What options are there if my ex keeps evading servicing attempts for his contempt of court order after almost a year of missed maintenance payments, causing financial deterioration?

Thank you for your question, and I’m sorry about the predicament you're in. Going almost a year without the right legal support can be a real hardship. The good news is that your ex won’t be able to dodge service attempts on contempt-of-court orders forever, but Colorado has a specific rule for how people in situations like yours should respond. 

A Colorado contempt proceeding imposes stricter service requirements. Under C.R.C.P. 107(c), the other party must be personally served with the contempt citation, a copy of the initial petition for contempt, affidavit, and order, at least 21 days before the date they’re told to appear at the advisement hearing. While other states may allow service of a contempt motion by email or other substitute methods, Colorado does not. That said, I’ve listed some helpful tools you can use to make sure your ex is served properly and keep the case moving forward:

• A skilled private process server with skip tracing to help pin down your ex's current address and workplace. The sheriff's office in the county where they live or work can also attempt service, though a private server is often the stronger choice for someone who's actively hiding. A family law attorney typically coordinates this — retaining the server, ordering skip tracing, and ensuring the attempts are properly documented.

• Attempts at varied times and at their place of employment, not just their home.

• Careful documentation, since you or a family law attorney will file a Return of Service (JDF 1817) showing exactly how and when your ex was served.

But contempt isn’t your only path to remediate the situation. Some of the most effective tools in Colorado don’t require you to personally serve a contempt citation at all. I’d generally pursue these alongside or even before contempt. 

Start collecting through tools that don’t require direct service, including: 

• Wage withholding - C.R.S. 14-14-111.5 expressly covers maintenance as well as child support, and a payment on arrears plus interest can be built in. Critically, the notice to withhold is served on the employer, and the employer’s receipt of that notice. Depending on your initial decree, it may be possible to activate it without a separate motion. 

• Judgment and lien - In Colorado, each missed support payment becomes a judgment as it comes due. You can file a Verified entry of Judgment capturing the principal plus interest, then obtain an abstract of judgment to place a lien on your ex’s property. That lien follows the property and generally must be paid before your ex can sell or refinance.

• Wage garnishment - Federal limits allow support obligations to reach up to 50 percent of disposable earnings—up to 60 percent when there are no other dependents—with an additional five percent when arrears exceed 12 weeks. 

• Retirement and other assets - A qualified domestic relations order (QDRO) can reach a pension or 401(k). You can also require security, a bond, or a guarantee for past-due and future payments under C.R.S. 14-14-109. 

I’d also mention that unpaid maintenance accrues interest at eight percent per year. 

Given that you’ve described real financial deterioration, I’d move on to the income assignment and the entry of judgment. A member of our Family Law Team can look at your decree and identify the fastest path to collection in your specific county. To get started, you can book a consultation online or call 303-688-0944 to find a time that works for you.