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Contempt & Enforcement
Fort Collin Contempt & Enforcement Attorney
Call (970) 293-8371 to Let Levi A. Brooks, Attorney at Law Uphold Your Court Order
When a judge makes a ruling on one or more family law matters (e.g. child custody, child support, property division, alimony, etc.), all parties involved are bound to uphold each court order. Unfortunately, one party may disregard the court’s orders. That is why Colorado law gives judges the authority to enforce their rulings through “contempt” or “enforcement”—no matter how uncooperative a party might be.
If your ex-spouse or the other parent of your children fails to comply with a court order, my firm—Levi A. Brooks, Attorney at Law—is committed to ensuring your court order is properly enforced. As a Fort Collins lawyer with 15 years of legal experience, I provide each client with effective and personalized legal solutions to help them obtain the outcome and justice they desire.
Contempt of court is a quasi-criminal proceeding that occurs when a person disregards a court order or judgment. When it comes to family law issues, common examples of contempt include a parent failing to pay monthly child support, a parent withholding visitation, a former spouse not paying spousal support, or a former spouse not adhering to a judge’s orders for property division.
There are two types of contempt in Colorado: remedial contempt and punitive contempt. The former is designed to force an uncooperative party to comply with the order through the threat of punishment, while the latter means punishing the noncomplying party for the past violation.
In remedial contempt cases, one party must prove that the other violated the court’s order by a “preponderance of the evidence,” which means that the other party “more than likely” committed the violation. If the court determines the noncomplying party has the ability to fulfill the order, a deadline and remedy will be determined. Failure to meet the deadline will result in punishment, such as jail time.
Common types of enforcement remedies include:
Wage garnishment
Property liens
Suspension of professional and/or driver’s licenses
Interception of tax refunds, unemployment benefits, state lottery winnings, gambling winnings, or other forms of income
Forcing a party to sell real or personal property
Contempt of Court
By contrast, punitive contempt is criminal in nature and requires one party to prove “beyond a reasonable doubt” that the other party violated a court order. The other party also has the right to remain silent, the right to an attorney, and the presumption of innocence.
Child Support Services Enforcement
In cases involving delinquent child support payments, the Colorado Child Support Services (CSS) Program provides enforcement mechanisms for parents. A child support order may be enforced without formal court proceedings through administrative action with Colorado’s CSS Program. The enforcement remedies that are available through this program are similar to the judicial enforcement remedies discussed above.
CSS Enforcement remedies include:
Negative credit reporting
Driver’s and recreational license suspensions
Seizure of financial assets
Interception or garnishment of income
Schedule a Free Consultation Today
Whether you wish to hold another party in contempt or are on the receiving end of a contempt action, I can guide you through the complexities of the legal process while protecting your rights and best interests. In addition, I can help you modify your current court orders to ensure compliance in the future. Contact Levi A. Brooks, Attorney at Law, P.C. online to schedule your free consultation today.
For more information about my legal services, call (970) 293-8371 today.
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