question on income assignments and unemployment insurance

[toribella]

What is the name of your state (only U.S. law)? COLORADO

My ex has always in the past had an income assignment. In April this year he was laid off from his long time job. He received severance for 6 months and is not collecting unemployment insurance. I have checked on the Unemployment office's website and it appears that I can have and income assignment made to have child support deducted from his unemployment insurance benefits. He refuses to pay child support now, and refuses to get a job. I have tried to work with him but he's just not budging and it's causing a lot of problems in our relationship.

What I understand about a wage assignment for child support is that it will continue on to any future employers or sources of income. How do I go about sending the income assignment to unemployment? Is there anything I need to file with the court now that it will be a new source? Is there a hearing that needs to happen before sending the income assignment to unemployment or do I just need to file it with the court.

Thank you, I hope that someone will be able to help clarify things for me. I appreciate your assistance in advance.

 

[Ohiogal]

What is the name of your state (only U.S. law)? COLORADO

My ex has always in the past had an income assignment. In April this year he was laid off from his long time job. He received severance for 6 months and is not collecting unemployment insurance. I have checked on the Unemployment office's website and it appears that I can have and income assignment made to have child support deducted from his unemployment insurance benefits. He refuses to pay child support now, and refuses to get a job. I have tried to work with him but he's just not budging and it's causing a lot of problems in our relationship.

What I understand about a wage assignment for child support is that it will continue on to any future employers or sources of income. How do I go about sending the income assignment to unemployment? Is there anything I need to file with the court now that it will be a new source? Is there a hearing that needs to happen before sending the income assignment to unemployment or do I just need to file it with the court.

Thank you, I hope that someone will be able to help clarify things for me. I appreciate your assistance in advance.

You do not get to send anything. Child Support Enforcement can send a copy of the order to attempt to have it withheld. However, many times unemployment does not withhold garnishments -- your ex can choose not to have it withheld. Arrears will build however.

 

[toribella]

Well we don't have a child support enforcement case, and in the past the order has been modified ,I have sent the wage assignments to his employer. And I don't believe that with an income assignment ordered through the court the obligee gets to decide if it will be withheld or not.

"Unemployment Compensation Benefits
People who owe child support and receive Unemployment Compensation Benefits (UCB) through Colorado's Department of Labor and Employment (CDLE) are subject to having their child support obligations deducted from their weekly benefit amount. Colorado law mandates CDLE to withhold child support payments to fulfill child support obligations."

Legal Authority:
Section 8-73-102, C.R.S.
Section 14-14-111.5, C.R.S.

I've already researched this, I know it can be done. My main question was on the court side. Do I need to just file the income assignment (since there already was a previous order for one) with the court to withhold from a new source? And is there a hearing involved or is it just something that needs to be filed with the court. In the past new wage assignments have always gone to the same employer as he's worked for the same company for almost 11 years so I don't know how it works when the source of income changes. I haven't been able to find anything regarding that procedure on the self help website for the County we are in, or anywhere else on the web.

And btw, arrears are already building, that doesn't help me or my child any right now.

 

[Proserpina]

You would need a new order to withhold for any new or changed source of income - it isn't automatic.

Frankly your best bet is to actually get CSE involved - they have far more resources available; you may find you yourself cannot demand garnishment/withholding from his unemployment benefits. There is a difference between withholding from earned income, and withholding from unemployment.

(I believe OG may be correct)