Fill and Sign the Filing Enforcement Form

INSTRUCTIONS FOR FILING MOTIONS REGARDING THE ENFORCEMENT OF ORDERS THESE STANDARD INSTRUCTIONS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL ADVICE ABOUT YOUR CASE. IF YOU CHOOSE TO REPRESENT YOURSELF, YOU ARE BOUND BY THE SAME RULES AND PROCEDURES AS AN ATTORNEY. If reviewing the instructions online, please view the relevant statutes, § 14-14-101, et.seq. By accessing the statute, you will be leaving the Colorado Judicial Branch’s website at www.courts.state.co.us GENERAL INFORMATION BEFORE YOU FILE YOUR MOTION You already have obtained a Court order for Maintenance and/or Child Support and want to use various options to ensure that it is paid or to collect support payments that have not been made. IF YOU DO NOT UNDERSTAND THIS INFORMATION, PLEASE CONTACT AN ATTORNEY, YOUR LOCAL DELEGATE CHILD SUPPORT UNIT OR THE FAMILY COURT FACILITATOR AT YOUR LOCAL COURTHOUSE. FEES Fees that you may encounter are as follows:  Transcript of Judgment $15.00  Supplemental Filing Fee $30.00 per Judgment Creditor and/or Respondent  Service Fees Varies (not payable through or to the Court)  Certified Copy of Documents $10.75 per page (.75 per page, $10.00 for Certification) FORMS You will need various Income Assignment Forms based on the time period for which Child Support was ordered. Please look over instructions JDF 1801 I to determine the specific forms you will need to complete.  JDF 1801 I Instructions for Completing an Income Assignment PDF WORD  JDF 1813 Verified Entry of Support Judgment PDF WORD  JDF 1814 Motion and Order for Clerk of Court to Transfer PDF WORD Title Pursuant to C.R.C.P. 70  JDF 1815 Order for Clerk of Court to Transfer Title Pursuant to PDF WORD C.R.C.P. 70  JDF 1816 Verified Motion and Affidavit for Citation for Contempt of Court PDF WORD  JDF 1817 Order to Issue Citation and Citation to Show Cause PDF WORD OPTION 1: FAMILY SUPPORT REGISTRY If you have an order for child support, maintenance, or child support combined with maintenance , and the Court has ordered that the payments be processed through the Family Support Registry (FSR), the obligor must write the FSR number on the check and mail it to: Family Support Registry, P.O. Box 2171, Denver, CO 80201- 2171. OPTION 2: INCOME ASSIGNMENT Complete the necessary forms per the instructions (JDF 1801 I). OPTION 3: VERIFIED ENTRY OF SUPPORT JUDGMENT JDF 1800 I R7/03 INSTRUCTIONS FOR FILING MOTIONS REGARDING Page 1 of 3 THE ENFORCEMENT OF ORDERS This option is available if support has been ordered and not paid. Below are steps to file your papers.  Step 1: Verified Entry of Support Judgment (JDF 1813). This form requires you to tell the Court, under oath, what the payments are, what payments have not been made, and what is now owed. You are also entitled to interest of 12% per annum compounded monthly on child support, and 8% per annum on maintenance. Interest continues to accrue until the debt is satisfied.  Fill in the all of the blanks on this form  This form must be signed and witnessed in the presence of a Court Clerk or Notary.  Attach current payment records to this form as supporting document.  Step 2: File the Verified Entry of Support Judgment and any supporting documentation with the Court.  Step 3: Mail the other party a copy of this form. The party may object that no money is owed, or that the money is already paid. If the party objects, the Court will hold a hearing. The party who is wrong may have to pay the other party’s fees and costs.  Step 4: Once the judgment is entered, you should obtain a transcript of the judgment and record it with the County Clerk and Recorder in any county in which the Obligor resides, or in which you think the party may own property. Once your judgment is recorded, the Obligor’s property will have a lien against it in the amount of your judgment, and cannot be sold without the buyer taking over that obligation. OPTION 4: MOTION FOR CLERK TO TRANSFER TITLE TO PROPERTY This option is available when the following occurred:  The Court ordered you to have the right to ownership of certain property, such as real estate, car, etc.  The Court ordered the other party to take a specific legal action, such as signing a document.  The other party refuses to sign documents giving you legal title to property that you were awarded in your Court Order.  The other party refuses to do an act required by Court Order. You must have a signed order of Court that describes both your clear right to the property, or to the performance of the required act and describes the property or act itself. The other party must have been given the time and opportunity to sign over the property, or do the act. Below are steps to filing your Motion and Order.  