C.R.S. § 26-13.5-101 Short title
26-13.5-101. Short title. This article shall be known and may be cited as the "Colorado Administrative Procedure Act for the Establishment and Enforcement of Child Support".
Administrative Procedure for Child Support Establishment and Enforcement
C.R.S. tit. 26, art. 13.5
in effectC.R.S. § 26-13.5-102 Definitions
26-13.5-102. Definitions. As used in this article 13.5, unless the context otherwise requires:
(1) "Administrative order" means an order that establishes paternity, child support, or medical support obligations or modifies the monthly support obligation or medical support provisions of an administrative process action order issued by a delegate child support enforcement unit or an administrative agency of another state or comparable jurisdiction with similar authority. The administrative order may be stipulated, temporary, or by default.
(1.1) "Administrative process action" or "APA" means an administrative action conducted to establish or modify an administrative order pursuant to this article 13.5.
(1.2) "APA-petitioner" means, pursuant to article 13 of this title 26:
(a) The party who has applied for child support services; or
(b) The party who was mandatorily referred for child support services, except in foster care fee cases, in which the delegate child support enforcement unit or the parent may be the petitioner.
(1.3) "APA-respondent" means, pursuant to article 13 of this title 26:
(a) The party who did not apply for child support services; or
(b) The party who was not mandatorily referred for child support services, except in foster care fee cases, in which the parent who was referred may be the respondent.
(2) "Arrears" or "arrearages" means amounts of past-due and unpaid monthly support obligations established by court or administrative order.
(3) "Child support debt" means an amount calculated pursuant to section 14-14-104 or by a delegate child support enforcement unit pursuant to this article 13.5 for unreimbursed public assistance provided to a family that has received or is receiving foster care placement services, aid to families with dependent children, or temporary assistance to needy families.
(4) "Costs of collection" means attorney fees or licensed legal paraprofessional fees, costs for administrative staff time, service of process fees, court costs, costs of genetic tests, and costs for certified mail. Attorney fees, licensed legal paraprofessional fees, and costs for administrative time must only be collected in accordance with federal law and rules and regulations.
(5) "Court" or "judge" means any court or judge in this state having jurisdiction to determine the liability of persons for the support of another person. "Court" or "judge" includes a juvenile magistrate and a district court magistrate.
(5.5) "Currently scheduled negotiation conference" means the conference date and time scheduled in the notice of financial responsibility or the date and time scheduled in the latest notice of continuance, whichever date is later.
(6) "Custodian" means a parent, relative, legal guardian, or other person or agency having physical care of a child.
(7) "Delegate child support enforcement unit" means the unit of a county department of human or social services or its contractual agent that is responsible for carrying out the provisions of article 13 of this title 26. The term contractual agent includes a private child support collection agency, operating as an independent contractor with a county department of human or social services, or a district attorney's office, that contracts to provide any services that the delegate child support enforcement unit is required by law to provide.
(8) "Dependent child" means any person who is legally entitled to or the subject of a court order or administrative order for the provision of proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.
(8.5) "District court" means any district court in this state and includes the juvenile court of the city and county of Denver and the juvenile division of the district court outside of the city and county of Denver.
other care necessary for his or her health, guidance, or well-being who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.
(8.5) "District court" means any district court in this state and includes the juvenile court of the city and county of Denver and the juvenile division of the district court outside of the city and county of Denver.
(9) "Duty of support" means a duty of support imposed by law, by order, decree, or judgment of any court, or by administrative order, whether interlocutory or final or whether incidental to an action for divorce, separation, separate maintenance, or otherwise. "Duty of support" includes the duty to pay a monthly support obligation, a child support debt, any retroactive support due, support of children in foster care, medical support, and any arrearages.
(10) "Monthly support obligation" means the monthly amount of current child support or foster care placement costs that an obligor is ordered to pay by the court or by the delegate child support enforcement unit pursuant to this article 13.5.
(10.5) "Notice of financial responsibility" means the notice described in sections 26-13.5-103 and 26-13.5-105 for an administrative process establishment action and in section 26-13.5-112 for an administrative process modification action.
(11) "Obligee" means any person or agency to whom a duty of support is owed.
(12) "Obligor" means any person owing a duty of support.
(13) "Receipt of notice" means either the date on which service of process of a notice of financial responsibility is actually accomplished or the date on the return receipt if service is by certified mail, or the date the APA-respondent signs a waiver of service of process, in accordance with section 26-13.5-104.
