When there is a child support order in Colorado, the supporting parent is expected to pay it in full and on time. However, there are instances in which there is a failure to pay child support. When all other avenues in attempting to collect on the payments, the state will take certain steps to get what is owed from the supporting parent so the custodial parent and the child will have their financial needs met. One way that the state goes about getting these payments is through income assignment. Understanding income assignment is important for both the custodial parent and the supporting parent.
It is not uncommon for supporting parents to fail to make their payments. With an income assignments - also known as a "wage assignment" - the income of the supporting parent will be taken directly from his or her paycheck. The supporting parent's employer will receive a notice that there should be a certain amount withheld from the paycheck. The payment will then be sent to the Family Support Registry.
There are benefits with an income assignment that are not featured in a simple wage garnishment. The garnishment can be in effect for 90 days. Income assignments can go for the entire duration of the child support obligation and does not need to be renewed. In addition, the income assignment is not limited to a paycheck. Other sources of income can be taken to make the payments. That includes unemployment insurance payments, workers' compensation, capital gains and more. For many, the income assignment is done as soon as there is a child support order.
Supporting parents who are paying via income assignment might change jobs. If that happens, the child support enforcement unit must be told immediately so there can be a transfer of the income assignment. When there is a modification of the child support payments, this too must be sent to the employer so there is not an improper amount taken from the wages.
When there is a child support dispute or a problem with the payments, the income assignment is a strategy for the custodial parent to get what the supporting parent owes. This can also be useful for the supporting payment as there is no need to make the payments every month. Regardless of the circumstances, with any issue related to child support, a legal professional experienced in all areas of Colorado family law can help.
Source: childsupport.state.co.us, "A Parent's Guide to Child Support -- Enforcing a Child Support Order -- the Income Assignment, pages 15-16," accessed on April 3, 2018