Family Law Blog

Colorado Casinos Play Important Role in Collection of Delinquent Child Support Payments

By Denver Divorce Lawyer on October 10, 2011

According to the Standard-Examiner, some states, including Colorado, have been targeting deadbeat parents with outstanding child support payments at casinos. Although casinos in Colorado fought the legislation for years, it was finally implemented.

The Gambling Payment Intercept Act has been in effect since July 1, 2008. The measure requires that casinos check an online database of people who have outstanding Colorado child support payments before awarding cash winnings that require an IRS form. If the winner is included in the database, the casino must withhold the outstanding balance of the child support payment and turn it over to the state’s Department of Human Services, which will then apply the amount toward the delinquency. Any amount over the delinquent amount may be awarded to the winner.

Although many states have not been able to pass similar legislation due to strong casino lobbies and/or skeptical child support collection agencies, it has been proven an effective means of collecting child support from parents delinquent in their payments in Colorado. Since the law took effect, Colorado has intercepted winnings 810 times, totaling $1.25 million. The first collection was made on the law’s first day, and more than $500,000 were collected in the first year. One Colorado man, in fact, has had his casino jackpots intercepted on 11 different occasions, resulting in over $15,000 being sent to his children.

Going through a divorce is difficult, especially when there are children involved, but each parent has a responsibility to provide support for the care of their children. If you and your former spouse are seeking resolution to a child support dispute or just have concerns about Colorado child support in general, contact the experienced child support attorneys in Denver at Kaplan Law, LLC, today at (303) 458-5500 for a consultation.

Failure to Pay Child Support in Colorado, Part III

By Denver Divorce Lawyer on November 16, 2010

For the past two weeks we have discussed the consequences of not paying child support in Colorado. This post marks the conclusion of our series, but please refer back to our blog for information on other important Colorado family law topics.

Federal law allows the Colorado Child Support Enforcement (CSE) to intercept federal tax refunds if a person owes past due child support. The CSE is allowed to do this regardless of whether child support payments are being made. The CSE also has the power, also given by federal law, to intercept state income tax refunds if a person is delinquent on their child support payments. This can also be done regardless of whether child support payments are currently being paid.

The CSE can also intercept payments from a person owing past due child support to vendors or to federal retirees and contractors. Any reimbursements, travel or otherwise, made to federal employees are also eligible for the CSE to intercept.

If a person owing back child support in Colorado wins the lottery or any other cash prizes, the CSE may intercept those winnings. Colorado law also permits the CSE to intercept casino gambling winnings as well as race track winnings from a person owing past due child support.

Through the “Grant Colorado Pay Back,” Colorado law permits the CSE to offset any claims a person has for property.

In severe situations, if necessary, the CSE can issue a Notice of Lien and Levy. This allows them to freeze, and then size, the financial accounts of a parent who owes child support.

If you are paying child support and find payment difficult, it may be possible to have a low-income adjustment made. For more information about child support payments in Colorado, contact the lawyers at Kaplan Law, LLC. Our Denver child support attorneys can be contacted today at 1-877-527-5260.

Failure to Pay Child Support in Colorado, Part II

By Denver Divorce Lawyer on November 11, 2010

In the last blog post, we touched on how past due child support payments can affect a person’s professional and occupational licensing as well as possibly lead to driving privileges being revoked. It may come as a surprise to some that there are additional consequences for not paying child support in Colorado.

According to the Colorado Department of Human Services (CDHS), the Colorado Child Support Enforcement (CSE) has the power to distribute an income assignment for both current as well as past due child support. This assignment is given to the employer of the parent who is delinquent in payment to subtract the necessary amount from the parent’s wages. If you’re wondering how the CSE is able to discover whether a person has a job, they are able to monitor wage data from the Department of Labor and Employment (CDLE) or from “New Hire” reports that are mandatory for employers to submit to the state of Colorado.

If a person receives Unemployment Compensation Benefits (UCB) through the CDLE and owes past due child support, they are subject to having their obligations for child support deducted from their weekly benefit amount. Colorado law allows the CDLE to withhold payments for child support in order to fulfill a person’s obligations for child support.

