Colorado § 14-14-110 Contempt of court

Colorado Statutes

§ 14-14-110 — Contempt of court

Colorado·Title 14 Domestic·Art. Child Support Enforcement

(1)Evidence of noncompliance with an order for child support, or maintenance when combined with child support, in the form of an affidavit from the clerk of the court or in the form of a copy of the record of payments certified by the clerk of the court or in the form of a copy of the record of payment maintained by the family support registry is prima facie evidence of contempt of court.

(2)In determining whether or not the obligor is in contempt of court, the court may consider that the required payment has been made prior to the hearing to determine contempt or that owing to physical incapacity or other good cause the obligor was unable to furnish the support, care, and maintenance required by the order for the period of noncompliance alleged in the motion.

(3)If, after pe

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(1) Evidence of noncompliance with an order
for child support, or maintenance when combined with child support, in the form of
an affidavit from the clerk of the court or in the form of a copy of the record of
payments certified by the clerk of the court or in the form of a copy of the record of
payment maintained by the family support registry is prima facie evidence of
contempt of court.

(2) In determining whether or not the obligor is in contempt of court, the
court may consider that the required payment has been made prior to the hearing to
determine contempt or that owing to physical incapacity or other good cause the
obligor was unable to furnish the support, care, and maintenance required by the
order for the period of noncompliance alleged in the motion.

(3) If, after personal service of the citation and a copy of the motion and
affidavit, the obligor fails to appear at the time so designated, the court may issue a
warrant for the obligor's arrest. Upon issuance of the warrant, the court shall direct
by endorsement thereon the amount of the bond required.

(4) Pursuant to subsection (3) of this section, where the obligor has been
released upon deposit of cash, stocks, or bonds, or upon surety bond secured by
property, if the obligor fails to appear in accordance with the primary condition of
the bond, the court shall declare a forfeiture. Notice of the order of forfeiture shall
be mailed immediately by the court to the obligor and sureties, if any, at the last-known address. If the obligor does not appear and surrender to the court having
jurisdiction within thirty days after the date of the forfeiture, or within that period
satisfy the court that appearance and surrender by the obligor is impossible and
without the obligor's fault, the court shall enter judgment against the obligor and
the sureties, if any, for the amount of the bail and costs of the court proceedings.

(5) Any moneys collected or paid upon any such execution or in any case
upon said bond shall be turned over to the clerk of the court in which the bond is
given to be applied to the child support obligation, including where the obligation is
assigned to the department of human services pursuant to section 26-2-111 (3),
C.R.S.

Colorado § 14-14-110 (Contempt of court) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 86: Entire section added, p. 730, � 1, effective May 1. L. 93: Entire section amended, p. 1561, � 11, effective September 1. L. 94: (1) amended, p. 1540, � 10, effective May 31; (5) amended, p. 2647, � 112, effective July 1. L. 97: (4) amended, p. 562, � 8, effective July 1; (5) amended, p. 1241, � 40, effective July 1.