C.R.S. § 26-13.5-103 Notice of financial responsibility issued - contents
26-13.5-103. Notice of financial responsibility issued - contents. (1) The delegate child support enforcement unit shall issue a notice of financial responsibility to the APA-respondent who is the obligee or an obligor who owes a child support debt or who is responsible for the support of a child or to the custodian of a child who is receiving support enforcement services from the delegate child support enforcement unit pursuant to article 13 of this title 26. If the obligor has applied for child support services, the notice must be served on the obligee. The notice must advise the APA-respondent:
(a) That the APA-respondent is required to appear on the date and at the time and location stated in the notice for a negotiation conference, or, if the negotiation conference is continued, the date and time of the currently scheduled negotiation conference to establish a child support obligation;
(a.3) That, if the APA-petitioner fails to appear for the currently scheduled negotiation conference, the delegate child support enforcement unit may proceed to establish an APA order or take such other action as appropriate under the law;
(a.5) That a party may contest paternity and obtain genetic testing if paternity of the child has not already been established by court or administrative order or determined pursuant to the laws of another state and a request for genetic tests will not prejudice a party in matters concerning allocation of parental responsibilities pursuant to section 14-10-124 (1.5), and that, if genetic tests are not obtained prior to the legal establishment of paternity and submitted into evidence prior to the entry of the final order establishing paternity, the genetic tests may not be allowed into evidence at a later date;
(b) That the delegate child support enforcement unit shall issue an order of default setting forth the child support obligations if the APA-respondent:
(I) Fails to appear for the negotiation conference as scheduled in the notice; and
(II) Fails to reschedule a negotiation conference prior to the date and time of the currently scheduled negotiation conference; and
(III) Fails to send the delegate child support enforcement unit a written request for a court hearing prior to the currently scheduled negotiation conference;
(b.5) That, if the notice is issued for the purpose of establishing the paternity of and financial responsibility for a child, the delegate child support enforcement unit shall issue an order of default establishing paternity and setting forth the amount of the obligor's duty of support, if:
(I) The APA-respondent fails to appear for the initial negotiation conference as scheduled in the notice of financial responsibility and fails to reschedule a negotiation conference prior to the date and time stated in the notice of financial responsibility or fails to appear for the currently scheduled negotiation conference; or
(II) The APA-respondent fails to take a genetic test or fails to appear for an appointment to take a genetic test without good cause; or
(III) The results of the genetic test indicate a ninety-seven percent or greater probability that the alleged father is the father of the child, and the APA-respondent fails to appear for the currently scheduled negotiation conference;
(c) (Deleted by amendment, L. 92, p. 213, § 17, effective August 1, 1992.)
(d) That the order of default shall be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued; that, as soon as the order of default is filed, it shall have all the force, effect, and remedies of an order of the court, including, but not limited to, wage assignments issued prior to July 1, 1996, or income assignments issued thereafter or contempt of court; and that execution may be issued on the order in the same manner and with the same effect as if it were an order of the court;
s issued; that, as soon as the order of default is filed, it shall have all the force, effect, and remedies of an order of the court, including, but not limited to, wage assignments issued prior to July 1, 1996, or income assignments issued thereafter or contempt of court; and that execution may be issued on the order in the same manner and with the same effect as if it were an order of the court;
(e) That a judgment may be entered on the order of financial responsibility issued pursuant to this article, and that if a judgment is not entered on the order of financial responsibility and needs to be enforced, the judgment creditor shall file with the court a verified entry of judgment specifying the period of time that the judgment covers and the total amount of the judgment for that period and that, notwithstanding the provisions of this paragraph (e), no court order for judgment nor verified entry of judgment shall be required in order for the county and state child support enforcement units to certify past-due amounts of child support to the internal revenue service or state department of revenue for purposes of intercepting a federal or state tax refund;
(f) The name of the custodian of the child on whose behalf support is being sought and the name and birth date of such child;
(g) That the amount of the monthly support obligation shall be based upon the child support guidelines as set forth in section 14-10-115, C.R.S.;
(h) That, in calculating the amount of monthly support obligation pursuant to the child support guidelines as set forth in section 14-10-115, C.R.S., the delegate child support enforcement unit shall set the monthly support obligation based upon reliable information concerning the parents' income, which may include wage statements or other wage information obtained from the department of labor and employment, tax records, and verified statements and other information provided by the parents and that, in the absence of any such information, the delegate child support enforcement unit may set the monthly support obligation based on the current minimum wage for a forty-hour workweek;
(i) That the delegate child support enforcement unit may issue an administrative subpoena to obtain income information;
(i.5) That the court or delegate child support enforcement unit may enter an order directing the obligor to pay for support of the child, in an amount as may be determined by the court or delegate child support enforcement unit to be reasonable under the circumstances, for a time period prior to the entry of an order establishing paternity or for a time period prior to the entry of the support order established pursuant to section 19-6-104, C.R.S.;
