2021 Colorado Code
Title 8 - Labor and Industry
Article 9 - Assignment of Wages
§ 8-9-104. Joinder of Wife or Husband in Assignment - Acknowledgment
No assignment of wages, except for child support, not already earned at the time of the assignment or any sum to become due the assignor after the date of such assignment shall be valid unless, if the assignor is married and residing with his spouse, such spouse joins in and signs such assignment and such assignment is duly acknowledged before a notary public or some other officer authorized by the laws of Colorado to take acknowledgments.
History. Source: L. 49: P. 231, § 2. CSA: C. 97, § 233(1). CRS 53: § 80-11-4. C.R.S. 1963: § 80-15-4. L. 81: Entire section amended, p. 909, § 2, effective June 8. History. Source: L. 49: P. 231, § 2. CSA: C. 97, § 233(1). CRS 53: § 80-11-4. C.R.S. 1963: § 80-15-4. L. 81: Entire section amended, p. 909, § 2, effective June 8.
ANNOTATION
Annotator's note. A case decided prior to the earliest source of § 8-9-104 has been included in the annotations to this section.
This section is designed to secure to the wife her rightful share in the fruits of her husband's labor. State v. Elkins, 84 Colo. 409 , 270 P. 875 (1928).
Since this provision is for the protection of the home, it would be incongruous to permit a creditor to assume the role of the wife for the purpose of seizing her husband's paycheck. State v. Elkins, 84 Colo. 409 , 270 P. 875 (1928).
Where wages are in the wife's hands, thus having reached the haven intended by this section, they are not subject to garnishment. State v. Elkins, 84 Colo. 409 , 270 P. 875 (1928).
