Family Cases
Family Cases

Legal Separation

In this section:

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.

Enforce Court Orders Related to a Legal Separation

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How to Enforce Child Support or Maintenance Orders

Decide which enforcement option you want to use. If your former spouse/partner is not paying the child support or maintenance (alimony) that he/she was ordered to pay, there are three options:

  1. Income Assignment
  2. Get a Judgment against your former spouse/partner.
  3. Contempt of Court

Option 1: Income Assignment

An "income assignment" allows your former spouse's/partner's employer to take the money owed to you out of his/her paycheck and pay it to you directly or through the Family Support Registry. See §14-14-111.5, C.R.S. for more information.

Option 2: Get a Judgment Against Your Former Spouse/Partner

You can ask the court for a money "Judgment" against your former spouse/partner. Once the court turns the order to pay into a "Judgment", you can take steps to enforce the Judgment.

Forms and Paperwork Required

Use the forms link above to download and complete JDF 1813 Verified Entry of Support Judgment. For detailed instructions on how to fill out this form, review JDF 1800 Instructions for Filing Motions to Enforce Orders.

Paperwork Tips
  • You will use the original legal separation or custody case number as the case number for this form.
  • You and your former spouse/partner will have the same "identities" to the court as you did in the original case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" on this form.
  • Fill out JDF 1813 Verified Entry of Support Judgment and make a copy. You must sign this form in front of a notary public or court clerk. Mail or hand-deliver a copy to your former spouse/partner.

How to Submit Your Paperwork to the Court

  • You may give your forms to the court in person or by mailing them.
  • There is no filing fee.
  • After you mail or hand-deliver JDF 1813 Verified Entry of Support Judgment to your former spouse/partner, fill out the "Certificate of Service" part of JDF 1813 Verified Entry of Support Judgment, then file a copy with the court.

What Happens Next?

If the court turns the order into a Judgment (enters the Judgment), you will need to ask the court for a document called a "Transcript of Judgment".

Take the Transcript of Judgment to the Clerk and Recorder's Office in any county where your former spouse/partner lives or where they own property and get the document "recorded" (put on file). When the Transcript of Judgment document is recorded, it will put a "lien" on your former spouse's/partner's property equal to the amount of money that you are owed (the amount of the Judgment).

If the court turns the order into a "Judgment", you can also "garnish" your former spouse's/partner's wages. For detailed instructions, refer to JDF 82 Instructions on How to Collect a Judgment and Completing a Writ of Garnishment.

Option 3: Contempt of Court

You can ask the court to find (determine) that your former spouse/partner is in "contempt of court" for not obeying the court order. Your former spouse/partner can be punished with fines or even jail for continuing to disobey the order to pay.

Forms and Paperwork Required

Use the forms link above to download and complete JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and JDF 1817 Order to Issue Citation & Citation to Show Cause. For detailed instructions on how to fill out these forms, refer to JDF 1800 Instructions for Filing Motions to Enforce Orders.

Paperwork Tips
  • You will use the original legal separation or custody case number as the case number for these forms.
  • You and your former spouse/partner will have the same "identities" to the court as you did in the original case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" on these forms.
  • Fill out JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and make a copy. You must sign this form in front of a notary public or court clerk.
  • Fill out only the top ("caption") portion of JDF 1817 Order to Issue Citation & Citation to Show Cause.

How to Submit Your Paperwork to the Court

  • You may give your forms to the court in person or by mailing them.
  • There is no filing fee.
  • File the original of JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and JDF 1817 Order to Issue Citation & Citation to Show Cause with the court.

What Happens Next?

The court will contact you to set a date for a hearing, or the court will send you JDF 1817 Order to Issue Citation & Citation to Show Cause with a hearing date and time on the form.

You will need to arrange for personal service of JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and JDF 1817 Order to Issue Citation & Citation to Show Cause on your former spouse/partner. Self-Help Service of Process will help you understand how to arrange to personally serve your former spouse/partner and how to return proof of service to the court.

How to Enforce Parenting Time Orders

Decide which enforcement option you want to use. If your former spouse/partner is not obeying the court order for parenting time, there are two options:

  1. File a Motion with the court.
  2. Contempt of Court

Option 1: File a Motion with the Court

You can file a "Motion" with the court to enforce the parenting time order.

Forms and Paperwork Required

Use the forms link above to download and complete JDF 1418 Verified Motion Concerning Parenting Time Disputes and JDF 1419 Order Re: Parenting Time. For detailed instructions on how to fill out these forms, review JDF 1418 i Instructions to File a Motion Concerning Parenting Time Disputes.