(j) The amount of the child support debt accrued and accruing;
(k) The amount of arrears or arrearages which have accrued under an administrative or a court order for support;
(l) That the costs of collection, as defined in section 26-13.5-102 (4), may be assessed against and collected from the APA-respondent;
(m) If applicable, that foster care maintenance may be collected against the obligor;
(n) The interest rate on any support payments which are not made on time;
unt of arrears or arrearages which have accrued under an administrative or a court order for support;
(l) That the costs of collection, as defined in section 26-13.5-102 (4), may be assessed against and collected from the APA-respondent;
(m) If applicable, that foster care maintenance may be collected against the obligor;
(n) The interest rate on any support payments which are not made on time;
(o) That the APA-respondent may assert the following objections in the negotiation conference and that, if such objections are not resolved, the delegate child support enforcement unit shall schedule a court hearing pursuant to section 26-13.5-105 (3):
(I) That neither the APA-petitioner nor the APA-respondent is the parent of the dependent child; except that, if parentage has been previously determined by or pursuant to the law of another state, the APA-petitioner and APA-respondent are advised that any challenge to the determination of parentage must be resolved in the state where the determination of parentage was made;
(II) That the dependent child has been adopted by a person other than the APA-respondent;
(III) That the dependent child is emancipated; or
(IV) That there is an existing court or administrative order of support as to the monthly support obligation;
(p) That the duty to provide medical support shall be established under this article in accordance with section 14-10-115, C.R.S.;
(q) That an administrative order issued pursuant to this article may also be modified under this article;
(r) That the APA-petitioner and APA-respondent are responsible for notifying the delegate child support enforcement unit of any change of address or employment within ten days of such change;
(r.5) That the APA-respondent may opt out of the administrative process action and have all issues decided by a court by delivering to the delegate child support enforcement unit prior to the date and time of the currently scheduled negotiation conference a written request for a court hearing;
(s) That, if the APA-petitioner or APA-respondent has any questions, the APA-petitioner or APA-respondent should telephone, e-mail, or visit the delegate child support enforcement unit;
(t) That the APA-petitioner or APA-respondent has the right to consult an attorney or licensed legal paraprofessional and the right to be represented by an attorney or licensed legal paraprofessional at the negotiation conference; and
(u) Such other information as set forth in rules and regulations promulgated pursuant to section 26-13.5-113.
C.R.S. § 26-13.5-103.5 Notice of financial responsibility amended - adding children
26-13.5-103.5. Notice of financial responsibility amended - adding children. (1) In any existing case commenced under this article, if it is alleged that another child has been conceived of the parents named in the existing case and at least one of the presumptions of paternity specified in section 19-4-105, C.R.S., applies, the delegate child support enforcement unit shall issue an amended notice of financial responsibility to add the child to the case.
(2) The amended notice of financial responsibility to add a child to an existing case shall be served in the manner set forth in section 26-13.5-104.
(3) The amended notice of financial responsibility to add a child to an existing case shall contain all of the advisements required in an original notice of financial responsibility as set forth in section 26-13.5-103.
(4) Notwithstanding the provisions of subsection (1) of this section, in any case where there exists more than one alleged or presumed father for a child pursuant to section 19-4-105, C.R.S., a new case shall be commenced for that child to determine the child's paternity, establish child support, and address any other related issues. If it is determined that the child is the child of parents named in an existing case, the cases shall be consolidated pursuant to rule 42 of the Colorado rules of civil procedure.
C.R.S. § 26-13.5-104 Service of notice of financial responsibility
26-13.5-104. Service of notice of financial responsibility. (1) The delegate child support enforcement unit shall serve a notice of financial responsibility on the APA-respondent at least fourteen days prior to the date stated in the notice for the negotiation conference:
(a) In the manner prescribed for service of process in a civil action; or
(b) By an employee appointed by the delegate child support enforcement unit to serve such process; or
(c) By certified mail, return receipt requested, signed by the obligor only. The receipt shall be prima facie evidence of service.
(2) Service of process to establish paternity and financial responsibility may be made under this article by certified mail as specified in subsection (1) of this section or by any of the other methods of service specified in said subsection (1).
(3) If process has been served pursuant to this section, additional service of process is not necessary if the case is referred to court for further action or review.
(4) An APA-respondent may waive service by signing a waiver of service of process and thereby waives the fourteen-day notice period required by subsection (1) of this section.
(5) Service of process on the APA-petitioner is not required. The APA-petitioner voluntarily submits himself or herself to the jurisdiction of the delegate child support enforcement unit and the court in connection with any APA case.
(6) A copy of the notice of financial responsibility must be provided to the APA-petitioner by first-class mail, hand delivery, or electronic transmission if agreed to by the APA-petitioner, at least fourteen days prior to the date of the negotiation conference. The APA-petitioner may waive the right to this fourteen-day notice period.
