Wage garnishment for support payments in Colorado operates through an "income assignment" under Colo. Rev. Stat. § 14-14-111.5. Every child support and maintenance order issued after 1990 includes automatic wage deduction, and employers must begin withholding within 14 days of receiving the notice. Federal limits cap garnishment between 50% and 65% of disposable income.
Key Facts: Colorado Divorce and Support Garnishment
| Item | Colorado Requirement |
|---|---|
| Divorce Filing Fee | $230 + $12 e-filing fee (as of January 2026) |
| Waiting Period | 91 days after service or co-petition filing |
| Residency Requirement | 91 days before filing (C.R.S. § 14-10-106) |
| Grounds | No-fault only: marriage "irretrievably broken" |
| Property Division Type | Equitable distribution (not community property) |
| Income Withholding Statute | C.R.S. § 14-14-111.5 |
| Employer Start Deadline | 14 calendar days from IWO date |
| Maximum Garnishment | 50% to 65% of disposable income (federal CCPA) |
Filing fees are accurate as of January 2026. Verify with your local clerk.
What Is Wage Garnishment for Support in Colorado?
Wage garnishment for support in Colorado is legally called an "income assignment," and it withholds money directly from a paying parent's or spouse's paycheck to satisfy child support or maintenance. Under C.R.S. § 14-14-111.5, an income assignment is mandatory for every support order and activates automatically. Employers must begin withholding within 14 calendar days of receiving the order.
Colorado consolidated several older collection mechanisms when the General Assembly adopted the term "income assignment" to standardize support collection. This statute replaced the former wage assignment provisions of section 14-14-107 and the immediate-deduction rules of the prior section 14-14-111. The result is a single, uniform process that applies to both child support and spousal maintenance. An income assignment is the default enforcement tool in nearly every Colorado dissolution case involving ongoing support, not a special remedy reserved for delinquent payers. The court issues the order at the same time it enters the support obligation, meaning wage garnishment in a Colorado divorce typically begins before any missed payment occurs. This proactive design reflects Colorado's policy of ensuring children and dependent spouses receive reliable, on-time support.
How Income Withholding Orders Work in Colorado
An income withholding order (IWO) in Colorado is served on the employer by first-class mail or electronic service, and the employer must start withholding no later than the first pay period occurring 14 days after the order's mailing date. The employer then remits the withheld funds within 7 business days of each pay date. Receipt of the IWO confers court jurisdiction over the employer under C.R.S. § 14-14-111.5.
The income withholding order itself is a standardized federal form, OMB 0970-0154, titled "Income Withholding for Support." In Colorado, parties complete it using JDF 1801 instructions from the Colorado Judicial Branch. The automatic wage deduction for child support process begins when the obligee, their representative, or a delegate child support enforcement unit serves the notice to withhold. For orders entered before certain dates, the obligor first receives advance notice, and the assignment may be activated 14 days after that notice is mailed. Once an income assignment is activated, it becomes a continuing obligation. The assignment remains binding on the employer until the obligee, the enforcement unit, or the court issues further notice to stop or modify it. This permanence means a paying spouse cannot simply request that withholding stop; only a court order or formal notice ends the deduction.
Colorado Income Withholding Limits Under Federal Law
The maximum that can be garnished from disposable income for support in Colorado follows the federal Consumer Credit Protection Act (CCPA) under 15 U.S.C. § 1673(b)(2): 50% if the obligor supports a second family, rising to 60% if they do not, with an extra 5% added when payments are more than 12 weeks in arrears. This produces a four-tier limit structure of 50%, 55%, 60%, and 65%.
Disposable income means earnings remaining after legally required deductions such as taxes and Social Security. These support garnishment limits are far higher than the 25% ceiling that applies to ordinary consumer debt, reflecting the priority Congress placed on support enforcement. Importantly, the protection that shields low-wage earners from consumer garnishment, which exempts the first 30 times the federal minimum wage, does not apply to support obligations. Even a worker earning less than $217.50 per week can have garnished wages for alimony or child support. Colorado follows these federal limits, and states may provide more protection than federal law but never less. The table below summarizes the four scenarios that determine the maximum income withholding for support in Colorado.
| Garnishment Limit | Obligor Circumstance |
|---|---|
| 50% | Supports a second family, less than 12 weeks behind |
| 55% | Supports a second family, more than 12 weeks behind |
| 60% | No second family, less than 12 weeks behind |
| 65% | No second family, more than 12 weeks behind |
Priority of Support Garnishment Over Other Debts
A support income withholding order takes priority over nearly every other legal process against the same wages in Colorado, with the single exception of federal tax levies that were already in effect before the IWO was received. The IWO contains a required statement confirming this priority under C.R.S. § 14-14-111.5, and child support withholding always supersedes commercial garnishments and creditor judgments.
