Garnishing someone.

hdl13

New Member
Jurisdiction
Colorado
I have a friend with a order of maintenance after their divorce and he is stiffing her on the payments. How would she go about enforcing the order? Thanks in advance.
David Horton
 
I have a friend with a order of maintenance after their divorce and he is stiffing her on the payments. How would she go about enforcing the order? Thanks in advance.
David Horton

Advise your pal to speak with a lawyer, because she'll have to go back to court and see if she can convince the judge to do something to encourage her former husband to pay up.

Advise her further,that domestic relations orders aren't quite like other court orders.

If one has a judgment against someone for $4,000 (as an example) one can endeavor to have the sheriff attach the debtor's junk and sell it. There are many exemptions,and typing its much easier than achieving.

Domestic relations support orders differ greatly from child support, and many people are owed lots of money they'll never collect.

Colorado spousal maintenance (alimony) agreements are often subject to modification and termination.

She might have to take legal steps to enforce her Colorado spousal maintenance agreement if her former spouse is continually late in making payments or has stopped paying her. That's when she requires an attorney.

But, spousal support can also cut two ways.

Colorado law allows either person to petition to change the maintenance order if their financial circumstances change.

Some grounds for change might be either party's remarriage, a delay in the recipient's schooling, health issues, job loss, etc...

The court is where the recipient can go to try seek enforcement of a maintenance order, when the payments have illegally stopped, been slow in coming, or for amounts less than ordered. Be prepared for delays, which is why I advise recipients of spousal payments to not rely solely on receiving the payments. Remember, there were many reasons why these two divorced.

The law regarding spousal support changed in 2013 in Colorado.

Here you go, have a good read:

http://www.leg.state.co.us/clics/cl...B93C0EBF9387257A8E0073C4E0/$FILE/1058_enr.pdf




.
 
Last edited:
Back
Top