C.R.S. § 26-13.5-105 Negotiation conference - issuance of order of financial responsibility - filing of order with district court
26-13.5-105. Negotiation conference - issuance of order of financial responsibility - filing of order with district court. (1) Every APA-respondent who has been served with a notice of financial responsibility pursuant to section 26-13.5-104 shall appear at the time and location stated in the notice for a negotiation conference or shall reschedule a negotiation conference prior to the date and time stated in the notice. The negotiation conference must be scheduled not more than thirty-five days after the date of the issuance of the notice of financial responsibility. A negotiation conference may be rescheduled by a request for a standard continuance by the APA-petitioner or APA-respondent. A standard continuance must not be more than seven days after the date of the currently scheduled negotiation conference. The negotiation conference may also be continued for good cause as defined in rules promulgated pursuant to section 26-13.5-113. If a negotiation conference is continued, the APA-petitioner and APA-respondent must be notified of such continuance by first-class mail, hand delivery, or electronic means if agreed to by both parties. A stipulation in an establishment action may be signed by the APA-respondent and the delegate child support enforcement unit, with or without the signature of the APA-petitioner. If a stipulation is agreed upon at the negotiation conference as to the obligor's duty of support, the delegate child support enforcement unit shall issue an administrative order of financial responsibility setting forth the following:
(a) The amount of the monthly support obligation and instructions on the manner in which it shall be paid;
(b) The amount of child support debt due and owing to the state department and instructions on the manner in which it shall be paid;
(c) The amount of arrearages due and owing and instructions on the manner in which it shall be paid;
(d) The names and dates of birth of the parties and of the children for whom support is being sought and the parties' residential and mailing addresses, unless that information must not be disclosed pursuant to section 26-13-102.8.
(e) and (f) (Deleted by amendment, L. 99, p. 1091, § 12, effective July 1, 1999.)
(2) The order of financial responsibility has all the force, effect, and remedies of an order of the court, including, but not limited to, wage assignments issued prior to July 1, 1996, or income assignments issued thereafter or contempt of court. Execution may be issued on the order in the same manner and with the same effect as if it were an order of the court. In order to enforce a judgment based on an order issued pursuant to this article 13.5, the judgment creditor shall file with the court a verified entry of judgment specifying the period of time that the judgment covers and the total amount of the judgment for that period. Notwithstanding the provisions of this subsection (2), a court order for judgment or verified entry of judgment is not required in order for the delegate child support enforcement units to certify past-due amounts of child support to the internal revenue service or state department of revenue for purposes of intercepting a federal or state tax refund.
total amount of the judgment for that period. Notwithstanding the provisions of this subsection (2), a court order for judgment or verified entry of judgment is not required in order for the delegate child support enforcement units to certify past-due amounts of child support to the internal revenue service or state department of revenue for purposes of intercepting a federal or state tax refund.
(3) (a) If a stipulation is not agreed upon at the negotiation conference because the APA-petitioner or APA-respondent contests the issue of paternity, the delegate child support enforcement unit shall issue an order for genetic testing if paternity has not already been established by a court or administrative order or determined pursuant to the laws of another state and continue the negotiation conference to allow for the receipt of the genetic testing results. The delegate child support enforcement unit shall pay the costs of the genetic testing and may recover any testing costs from the presumed or alleged father if paternity is established. If paternity has already been established or determined, an APA temporary order must be established without conducting genetic testing.
(b) If a stipulation is not agreed upon at the continued negotiation conference and genetic testing is required and the evidence relating to paternity does not meet the requirements set forth in section 13-25-126 (1)(g), the delegate child support enforcement unit may dismiss the action or take such other appropriate action as allowed by law.
(c) If a stipulation is not agreed upon at the negotiation conference and parentage is not an issue, or, if parentage is an issue and either the evidence relating to parentage meets the requirements set forth in section 13-25-126 (1)(g), or parentage has been previously determined by another state, the delegate child support enforcement unit shall:
(I) Issue temporary orders establishing current child support, foster care maintenance, and medical support;
(II) File the notice of financial responsibility and proof of service with the clerk of the district court in the county in which the notice of financial responsibility was issued; and
(III) Request the court to set a hearing for the matter.
(d) Notwithstanding any rules of the Colorado rules of civil procedure, a complaint is not required in order to initiate a court action pursuant to this subsection (3). The court shall inform the delegate child support enforcement unit of the date and location of the hearing and the court or the delegate child support enforcement unit shall send a notice to the APA-petitioner and APA-respondent informing each party of the date and location of the hearing. In order to meet federal requirements of expedited process for child support enforcement, the court shall hold a hearing and decide only the issue of child support within ninety days after receipt of notice, as defined in section 26-13.5-102 (13), or within six months after receipt of notice, as defined in section 26-13.5-102 (13), if the APA-petitioner or APA-respondent is contesting the issue of parentage. The judge or magistrate shall advise the parties that subsequent to an adjudication of parentage, upon request, the court shall enter an order allocating parental responsibilities pursuant to section 14-10-124 (1.5); except that, in matters involving a nonresident party, the court shall first determine whether it has authority to issue an order allocating parental responsibilities pursuant to article 13 of title 14. If either party requests orders relating to the allocation of parental responsibilities, decision-making responsibility, or parenting time and the court has jurisdiction to hear such matters but is unable to hold a hearing to address all issues within the federally required time frame for expedited process for child support enforcement described above, the court shall set a separate hearing for those issues after entry of the order of support
e allocation of parental responsibilities, decision-making responsibility, or parenting time and the court has jurisdiction to hear such matters but is unable to hold a hearing to address all issues within the federally required time frame for expedited process for child support enforcement described above, the court shall set a separate hearing for those issues after entry of the order of support. In any action, including an action for parentage, additional service beyond that originally required pursuant to section 26-13.5-104 is not required if a stipulation is not reached at the negotiation conference and the court is requested to set a hearing in the matter.
