Legal Question in Family Law in Colorado
Child Support through Income Assignment
My husband started work for a new employer, he gave them a notice to withhold income for child support. It is to be paid to his ex-wife for support of thier son. The employer witheld the specified ammount from his paycheck and again from a subsequent check. His ex-wife is claiming she never recieved the money and is threatening to file contempt charges if she doesn't recieve the money. He has been unable to get any information from the H.R. dept. about whether the money was mailed out or not. We feel he is not responsible since it was deducted from his check allready. Are there any laws or cases that govern when support is considered paid, if it is paid via income assignment?
1 Answer from Attorneys
Re: Child Support through Income Assignment
When an employer receives a wage garnishment for one of their employees, they must follow it and send the money out or be subject to huge penalties. So more than likely your employer probably is following it, and there is a delay in the money getting to the ex-wife. If the payment is going through Family Support Registry, that will add an additional delay of time before payment gets to her.
As long as the income is being deducted from your husband's paycheck, he is complying with the Court's orders. What happens after the income is withheld is beyond the control of your husband and isn't anything he could be held in contempt for.
Hope this helps!
Christine C. Nierenz, Esq.
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