questions

What Should I Do if I Can’t Make Payments?

Immediate action is crucial. Reach out to the CSS and request a review of your circumstances. Documentation of financial hardships, such as unemployment or medical issues, can substantiate a request for modification.

Can the Custodial Parent Cancel the Debt?

While custodial parents cannot unilaterally modify court-ordered support, they can agree to reduce or forgive portions of arrears, especially if mutually beneficial arrangements are possible.

What Happens if I Move to Another State?

Child support orders remain enforceable across state lines due to the Uniform Interstate Family Support Act (UIFSA), which governs multistate support issues. Avoid moving as a tactic to evade support obligations, as enforcement measures will follow.

Conclusion

In Colorado, accumulating significant arrears in child support payments can lead to felony charges, entailing severe penalties and long-lasting repercussions. By understanding the legal framework, proactive steps can be taken to manage and potentially resolve arrears. For anyone facing difficulties, seeking legal counsel and actively engaging with the CSS are critical steps in addressing these challenges equitably and legally. By doing so, not only is personal hardship minimized, but the well-being of dependent children is also safeguarded.