This priority rule matters when a paying spouse faces multiple wage attachments at once. If an employee owes a credit card judgment and also has a child support income withholding order, the support obligation is satisfied first. Federal tax levies are the only debts that can outrank a support garnishment, and only if the IRS levy predated the support order's service on the employer. The income withholding order also reaches beyond regular paychecks: Colorado employers must report and withhold support from lump-sum payments including bonuses, commissions, and severance pay. This closes a common loophole where a paying spouse might otherwise receive a large one-time payment free of support deductions. The broad reach of the support garnishment ensures that significant income events still contribute to the dependent family's support, reinforcing the enforcement-first design of Colorado's income assignment system.
Employer Duties and Penalties in Colorado
A Colorado employer who receives an income withholding order must begin deductions within 14 days, remit payments within 7 business days, and continue until formally notified to stop. An employer who wrongfully fails to withhold becomes personally liable for the full amount that should have been withheld under C.R.S. § 14-14-111.5, plus costs, and may be held in contempt of court.
Colorado law imposes three distinct categories of employer liability for mishandling a support enforcement wage order. First, an employer who fails to follow the terms of the income assignment may be held in contempt of court. Second, an employer who wrongfully fails to withhold or distribute payment is liable for the entire accumulated amount that should have been withheld, becomes subject to the court's jurisdiction for entry of judgment, and must pay the costs of establishing and enforcing that judgment. Third, an employer who fires, refuses to hire, or disciplines an employee because of an income assignment may be held in contempt or fined. This anti-retaliation provision protects paying parents from losing their jobs over a garnishment. When a Colorado employer receives an out-of-state income assignment, the employer applies the income withholding law of the obligor's principal state of employment, which is presumed to be Colorado absent a contrary employment contract.
2026 Colorado Child Support Changes Affecting Garnishment
Colorado's most significant child support overhaul in over a decade takes effect March 1, 2026, under House Bill 25-1159, signed May 31, 2025. The changes amend C.R.S. § 14-10-115 and directly affect the support amounts that income withholding orders collect, including a $40,000 monthly income cap, overnight parenting credit from day one, and a new self-support reserve of $1,831.83.
Because garnishment amounts derive from the underlying support order, any 2026 recalculation flows directly into the income withholding order. A paying spouse whose support obligation decreases under the new guidelines should see a corresponding reduction in the garnished amount, but only after the court modifies the order and a revised IWO is served. The new $40,000 income cap limits how high combined parental income counts toward the support calculation, which can lower the garnished amount for high earners. The overnight credit from day one rewards shared parenting time more generously, potentially reducing the obligation for parents with substantial overnights. Spousal maintenance under C.R.S. § 14-10-114 remains calculated using the statutory formula: 40% of the higher earner's monthly adjusted gross income minus 50% of the lower earner's, with combined support and maintenance capped at 40% of the parties' combined monthly adjusted gross income.
How to Stop or Modify Wage Garnishment in Colorado
Wage garnishment for support in Colorado can only be stopped or reduced by a court order or formal notice, never by an informal agreement between spouses or with the employer. To change the garnished amount, a paying spouse must file a motion to modify support, and the modification only affects the income withholding order after the court enters a new order under C.R.S. § 14-14-111.5.
Because an activated income assignment is a continuing obligation, it remains binding on the employer until the obligee, the delegate child support enforcement unit, or the court provides notice to terminate. A paying spouse who believes the garnished wages for alimony or child support exceed the federal CCPA limits can raise that issue with the court or the child support enforcement unit, because no garnishment may exceed the applicable 50% to 65% cap. Support obligations may end naturally when a child reaches the age of emancipation or when a maintenance term expires, but the income withholding order does not stop automatically; the paying party should confirm termination in writing. Attempting to evade a support enforcement wage order by quitting a job or switching employers does not extinguish the obligation, because the IWO follows the obligor and a new employer can be served once located.