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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37972
Experience:  Retired (mostly)
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Can I file a Colorado protective order of court case in Colorado - in a divor

Customer Question

can I file a Colorado protective order for contempt of court case in Colorado - in a divorce case where I am unable to pay a remaining payment - and the ex is pursuing jail time??
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Hello, You cannot obtain a protective order against a parent seeking a contempt of court order. The reason is that such an order would violate due process of law, by prohibiting the parent from access to the legal system to resolve a dispute. However, inability to pay is an affirmative defense to an order of contempt of child support. See In re Estate of Elliott, 993 P.2d 474, 479 (Colo.2000). If you prove that you are unable to pay, then you cannot be held in contempt. So, in fact, you do not need a protective order, to avoid the other parent's attempt to hold you in contempt. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Expert:  socrateaser replied 1 year ago.
Hello again,
I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?
If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.
Thanks again for using justanswer.com!