(4) The determination of the monthly support obligation is based on the child support guidelines set forth in section 14-10-115. The delegate child support enforcement unit may issue an administrative subpoena requesting income information, including but not limited to wage statements, pay stubs, and tax records. In the absence of reliable information, which may include such information as wage statements or other wage information obtained from the department of labor and employment, tax records, and verified statements made by the obligee, the delegate child support enforcement unit shall set the amount included in the order of financial responsibility pursuant to section 14-10-115, after considering the factors set forth in section 14-10-115 (5)(b.5)(II).
(5) If the court or delegate child support enforcement unit finds that the obligor has an obligation to support the child or children mentioned in the petition or notice, the court or delegate child support enforcement unit may enter an order directing the obligor to pay such sums for support as may be reasonable under the circumstances, taking into consideration the factors found in section 19-4-116 (6). The court or delegate child support enforcement unit may also enter an order directing the appropriate party to pay for support of the child, in an amount as may be determined by the court or delegate child support enforcement unit to be reasonable under the circumstances, for a time period which occurred prior to the month the child support obligation begins pursuant to section 19-6-104.
(6) If a parent is unemployed and not incapacitated, the delegate child support enforcement unit may order such parent to pay such support in accordance with a plan approved by the delegate child support enforcement unit or to participate in work activities, as described in section 14-10-115 (5)(b)(II), C.R.S., as deemed appropriate by that delegate child support enforcement unit, as a condition of the child support order.
C.R.S. § 26-13.5-106 Default - issuance of establishment order of default - filing of order with district court - rules
26-13.5-106. Default - issuance of establishment order of default - filing of order with district court - rules. (1) (a) If an APA-respondent fails to appear for a currently scheduled negotiation conference, the delegate child support enforcement unit shall issue an order of default in accordance with the notice of financial responsibility.
(b) In an action to establish paternity and financial responsibility, the delegate child support enforcement unit shall issue an order of default establishing paternity and financial responsibility in accordance with the notice of financial responsibility if:
(I) The APA-respondent fails to appear for the initial negotiation conference as scheduled in the notice of financial responsibility and fails to reschedule a negotiation conference prior to the date and time stated in the notice of financial responsibility; or
(II) The APA-respondent fails to take a genetic test or fails to appear for an appointment to take a genetic test without good cause; or
(III) The results of the genetic test indicate a ninety-seven percent or greater probability that the alleged father is the father of the child, and the APA-respondent fails to appear for the negotiation conference as scheduled in the notice of financial responsibility and fails to reschedule a negotiation conference prior to the date and time stated in the notice of financial responsibility.
(b.5) The state board shall promulgate rules defining what constitutes good cause for failure to appear at a negotiation conference.
(c) The court shall approve the order of default, which must include the following:
(I) The amount of the monthly support obligation and instructions on the manner in which it must be paid;
(II) The amount of child support debt due and owing to the state department and instructions on the manner in which it must be paid;
(III) The amount of arrearages due and owing and instructions on the manner in which it must be paid;
(IV) The name of the child's custodian and the name and birth date of the child for whom support is being sought;
(V) The information required by section 14-14-111.5 (2);
(VI) In a default order establishing paternity, a statement that the obligor has been determined to be the parent of the child;
(VII) Such other information set forth in rules promulgated pursuant to section 26-13.5-113.
(d) The order for default may direct the obligor to pay for support of the child, in an amount determined by the court or delegate child support enforcement unit to be reasonable under the circumstances, for a time period prior to the month the child support obligation begins in the order establishing financial responsibility and parentage.
(e) To approve the default order, the court shall confirm that:
(I) The default order and all other documents required to be filed with the court pursuant to this section were in fact filed with the court; and
(II) Notice was served on the APA-respondent or a waiver of service was executed by the APA-respondent pursuant to section 26-13.5-104.
