Legal Question in Family Law in Colorado
Child support judgement
In 1991 my mother got a judgement against my father for over $40,000 in back child support. My parents were divorced when I was 5 years old and I am now 24. My father was supposed to pay my mother $400.00 per month until I (the youngest of 4 children) turned 18. My father has never paid one dime of support to any of us, and my mother was never able to serve the judgement because of financial trouble. My question is: Can I still serve the judgement from '91, or can I get a new judgement made. Also, if can can serve a judgement, what kind of legal services do I need to obtain?
1 Answer from Attorneys
Re: Child support judgement
I believe what you are trying to accomplish, perhaps, is to enforce the judgment your mother already has against your father. In Colorado, judgments are "alive" and can be enforced for 20 years from the date the judgment entered. In order to keep your judgment alive, every 20 years you will have to "revive" the judgment so that it can be enforced. In addition, if your father owns any real property in the state of Colorado you can record the judgment (transcript of judgment) in the County in which the property is located so that it becomes a lien upon that property. This is an example of one of the enforcement remedies at your disposal. I cannot provide you with every enforcement remedy at this time because it is beyond the scope of this email however, it sounds as though your mother has some recourse here. Should you wish to discuss this situation in more detail I would be happy to meet with you. Please contact me in order to schedule a consultation. Thank you.
Elissa Bercovitz
The Harris Law Firm, P.C.
1125 17th Street
Denver, Colorado 80202
(303) 299-9484