Additionally, the CSE can attach workers’ compensation benefits from parents who owe back child support. To meet a child support obligation, weekly or lump sum benefit payouts may be attached.

Further, the CSE has the ability to impact your recreational life as well. They are authorized to deny or suspend fishing and hunting licenses of persons who owe back child support. If a person wishes to regain their recreational license, they are must meet the CSE’s requirements and the requirements of the Division of Wildlife in order to regain the privilege to fish and hunt.

The CSE may also deny a passport for a person who owes past due child support.

As you can see, the state of Colorado takes paying child support very seriously. While the economy has had a negative effect on many peoples’ lifestyles, not paying for a child’s care is not an option. For more information about paying child support in Colorado, contact the Denver child support attorneys at Kaplan Law, LLC. Our lawyers will give you more information about past due child support. Call us today at 1-877-527-5260.

Failure to Pay Child Support in Colorado, Part I

By Denver Divorce Lawyer on November 9, 2010

A recent warrant sweep in October by a county sheriff’s department in Illinois arrested 48 parents who were delinquent on child support payments, according to The Chicago Sun-Times. Collectively they owed more than $465,000 in past due payments.

Officers went door-to-door to find parents who had outstanding warrants because they failed to make child support payments. The highest amount owed by one parent was a man in Chicago who owed $41,448.55. Of the 48 parents that were arrested, 18 of them owed more than $10,000 in past due child support.

Sherrif Tom Dart said in a press release that, “Many of these cases involve a single parent struggling to make ends meet and provide a decent life for their children. The men, and women, we arrested are failing in one of the most important aspects of life – taking care of your own child.”

But Chicago is over 1,000 miles away from Denver. What happens if you fail to pay child support in Colorado?

According to the Colorado Department of Human Services (CDHS), if a full child support payment is not received, the Colorado Child Support Enforcement (CSE) has the authority to suspend a person’s driver’s license. Once a person’s license is suspended, a person must receive a Notice of Compliance from the CSE and meet all requirements of the Colorado Department of Motor Vehicles (DMV) in order for the privilege of driving to be reinstated.

The CSE is also authorized to suspend a person’s professional and/or occupational license if they are past due on child support payments. If this occurs, they must also receive a Notice of Compliance from the CSE as well as meet the requirements of their particular licensure board at the Department of Regulatory Agencies (DORA) to regain their professional and/or occupational license.

These are only a few of the many consequences of not paying child support. Please visit our blog next week for Part 2 and to learn more about child support payments in Colorado. For more information about paying child support and past due child support in Colorado, contact the Denver child support attorneys at Kaplan Law, LLC. Call us today at 1-877-527-5260.

Past Due Child Support Will Follow Parents Forever

By Denver Divorce Lawyer on October 8, 2010

When two parents decide to divorce, child support payments are almost always a part of divorce proceedings. These payments are calculated according to a variety of circumstances, including how many children are involved and how much money the parent responsible for making the payment makes. However, parents sometimes falter in their payments, and the Child Support Enforcement Agency (CSEA) is required to seek out and obtain payment from those parents. According to a MarionStar.com article, there are a variety of techniques that can be used to accomplish this.

The most common form of payment collection involves wage garnishment, in which the CSEA may garnish up to 65% of an individual’s after tax earnings in order to make amends for missed payments. If the agency does not know where an individual works, they may attempt other methods of collection, but only after they are able to locate the parent. They may attempt to do so by contacting the Department of Motor Vehicles, threatening license suspension in the process, and hoping that the parent responds to the threat in order to prevent the suspension. Still other methods of collecting past payments including intercepting tax returns, suspending professional licenses as a means of reestablishing communications with the parent, and even seizing checking and savings accounts.

In extreme cases, threat of criminal prosecution may even be used as a means of collecting payments. However, the best approach should be one of transparency, where communication channels are open and the CSEA has no reason to make threats against you. For more information about child support payments in the state of Colorado, please contact the Denver child support attorneys at Kaplan Law, LLC. Call us today toll-free at 1-877-527-5206.