(f) In approving a default order, the court shall not:
(I) Recalculate the amount of any child support obligation contained in the APA order;
(II) Schedule or conduct a court hearing; or
(III) Require the filing of additional documents with the court.
rt; and
(II) Notice was served on the APA-respondent or a waiver of service was executed by the APA-respondent pursuant to section 26-13.5-104.
(f) In approving a default order, the court shall not:
(I) Recalculate the amount of any child support obligation contained in the APA order;
(II) Schedule or conduct a court hearing; or
(III) Require the filing of additional documents with the court.
(g) (I) If the court has not approved or denied approval of the default order within thirty-six days after filing with the court, the delegate child support enforcement unit shall notify the court that the deadline for approval or denial is in seven days on the forty-second day.
(II) The court may conduct a judicial review of the order pursuant to section 26-13.5-107.
(2) A copy of any default order issued pursuant to subsection (1) of this section, along with proof of service, and, in the case of a default order establishing paternity and financial responsibility pursuant to subsection (1)(b) of this section, the APA-petitioner's verified affidavit regarding paternity and the genetic test results, if any, shall be filed with the court. Before filing with the court, a supervisor, administrator, attorney, or director of a county department of human or social services shall review the order and other documents. The clerk shall stamp the date of receipt of the copy of the default order and shall assign the order a case number. The default order has all the force, effect, and remedies of an order of the court, including, but not limited to, wage assignments issued prior to July 1, 1996, or income assignments issued thereafter or contempt of court. Execution may be issued on the order in the same manner and with the same effect as if it were an order of the court. In order to enforce a judgment based on an order issued pursuant to this article 13.5, the judgment creditor shall file with the court a verified entry of judgment specifying the period of time that the judgment covers and the total amount of the judgment for that period. Notwithstanding the provisions of this subsection (2), a court order for judgment or verified entry of judgment is not required in order for the child support enforcement units to certify past-due amounts of child support to the internal revenue service or state department of revenue for purposes of intercepting a federal or state tax refund.
C.R.S. § 26-13.5-107 Orders - duration - effect of court determinations
26-13.5-107. Orders - duration - effect of court determinations. (1) A copy of any order of financial responsibility or of any default order or of any temporary order of financial responsibility issued by the delegate child support enforcement unit must be sent by the unit by first-class mail to the APA-petitioner and APA-respondent or the APA-petitioner's or APA-respondent's attorney or licensed legal paraprofessional of record and to the custodian of the child.
(2) Any order of financial responsibility, any default order, and any temporary order of financial responsibility must continue until modified by administrative or court order, even if the child is no longer receiving benefits under the programs listed in section 26-13-102.5 (2)(a), unless the child is emancipated or is otherwise no longer entitled to support. In the event that the order of financial responsibility, default order, or temporary order of financial responsibility is entered in a case at a time when there is a court action on the same case, the court may credit a portion of a monthly amount paid under the administrative process order towards future payments due in the court case only if the order in the court case is established at a lower amount than the administrative process order and only to the extent of the difference between the amount of the court order and the amount of the administrative process order.
(3) Nothing contained in this article 13.5 deprives a court of competent jurisdiction from determining the duty of support of an obligor against whom an administrative order is issued pursuant to this article 13.5. Such a determination by the court supersedes the administrative order as to support payments due subsequent to the entry of the order by the court but does not affect any arrearage which may have accrued under the administrative order.
(4) Any party to an APA order may file a request for relief from an APA judgment or order. The request must be in writing and filed with the court after the APA order becomes effective. The court may not conduct a review of a pending APA order. The review must be pursuant to C.R.C.P. 60.
C.R.S. § 26-13.5-108 Request for court hearing
26-13.5-108. Request for court hearing. (Repealed)
C.R.S. § 26-13.5-109 Notice of financial responsibility - issued in which county
26-13.5-109. Notice of financial responsibility - issued in which county. A notice of financial responsibility may be issued by a delegate child support enforcement unit pursuant to this article in any county where public assistance was paid, the county where the obligor resides, the county where the obligee resides, or the county where the child resides as prescribed by rule and regulation pursuant to section 26-13.5-113.
C.R.S. § 26-13.5-110 Paternity - establishment - filing of order with court
26-13.5-110. Paternity - establishment - filing of order with court. (1) The delegate child support enforcement unit may issue an order establishing paternity of and financial responsibility for a child in the course of a support proceeding pursuant to this article 13.5 when a parent signs a statement that the paternity of the child for whom support is sought has not been legally established and that the parents are the legal parents of the child and if neither parent is contesting the issue of paternity or may issue a default order establishing paternity and financial responsibility in accordance with section 26-13.5-106. Prior to issuing an order pursuant to this section, the delegate child support enforcement unit shall advise both parents in writing as prescribed by rule promulgated pursuant to section 26-13.5-113 of their legal rights concerning the determination of paternity.
