Colorado treats back child support as a felony when the amount owed reaches a specific threshold
In Colorado, owing back child support becomes a felony charge when you owe more than $10,000 or have failed to pay for more than 12 months. The charge is typically filed as failure to pay child support, classified as a felony under Colorado Revised Statutes § 18-8-302. This is separate from the civil debt you owe — it is a criminal matter that can result in jail time, fines, and a permanent criminal record.
The $10,000 threshold and 12-month timeline are both independent triggers. You can be charged if either condition is met. For example, you could face felony charges after 13 months of non-payment even if the total amount is only $5,000, or you could be charged immediately if you owe $12,000 but missed payments for only six months.
Colorado also has a separate misdemeanor charge for smaller amounts or shorter periods of non-payment. A misdemeanor charge applies when you owe between $500 and $10,000, or have failed to pay for between three and 12 months. Misdemeanor convictions carry up to 12 months in jail and fines up to $1,000.
Key Takeaways
- Colorado charges failure to pay child support as a felony when arrears exceed $10,000 or non-payment lasts longer than 12 months, either condition alone is enough.
- Felony charges carry potential prison time of one to three years, depending on the amount owed and your payment history.
- The charge is criminal, not just a debt collection matter, and results in a permanent criminal record if convicted.
- Arrears continue to grow with interest and penalties, so the amount owed can climb quickly if you do not make payments or contact the court.
- Contacting the court to request a modification or payment plan before charges are filed can sometimes prevent criminal prosecution.
How Colorado calculates the amount owed and when prosecution begins
The amount that triggers felony charges includes not just the monthly support obligation you missed, but also interest and penalties. Colorado adds interest at 10 percent per year to unpaid child support. Some counties also add collection fees and court costs, which can push the total higher faster.
The District Attorney's office in your county decides whether to file charges. They typically do not file automatically — they usually wait for a referral from the Department of Human Services, Division of Child Support Enforcement, or from the other parent's attorney. However, once the threshold is crossed, prosecution becomes more likely. Some counties are more aggressive than others, so timing and local practice matter.
If you are behind on payments, the child support enforcement office will send notices before criminal charges are filed. These notices give you a chance to respond, request a hearing, or propose a payment plan. Ignoring these notices does not stop the process — it typically speeds it up.
Felony penalties and what a conviction means
A felony conviction for failure to pay child support in Colorado carries a sentence of one to three years in prison, depending on the amount owed and whether you have prior convictions for the same offense. The court also imposes fines, typically between $1,000 and $5,000, though the exact amount varies by case.
Beyond prison and fines, a felony conviction creates lasting consequences. You will have a permanent criminal record that shows up on background checks. This affects employment, housing, professional licensing, and your ability to own firearms. Some employers will not hire someone with a felony conviction, and some landlords will not rent to you.
The conviction does not erase the child support debt itself. Even after serving time, you still owe the full amount of back support, plus any additional arrears that accumulated while you were incarcerated. The court can order wage garnishment, tax refund intercepts, and other collection methods to recover the debt.
What happens if you cannot pay the full amount
If you owe back child support but cannot pay it all at once, you have options that do not involve criminal charges. The most direct route is to request a modification hearing with the court. At this hearing, you can present evidence of your current income, expenses, and ability to pay. The judge can lower your monthly obligation going forward, though this does not erase what you already owe.
You can also propose a payment plan to the child support enforcement office or directly to the other parent's attorney. A written agreement to pay arrears over time, even if it takes years, shows the court that you are making a good-faith effort. This does not may provide the DA will not file charges, but it makes prosecution less likely and gives you a defense if charges are filed.
If you are unemployed or underemployed, document this. Bring recent pay stubs, tax returns, or a letter from your employer showing your current income. The court cannot order you to pay more than you can actually earn. If your circumstances have genuinely changed since the original support order was set, a modification is the legal way to address it.
How to respond if you are charged or contacted by child support enforcement
If you receive a notice from the child support enforcement office, do not ignore it. The notice will tell you what you owe, how much interest has accrued, and what you need to do next. It will usually give you a deadline to respond — typically 10 to 20 days. Missing this deadline makes the case move faster toward prosecution.
Contact the child support enforcement office listed on the notice and ask for a hearing. At the hearing, you can explain your situation, propose a payment plan, or request a modification. Bring documentation: recent pay stubs, proof of unemployment, medical bills, or other evidence of why you fell behind. The hearing officer will consider this before deciding whether to recommend prosecution.
If you have already been charged criminally, contact a criminal defense attorney immediately. Do not represent yourself in a felony case. An attorney can negotiate with the prosecutor, argue for a reduced charge or sentence, or challenge the evidence. Some prosecutors will agree to drop charges if you enter into a payment plan and stay current on it.
Interstate cases and enforcement across state lines
If you moved out of Colorado or the other parent moved, child support enforcement still applies. Colorado participates in the Uniform Interstate Family Support Act (UIFSA), which means Colorado courts can enforce orders against you even if you live in another state. Conversely, if you owe support in another state, Colorado can enforce that order against you if you live here now.
Interstate cases move more slowly because they involve coordination between state agencies. However, the felony thresholds remain the same — $10,000 or 12 months of non-payment. If you owe support in multiple states, the amounts can add up quickly. Contact the child support enforcement office in the state where the order was issued to understand your full obligation.
Frequently Asked Questions
Can I go to jail for owing back child support in Colorado?
Yes. If you owe more than $10,000 or have not paid for more than 12 months, the District Attorney can file felony charges. A conviction carries one to three years in prison. Even smaller amounts can result in misdemeanor charges and up to 12 months in jail.
Does paying some of the back support stop criminal charges?
Partial payment shows good faith and can reduce the likelihood of prosecution, but it does not automatically stop charges if they have already been filed. If charges have not been filed yet, a consistent payment plan may prevent them. Once charges are filed, an attorney can use your payment history to negotiate with the prosecutor.
What if I lost my job and could not pay?
Job loss is a valid reason to request a modification of your child support order. Contact the court and ask for a hearing to lower your monthly obligation based on your current income. Document your unemployment with letters from employers or unemployment benefits paperwork. This does not erase past arrears, but it prevents future charges from accumulating as quickly.
Will a felony conviction for child support affect my professional license?
It depends on your profession. Many professional licensing boards consider felony convictions when deciding whether to issue or renew a license. Teachers, nurses, social workers, and other licensed professions may face discipline or loss of licensure. Check with your state licensing board to understand how a conviction would affect your specific profession.
Can child support arrears be forgiven or discharged in bankruptcy?
No. Child support debt cannot be discharged in bankruptcy, even Chapter 7. It is considered a domestic support obligation and remains your legal responsibility regardless of bankruptcy. However, bankruptcy can eliminate other debts, which may free up money to pay child support.