Parents Who Owe Child Support Need Counsel, But It’s Not the Court’s Responsibility

By Denver Divorce Lawyer on September 22, 2010

There are a number of decisions that need to be made during any child custody case, with child support payments usually being chief among them. Unfortunately, while the well being of the child is of the utmost of concern to both parents, the payment arrangements do not always translate into smooth economic transactions, with many parents unable to fulfill their court mandated duties. According to The Legal Intelligencer, the Supreme Court recently overruled a decision made by Pennsylvania’s Berks County Common Pleas Court to allow the court to provide counsel to parents facing jail time for not making child support payments, a decision which means that parents who are indigent may be taken into custody for failure to make their child support payments.

According to the article, the decision had initially been made by Berks County Court after a petition filed with the court in 2009 argued that indignant parents who were not provided counsel had their due process rights under the 14th Amendment violated. The failure to provide legal counsel was also cited as a violation under Article I of the Pennsylvania Constitution. However, the Supreme Court declared that legal counsel does not need to be provided to indignant parents, particularly since these parents face jail time as a result of ignoring mandatory court appearances and are therefore aware of their rights. Counsel arguing on behalf of the petitioners made the claim that the petitioners were never informed of their right to counsel during hearings to address their indignant actions.

Despite the country’s economic downturn, child support payments are still a necessary part of the divorce process if children are involved. For more information about child support payments in Colorado, contact the experienced Denver family law attorneys at Kaplan Law, LLC today. Please call us today at 1-877-527-5206.

Determining Colorado Child Support Obligations

By Denver Divorce Lawyer on May 12, 2010

In Colorado, the amount of child support that one parent must pay another depends on a variety of factors set out under Colorado law. The level of support is determined based on the gross income of both parents, which includes investments, social security, etc. but does not include the income of a new spouse of a parent. The court also looks at the number of children and the percentage of time the children spend with each parent. In addition, if one child lives with one parent and another child or children live with the other parent, separate support obligations must be determined and weighed against each other.

The rules are fairly inflexible, and do not take into account how much a parent’s living expenses or child-related expenses actually are. However, an experienced Colorado child support lawyer knows the court will take into consideration child care expenses and medical insurance and other medical expenses in making its child support determination.

If one parent or both parents are unemployed or underemployed (taking a job at less pay than he or she could otherwise earn in order to avoid child support obligations), the court may decide to impute, or assign, to that parent extra income when making the determination. However, if a parent is in school or is a stay at home parent caring for a child under 30 months old, income may not be imputed to that parent. Child support typically continues until the child turns 19, graduates from high school, marries, or joins the military.

Child support issues in Colorado can be tricky. If you need help with a modification of child support or other child support issues, contact the experienced Denver child support attorneys at Kaplan Law, LLC. We will work hard to ensure your rights are protected and that your child support matters are successfully and efficiently resolved.

Free Paternity Tests Could Bolster Child Support Involvement

By Denver Divorce Lawyer on December 16, 2009

According to Jackson, Mississippi’s local CBS affiliate WJTV, the state’s Department of Human Services (DHS) has announced that it is offering free paternity testing. Reportedly, the state is hoping that the testing, which typically costs anywhere from $300 to $500 (not including attorney fees) will spur more biological fathers to take responsibility for providing payments to their children. Consequently, by determining that men in question are in fact fathers, the state is also hoping to benefit itself. That is, in increasing child support collections, the state will help guarantee future federal funding.

While opponents of the plan argue that the state should not be spending money for testing, the end result is intended to help secure state funding which, as pointed out by the DHS, will be used to help children in the state of Mississippi. While children are the primary focus of paternity testing, divorce, not just in Mississippi but across the country, entails a much wider spectrum of custodial issues.

Issues ranging from child support to spousal support to division of property are all matters that need to be carefully taken into consideration during any divorce case. Because such cases can be quite complicated, it is in the best interest of any person involved in a Colorado divorce case to retain the services of an experienced family law attorney.

