Court orders in family law cases establish critical guidelines for child custody, visitation, spousal support, and property division. Unfortunately, not every party abides by these legally binding decisions. If your ex refuses to comply with a court order in Colorado Springs, you have legal options to enforce it. Understanding these options can help protect your rights and ensure your ex fulfills their obligations.
Understanding Court Orders in Colorado Family Law
Court orders in family law cases cover a range of issues, including:
- Child Custody and Visitation – Orders outlining parenting time, decision-making authority, and holiday schedules.
- Child Support – Payments ordered to support a child’s financial needs.
- Spousal Support (Alimony) – Financial support awarded to one spouse after divorce.
- Property Division – Court-mandated asset distribution, including debts and marital property.
- Restraining and Protection Orders – Orders protecting individuals from harassment or harm.
These orders are legally enforceable, meaning failure to comply can have significant consequences.
Steps to Take if Your Ex Won’t Comply with a Court Order
1. Document the Violations
Before taking legal action, keep detailed records of all instances where your ex violates the court order. This can include:
- Missed child support or alimony payments.
- Denied parenting time or refusal to follow the custody schedule.
- Unauthorized property use or failure to transfer assets.
- Violations of restraining or protection orders.
Maintain copies of messages, emails, and other relevant evidence to support your claims.
2. Communicate with Your Ex (If Possible)
Sometimes, a simple conversation can resolve the issue. If communication is safe and feasible, you can address the problem directly and encourage compliance. Keep all discussions professional and document your attempts.
3. Request Court-Ordered Mediation
Mediation can sometimes provide a solution without escalating the matter to litigation. A neutral third-party mediator can help resolve custody, support, or property division disputes. Colorado courts often encourage mediation before further enforcement actions.
4. File a Motion for Contempt
If your ex disregards the court order, you can file a Motion for Contempt in a Colorado family court. This legal action notifies the court that your ex is violating the order and requests enforcement. A contempt hearing allows you to present evidence, and if the court finds your ex in contempt, they may face penalties, including:
- Fines or wage garnishment.
- Make-up parenting time.
- Suspension of a driver’s license or professional license.
- Possible jail time for severe violations.
5. Request Wage Garnishment for Unpaid Support
If your ex refuses to pay child support or spousal maintenance, you can request a wage garnishment order through the Colorado Child Support Enforcement Program. This requires their employer to deduct payments directly from their paycheck.
Other methods of enforcement include:
- Seizing tax refunds to cover unpaid child support.
- Bank levies to collect overdue payments.
- Liens on property to secure outstanding amounts.
6. Seek Modification of the Court Order
If your ex claims they cannot comply due to financial hardship or life changes, a court order modification may be necessary. This process requires proving a substantial change in circumstances, such as job loss or relocation. However, until an order is officially modified, your ex must comply with the existing terms.
7. Involve Law Enforcement for Protection Order Violations
If your ex violates a restraining or protection order, report the incident to local law enforcement immediately. Violating a protective order is a criminal offense in Colorado and may result in arrest, criminal charges, and additional penalties.
Consequences for Noncompliance with Family Court Orders
Ignoring a family court order can lead to serious legal repercussions, including:
- Civil Contempt of Court – Courts may impose fines, wage garnishment, or additional penalties for continued noncompliance.
- Criminal Contempt—If the violations are severe, your ex could face criminal charges, fines, or jail time.
- Loss of Custody or Visitation Rights – Courts may modify custody arrangements in response to repeated violations.
Enforcing court orders ensures that your legal rights and your children’s well-being are protected. If your ex refuses to comply, legal action can help you secure the support, time, and protection you deserve.
Contact a Colorado Springs Family Lawyer
If your ex is refusing to follow a court order, Baker Law Group can help. Our Colorado Springs family law attorneys have extensive experience enforcing child custody, support, and alimony orders. We will work with you to explore legal options, file necessary motions, and advocate for your rights in court.
Call us today for a consultation and take the first step toward enforcing your court order.