(2) A copy of the order establishing paternity and financial responsibility and the sworn statement of the parent and, in the case of a default order establishing paternity and financial responsibility, the APA-petitioner's verified affidavit regarding paternity and the genetic test results, if any, must be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued or as otherwise provided in accordance with section 26-13.5-105 (2). The order establishing paternity and financial responsibility has all the force, effect, and remedies of an order of the district court, and the order may be executed upon and enforced in the same manner as an order of the court.
(3) If the order establishing paternity is at variance with the child's birth certificate, the delegate child support enforcement unit shall order that a new birth certificate be issued pursuant to section 19-4-124.
(4) Service of process to establish paternity and financial responsibility may be made pursuant to this article 13.5 by any method of service, including certified mail, as specified in section 26-13.5-104.
C.R.S. § 26-13.5-110.5 Filing genetic testing results with court - no administrative process action order
26-13.5-110.5. Filing genetic testing results with court - no administrative process action order. (1) Whenever genetic testing has been conducted pursuant to section 26-13.5-105 and the results show a less than ninety-seven percent probability of parentage, and the delegate child support enforcement unit issues a notice or order of dismissal of the APA case, the genetic testing results must be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued, when there is a court action relating to child support pending, or where an order exists but is silent on the issue of child support.
(2) Notwithstanding any other provisions of this article 13.5 to the contrary, the court has jurisdiction to receive an objection to genetic test results and to take any other appropriate action relating to such test results.
C.R.S. § 26-13.5-111 Establishment and enforcement of duties of support upon request of agency of another state
26-13.5-111. Establishment and enforcement of duties of support upon request of agency of another state. (Repealed)
C.R.S. § 26-13.5-112 Modification of an order
26-13.5-112. Modification of an order. (1) At any time after the entry of an order of financial responsibility or an order of default pursuant to this article 13.5, in order to add, alter, or delete any provisions to such an order, the delegate child support enforcement unit may issue a notice of financial responsibility modification to the obligor and obligee advising the obligor and obligee of the possible modification of the existing administrative order issued pursuant to this article 13.5. The delegate child support enforcement unit shall serve the obligor and the obligee with a notice of financial responsibility modification by first-class mail or by electronic means if mutually agreed upon. The obligor or the obligee may file a written request for modification of an administrative order issued pursuant to this article 13.5 with the delegate child support enforcement unit. If the delegate child support enforcement unit denies the request for modification based upon the failure to demonstrate a showing of changed circumstances required pursuant to section 14-10-122, the delegate child support enforcement unit shall advise the requesting party of the party's right to seek a modification pursuant to section 14-10-122.
(1.2) At any time after entry of an administrative order issued pursuant to this article, an obligor or obligee may file a written request for review of the order with the delegate child support enforcement unit. The written request for review shall include financial information of the requesting party necessary to conduct a calculation pursuant to the Colorado child support guidelines described in section 14-10-115, C.R.S. The requesting party shall provide his or her financial information on the form required by the division of child support enforcement. The delegate child support enforcement unit shall review each request received and grant or deny the request using the standards described in section 26-13-121 (2)(a) or (2)(b).
(1.3) If there is an active assignment of rights, the delegate child support enforcement unit shall, once every thirty-six months, review the administrative order to determine if an adjustment of the administrative order is appropriate.
(1.4) If the request for review is granted or in case of an automatic review where there is an active assignment of rights, a notice of review shall be issued to the requesting and nonrequesting parties. In the case of a review in which there is an active assignment of rights, the obligor and obligee shall be considered nonrequesters. The notice of review shall advise the obligor and obligee that a review is to be conducted and provide the nonrequesters twenty days within which to provide the financial information necessary to calculate the child support obligation pursuant to the Colorado child support guidelines described in section 14-10-115, C.R.S.
(1.5) (a) The review of the administrative order must be conducted on or before the thirtieth day after notice of review is sent to the parties. During the review, the determination of the monthly support obligation must be based on the child support guidelines set forth in section 14-10-115. The delegate child support enforcement unit may grant a continuance of the review for good cause. The continuance must be for a reasonable period of time to be determined by the delegate child support enforcement unit, not to exceed thirty days.
(b) In order to obtain information necessary to conduct the review, the delegate child support enforcement unit is authorized, pursuant to sections 26-13.5-103 (1) and 26-13-121 (3)(d), to serve, by first-class mail, hand delivery, or by electronic means if mutually agreed upon, an administrative subpoena to any person, corporation, partnership, public employee retirement benefit plan, financial institution, labor union, or other entity to appear or for the production of records and financial documents.
nit is authorized, pursuant to sections 26-13.5-103 (1) and 26-13-121 (3)(d), to serve, by first-class mail, hand delivery, or by electronic means if mutually agreed upon, an administrative subpoena to any person, corporation, partnership, public employee retirement benefit plan, financial institution, labor union, or other entity to appear or for the production of records and financial documents.