The skilled attorneys at Kaplan Law, LLC have represented clients in a variety of divorce cases. Our divorce lawyers will work on your behalf to attain the best possible outcome in your case, and will ensure that your rights are not infringed upon in a court of law. The Colorado family law attorneys at Kaplan Law, LLC understand the complex nature of divorce cases, and are sympathetic towards the stress that can ensue as a result. If you are thinking of filing for divorce and would like helpful information, please don’t hesitate to contact us today at 1-877-527-5206.

Source:http://www2.wjtv.com/jtv/news/local/article/dhs_offering_free_paternity_tests/20038/

Amnesty Granted for a Limited Time to Pennsylvania Child Support Payers

By Denver Divorce Lawyer on November 18, 2009

Philadelphia’s KYW News Radio 1060 recently reported that parents who are behind on child support payments, and have had bench warrants filed against them for those outstanding sums, have been granted amnesty by the Pennsylvania Family Court. The amnesty will not excuse parents from fulfilling their financial obligations to their children, but will prevent them from being arrested. It is believed that the amnesty, which was only granted for a small period of time, would urge some parents, who would otherwise neglect payment altogether in order to avoid jail time, to accept their role in the child support process.

According to the article, parents who chose to accept the amnesty were essentially given a pass on the penalties associated with late payment, or no payment at all for that matter, and were granted a new court hearing to go over their payment details. Unemployed parents will even receive job training and assistance in acquiring a job, both in hope that child support payments will be kept up from here on out.
The program was summed up best by a Family Court judge, who reasoned that “the issue is making sure that the parent that owes that money is obligated to pay for the support of that child, and that Philadelphia Family Court is providing an opportunity for employment — and possibly long-term employment with benefits — in these rough economic times.”

Issues surrounding custody and child support payments can often be quite detailed, regardless of which state you live in. Tackling such paramount issues in the state of Colorado is much easier with the assistance of an experienced Colorado child support attorney who will fight to ensure that the client’s rights are upheld at all times in a court of law. If you would like more information about family law in Colorado, don’t hesitate to contact the skilled attorneys at Kaplan Law, LLC. Our divorce and child custody lawyers will work on your behalf to attain the best possible outcome in your case. Please call us today at 1-877-527-5206.

Source:http://www.kyw1060.com/pages/5661605.php

Military Personnel Protect Our Country, but Marriages May Suffer Nevertheless

By Denver Divorce Lawyer on November 4, 2009

A recent examiner.com article discusses the unfortunate tendency for spouses of military personnel to grow so tiresome of their significant other’s deployment that divorce becomes a solution to the problem. The story cites another article from the Washington post that explains how the commanding officers of soldiers that find themselves on the verge of divorce have the ultimate say over whether or not the soldier is granted an emergency leave on the grounds of correcting problems at home, including a looming divorce.

Among the many reasons often cited for divorce amongst military families is a lack of interaction that a deployed soldier has with his or her spouse. Feelings of abandonment and loneliness may slowly creep up on unsuspecting spouses when their significant other is deployed overseas or even out of state. Child custody and other issues arise in many divorce proceedings, and child custody can often be difficult for a deployed soldier to contend with. In all cases where divorce seems like a likely possibility, and especially if children are involved, an individual’s best course of action is to retain the services of a skilled Denver child custody attorney who will see to it that all decisions made in regard to divorce are as equitable as possible for both parties involved.

According to the article, many states have passed laws preventing military deployment as being cited as a significant reason for seeking a divorce. To ensure that your rights are upheld in a court of law, don’t hesitate to contact the family law attorneys at Kaplan Law, LLC. Our experienced divorce lawyers have represented a large number of clients in a variety of divorce proceedings, and are prepared to make your divorce proceedings as stress-free as possible. Our Denver family law attorneys understand how complex such situations can be, and are prepared to handle every detail of your case so that you don’t have to. Please call Kaplan Law, LLC today at 1-877-527-5206 for more information about divorce and your possible options.

Source:http://www.examiner.com/x-3145-Miami-Relationships-Examiner~y2009m9d6-Custody-battles-and-divorce-in-military-families