Step 1: Complete all sections on the two forms below.  Motion For Clerk of Court to Transfer Title Pursuant to C.R.C.P. 70 (JDF 1814)  Order for Clerk of Court to Transfer Title Pursuant to C.R.C.P. 70 (JDF 1815)  Step 2: File the original motion and original proposed order with the Court and provide the Court with a self-addressed stamped envelope to receive the Approved Order.  Step 3: Send a copy of the motion (JDF 1814) and Proposed Order (JDF 1815) to the other party.  If there is no response from the other party, the Court may issue the order automatically. If there is a response, the Court may set a hearing, or ask you to set a hearing.  Step 4: When you get an Order, the Clerk of the Court may execute the title, or other legal document. The document signed by the clerk is as valid as if the other party signed it. The Court may also issue a contempt citation against the other party. OPTION 5: CONTEMPT This option is available when the other party fails to comply with an Order. It is important that before you cite the other party for contempt that you are sure that a violation has occurred with respect to the most current order. The Court will review the Verified Motion and Affidavit of Citation for Contempt against the most recent Order or Decree to determine if a violation has occurred. Below are steps to filing your documents.  Step 1: Verified Motion and Affidavit for Citation for Contempt of Court (JDF 1816).  Complete all sections of this form.  This form must be signed in the presence of a Court Clerk or Notary.  Step 2: Order to Issue Citation and Citation to Show Cause (JDF 1817). Fill in the caption only, as the Court will complete the appropriate sections. JDF 1800 I R7/03 INSTRUCTIONS FOR FILING MOTIONS REGARDING Page 2 of 3 THE ENFORCEMENT OF ORDERS  Step 3: You are ready to file the Verified Motion and Affidavit of Citation for Contempt of Court and Order to Issue Citation and Citation to Show Cause with the Court.  If you are filing the citation due to the other party failing to pay child support or maintenance, a supplemental filing fee of $30.00 is required. The fee is not required if the other party failed to comply with parenting time, etc.  Along with the original Motion and the Order, you MUST submit the following:  Self-addressed stamped envelope for the Court to mail the Order to Issue Citation and Citation to Show Cause back to you to complete personal service.  Step 4: When the motion is filed, the following may occur:  The Court will review the documents filed and a clerk will contact you to set a date for the hearing or will send you the completed Order to Issue Citation and Citation to Show Cause with a Court date/time identified. Both parties need to be present at the hearing. You and/or the other party may have an attorney appear with you.  You must personally serve the other party with a copy of the Motion and Affidavit for Citation for Contempt of Court and Order to Issue Citation and Citation to Show Cause. The party must be personally served at least 20 days prior to the hearing date.  You must have a private process server or the Sheriff’s Department, in the county where the other party lives or works serve the other party. Provide the person completing service with an extra copy of the Order to Issue Citation and Citation to Show Cause (JDF 1817) to complete the Return of Service on the bottom portion of the form.  Once service is complete, the process server or Sheriff should complete the Return of Service on the Citation (JDF 1817) stating how and when the party was served and return to you. If you cannot file the Return of Service with the Court prior to the hearing, then bring to Court on the date of your hearing.  Step 5: Hearing  Be prepared for your hearing.  You and the Respondent will return to Court to determine why compliance with the Order was not followed.  If the other party does not appear and has been properly served, the Court will take appropriate action. OTHER ENFORCEMENT PROCEDURES You may wish to collect monies owed to you through other methods. Please look over the Garnishment Instructions (JDF 82) to determine if this method will work for you. The required forms are identified in the instructions and available on the Colorado Judicial Branch’s Website www.courts.state.co.us . JDF 1800 I R7/03 INSTRUCTIONS FOR FILING MOTIONS REGARDING Page 3 of 3 THE ENFORCEMENT OF ORDERS