Paperwork Tips
  • You will use the original legal separation or custody case number as the case number for these forms.
  • You and your former spouse/partner will have the same "identities" to the court as you did in the original case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" on these forms.
  • Fill out JDF 1418 Verified Motion Concerning Parenting Time Disputes and make a copy. You must sign this form in front of a notary public or court clerk. Mail or hand-deliver a copy to your former spouse/partner.
  • Fill out only the top ("caption") portion of JDF 1419 Order Re: Parenting Time. The court will fill out the rest of this form. You do not need to mail or hand-deliver a copy of JDF 1419 to your former spouse/partner.

How to Submit Your Paperwork to the Court

  • You may give your forms to the court in person or by mailing them.
  • There is no filing fee.
  • After you mail or hand-deliver a copy of JDF 1418 Verified Motion Concerning Parenting Time Disputes to your former spouse/partner, fill out the "Certificate of Service" part of the form, then file a copy with the court.
  • File JDF 1419 Order Re: Parenting Time with the court along with JDF 1418 Verified Motion Concerning Parenting Time Disputes.

What Happens Next?

After you have filed JDF 1418 Verified Motion Concerning Parenting Time Disputes and JDF 1419 Order Re: Parenting Time with the court, wait for a response from the court.

Option 2: Contempt of Court

You can ask the court to find (decide) that your former spouse/partner is in "contempt of court" for not obeying the court order on parenting time. Your former spouse/partner can be punished with fines or even jail for continuing to disobey the order.

Forms and Paperwork Required

Use the forms link above to download and complete JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and JDF 1817 Order to Issue Citation & Citation to Show Cause. For detailed instructions on how to fill out these forms, refer to JDF 1800 Instructions for Filing Motions to Enforce Orders.

Paperwork Tips
  • You will use the original legal separation or custody case number as the case number for these forms.
  • You and your former spouse/partner will have the same "identities" to the court as you did in the original case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" on these forms.
  • Fill out JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and make a copy. You must sign this form in front of a notary public or court clerk.
  • Fill out only the top ("caption") portion of JDF 1817 Order to Issue Citation & Citation to Show Cause.

How to Submit Your Paperwork to the Court

  • You may give your forms to the court in person or by mailing them.
  • There is no filing fee.
  • File the original of JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and JDF 1817 Order to Issue Citation & Citation to Show Cause with the court.

What Happens Next?

The court will contact you to set a date for a hearing, or the court will send you JDF 1817 Order to Issue Citation & Citation to Show Cause with a hearing date and time on the form.

You will need to arrange for personal service of JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and JDF 1817 Order to Issue Citation & Citation to Show Cause on your former spouse/partner. Self-Help Service of Process will help you understand how to arrange to personally serve your former spouse/partner and how to return proof of service to the court.

How to Enforce Orders Related to Property Rights

If the court ordered that you have the right to ownership of certain property (for example, a house or car), but your former spouse/partner refuses to sign the property over to you, you can file a "Motion" with the court. 

Forms and Paperwork Required

Use the forms link above to download and complete JDF 1814 Motion for Clerk of Court to Transfer Title Per C.R.C.P. 70 and JDF 1815 Order for Clerk of Court to Transfer Title Per C.R.C.P. 70. For detailed instructions, review JDF 1800 Instructions for Filing Motions to Enforce Orders.

Paperwork Tips

  • You will use the original legal separation case number as the case number for these forms.
  • You and your former spouse/partner will have the same "identities" to the court as you did in the original case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" on these forms.
  • Fill out JDF 1814 Motion for Clerk of Court to Transfer Title Per C.R.C.P. 70 and make a copy. You must sign this form in front of a notary public or court clerk. You will need to mail or hand-deliver a copy of JDF 1814 Motion for Clerk of Court to Transfer Title Per C.R.C.P. 70 to your former spouse/partner.
  • Fill out only the top ("caption") portion of JDF 1815 Order for Clerk of Court to Transfer Title Per C.R.C.P. 70. The court will fill out the rest of this form. You do not need to mail or hand-deliver a copy of JDF 1815 Order for Clerk of Court to Transfer Title Per C.R.C.P. 70 to your former spouse/partner.

How to Submit Your Paperwork to the Court

  • You will file your completed forms with the same court that gave you the original order related to the property.
    • Note: You must file the original paper versions of your completed forms by giving them to the court in person or by mailing them to the court.
  • There is no filing fee.
  • After you mail or hand-deliver a copy of JDF 1814 Motion for Clerk of Court to Transfer Title Per C.R.C.P. 70 to your former spouse/partner, fill out the "Certificate of Service" part of the form, then file it with the court.

What Happens Next?

Wait for the court to respond to your Motion.

Additional Resources