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past due child support (Family Law)

Tue, 28 Oct 2008 01:57:00 GMT
Tags: child, colorado, coloradobrthere, due, family, law, limitations, married, owed, state, statute

What is the name of your state (only U.S. law)? Colorado
There is no statute of limitations on child support owed in Colorado. I was married in Colorado in 1966 and divorced in Colorado in 1970. Child support in the amount of $80 per month was ordered by the Denver District Court for our daughter born in 1969. Support was ordered to be paid through the court registry.
My ex paid approximately $1840 out of a total (17 years) $16,320, not sure if it was paid through the court registry.
CRS states regarding Colorado Statutes of Limitation and domestic and foreign judgments "If for child support, maintenance or arrears the judgment (lien) stays in effect for the life (of) the judgement without the necessity of renewal every six years.
I also found this (regarding Colorado law):
25-503 - Order for support; methods of payment; modification; termination; statute of limitations; judgment on arrearages
J . "If the obligee, the department or their agents make efforts to collect a child support debt more than ten years after the emancipation of the youngest child subject to the order, the obligor may assert as a defense, and has the burden to prove that the obligee or the department unreasonably delayed in attempting to collect the child support debt. On a finding of unreasonably delay, a tribunal . . . may determine that some or all of the child support debt is no longer collectible after the date of the finding.
K. "Notwithstanding any other law, any judgment for support and for associated costs and attorney fees is exempt from renewal and is enforceable until paid in full
and
L. . . . "the party entitled to receive support or spousal maintenance or the department or its agent may file with the clerk of the superior court a request for judgment of arrearages and an affidavit indicating the name of the party obligated to pay support and the amount of arrearages".
I just found out where my ex is living, and that he and his current wife just purchased a house and 9 acres for $500,000 thanks to the Internet. Any and all past attempts I made to find out an address for him were thwarted by his family. I have never had the financial resources to hire a private investigator to find him. I have actually been afraid to pursue collecting this money owed because of threats of physical harm he made directly to me and discussions he and his family had about killing me back in 1970-1972 (his next wife called me from the hospital where she ended up after he picked her up and threw her thus breaking her collar bone and dislocating her shoulder told me about the discussions). Oh yeah, in 1966, he "accidently" fired an "unloaded" pistol in my direction and put a bullet through the wall about four inches to the right of my head. Finally, I had no idea until recently about Colorado's child support laws. It's amazing what a person can find out on the Internet!
So, here are my questions:
I, personally, never filed a judgment for the child support not paid nor for the interest
allowed, did the Denver District Court automatically file a judgment?
Does it seem like I " unreasonably delayed in attempting to collect the child support debt"?
Does anyone have a feel for my chances of collecting this long-past-due child support plus interest or some sort of settlement?
I'm fairly good pro se so I would more than likely try to do this myself.
stmichael
sorry this is so long, I am succinct-challenged

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  • Comments
  • Sat, 01 Nov 2008 23:39:00 GMT(1)
  • can't even type . . .croipes
    cyjeff
    can you be ever so kind as to impart the wisdom you withheld because I was a poopy head and snarkibutt to Silverplum. I admitted that I was such a jerk for my disrespectful and totally unwarranted remarks.
    thanks either way.
  • Sat, 01 Nov 2008 23:36:00 GMT(2)

  • Quote:

    Originally Posted by cyjeff

    Nah...
    You gotta really go after them and {deleted because OP is a poopy head}.
    That might actually allow you {This too.}
    Boy... you gotta watch that snarkiness thing... it comes back to haunt ya...

    Dear cyjeff: You're right, what can I say? I was a total poopy head and a snarkibutt. I apologized to Silverplum profusely. SP, being the gracious, understanding person they are, chose to impart some profound wisdom on my unworthy self.
    Your post quoted above stated something about {
  • Tue, 28 Oct 2008 14:19:00 GMT(3)
  • Be careful of... {deleted}
    One major defense of his could be... {deleted my research}
    Deleted because OP -- in a different thread, with no provocation -- told me to shut up. So there you go.
  • Tue, 28 Oct 2008 11:33:00 GMT(4)
  • Waiting 38 years to try to enforce is going to make it very difficult to enforce the order now. If you do want to try, you really shouldn't do this pro-se, an attorney will be needed since your ex will almost undoubtedly fight you.
  • Tue, 28 Oct 2008 14:12:00 GMT(5)
  • Gracie 3787
    You're right, I've been under no delusions this would be a piece of cake. He's known every minute of the last 38 years that he has owed the child support, so I don't think he's just going to roll over and hand it to me now.
    Since Colorado has no statute of limitations on child support, and when the interest owed is calculated (in Colo it would be 12% compounded monthly from 1986 to the present) the total figure is ludicrous.
    I can go ahead with minimal cost and aggrevation and according to Colorado Law file a request for written judgment for support arrearages. Colo Law states that each child support payment vests as each installment falls due and that each vested child support installment is enforceable as a final judgment by operation of law and that I can file with the clerk of the superior court a request for judgment of arrearages.
    I figure nothing ventured nothing gained, especially when there is a $500,000 piece of property in his name on the books. I would think I could file a lien.
    I just keep in mind Item "K" about "any judgment for support and for . . . is exempt from renewal andis enforceable until paid in full." That's why I was asking if the past due child support automatically became a judgment as an action of the court without me asking for one.
    Another possibility would be to just turn the whole thing over to one of those agencies (not the state) whose area of practice is collecting child support.
    stmichael
  • Tue, 28 Oct 2008 14:50:00 GMT(6)
  • Silverplum
    Boston Fire Department
    stmichael
  • Tue, 28 Oct 2008 15:50:00 GMT(7)
  • Nah...
    You gotta really go after them and {deleted because OP is a poopy head}.
    That might actually allow you {This too.}
    Boy... you gotta watch that snarkiness thing... it comes back to haunt ya...
  • Tue, 28 Oct 2008 14:18:00 GMT(8)
  • 21 years would pretty much meet the definition of an "unreasonable delay"
  • Mon, 03 Nov 2008 02:54:00 GMT(9)

  • Quote:

    Originally Posted by cyjeff

    Nah...
    You gotta really go after them and {deleted because OP is a poopy head}.
    That might actually allow you {This too.}
    Boy... you gotta watch that snarkiness thing... it comes back to haunt ya...

    cyjeff,
    I know, I know, I really gotta watch that snarkiness thing. I apologized profusely to SilverPlum.
    So, If you would be so kind, "you gotta really go after them and" what? and also "That might actually allow you" what?
    thanks ever so much
    stmichael 524 5
  • Tue, 28 Oct 2008 15:20:00 GMT(10)

  • Quote:

    Originally Posted by Silverplum

    One major defense of his could be... {deleted my research}

    After 38 years of non enforcement, don't forget the ever so popular defense of {keeping my mouth shut because the OP is disrespectful}
    And that defense works... and is completely appropriate in this case.
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