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Family & Divorce Law

Man overpays child support and still faces months in jail

By Tolison & Williams / June 27, 2014

Non-custodial parents are generally required to pay child support to provide basic necessities for their children. Colorado parents who fail to pay child support could find themselves in jail. One man is facing months in jail after he reportedly overpaid in child support.

At one point, the man was behind in over $3,000 in payments. The company he was working for allegedly garnished his wages but failed to give the funds to the court for collection. Eventually, the man paid off the balance and also paid an additional $1,000. Unfortunately, the law changed and, since the payments were made late, he faces the possibility of spending 6 months in jail.

The man also has other allegations against him for failure to adhere to the visitation schedule and keeping the son’s mother away longer than the schedule permitted. He was charged with failure to pay child support and was held in contempt. No other information has been made available in this case.

Sometimes, the non-custodial parent may have setbacks that make it difficult or impossible to keep up with the monthly payments. A number of custodial parents count on child support to help take care of basic needs for the children. Understandably, if the non-custodial parent is outright refusing to pay, the Colorado family court system may order to have their income garnished from paychecks and income taxes. The state may even suspend their driver's license or throw parents in jail to make sure payments are collected. Parents who have overpaid and are still facing jail may wish to explore their legal options to potentially avoid time behind bars.

Source:, "Man sentenced to jail in case of overpaid child support", Mary Benton, June 23, 2014

Tags: Family Law Child Custody

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