(c) An adjustment to the administrative order is appropriate only if the standard set forth in section 14-10-122 (1)(b) is met.
(1.7) (a) After the review is completed, the delegate child support enforcement unit shall provide a post-review notice and child support guideline worksheet advising the obligor and obligee of the review results. If a review indicates that an adjustment should be made, a notice of financial responsibility and a proposed order of financial responsibility shall be included. The delegate child support enforcement unit shall provide all supporting financial documentation used to calculate the monthly support obligation to both parties. The notice of financial responsibility shall advise the parties of the right to challenge the post-review notice of the review results, the time frame for challenging the review results, and the method for asserting the challenge.
(b) The obligor and obligee must be given fifteen days after the date of the post-review notice to challenge the review results. The grounds for the challenge are limited to the issue of mathematical or factual error in the calculation of the monthly support obligation. The delegate child support enforcement unit may grant an extension of up to fifteen days to challenge the review results based upon a showing of good cause. Any challenge may be presented at the negotiation conference scheduled pursuant to section 26-13.5-105 via first-class mail or via an electronic communication method.
(c) The delegate child support enforcement unit shall have fifteen days from the date of receipt of the challenge to respond to a challenge based upon a mathematical or factual error. If a challenge results in a change to the monthly support obligation, the delegate child support enforcement unit shall provide an amended notice of review to the obligor and obligee. The parties shall be given fifteen days from the date of the amended notice of review to challenge the results of any subsequent review. The grounds for the challenge shall be limited to the issue of mathematical or factual error in the calculation of the monthly support obligation.
(1.9) If the review indicates that a change to the monthly support obligation is appropriate and the review is not challenged or all challenges have been addressed, the delegate child support enforcement unit shall file the notice of financial responsibility, the order of financial responsibility accompanied by the guideline worksheet, and the supporting financial documentation with the court.
(2) A request for modification made pursuant to this section shall not stay the delegate child support enforcement unit from enforcing and collecting upon the existing order pending the modification proceeding.
(3) Only payments accruing subsequent to the request for modification may be modified. Modification shall be based upon the standard set forth in section 14-10-122, C.R.S.
C.R.S. § 26-13.5-113 Rules and regulations
26-13.5-113. Rules and regulations. The state board shall adopt rules and regulations establishing uniform forms and procedures to implement the administrative process set forth in this article and may adopt rules and regulations as may be necessary to carry out the provisions of this article.
C.R.S. § 26-13.5-114 Applicability of administrative procedure act
26-13.5-114. Applicability of administrative procedure act. Except for the promulgation of rules and regulations as authorized in section 26-13.5-113, the provisions of this article shall not be subject to the "State Administrative Procedure Act", article 4 of title 24, C.R.S.
C.R.S. § 26-13.5-115 Additional remedies
26-13.5-115. Additional remedies. The remedies created by this article are in addition to and not in substitution for any other existing remedies authorized by law to establish and enforce the duty of support.
C.R.S. § 26-13.5-116 Attorney of record in administrative process action case
26-13.5-116. Attorney of record in administrative process action case. (1) If a party retains legal counsel to represent the party in an APA case, a written notice of representation signed by both the party and the party's attorney or licensed legal paraprofessional must be received by the delegate child support enforcement unit. The notice of representation is not effective until delivered to the delegate child support enforcement unit.
(2) If a party terminates legal representation, the party shall deliver written notice of such termination to the delegate child support enforcement unit. The termination is effective upon receipt of delivery.
(3) Except for service of the notice upon the APA-respondent, an attorney or licensed legal paraprofessional of record must, on behalf of the client, receive a copy of all documents delivered to the parties in an APA case.
C.R.S. § 26-13.5-117 Administrative process action case - rights of the parties
26-13.5-117. Administrative process action case - rights of the parties. (1) An APA case may be conducted if the obligee or the obligor is an applicant for child support services pursuant to article 13 of this title 26.
(2) Both parties have the right to a one-time standard continuance not to exceed seven days after the date of the currently scheduled negotiation conference.
(3) Both parties have the right to contest paternity of a child if legal parentage of that child has not already been established by the court or by administrative order or determined pursuant to the laws of another state.
(4) Both parties may attend and participate in an APA negotiation conference conducted pursuant to this article 13.5.
C.R.S. § 26-13.5-118 Exchange and delivery of evidence
26-13.5-118. Exchange and delivery of evidence. (1) All documents that are used in calculating the child support guidelines worksheet and administrative order must be provided to the other party at the time of or prior to the date and time of the currently scheduled negotiation conference.
(2) If nondisclosure of information has been requested by a party pursuant to section 14-5-312 or 26-13-102.8, the delegate child support enforcement unit shall not disclose information relating to the location of the requesting party or the dependent child. Unless otherwise provided by law, if a party has not requested nondisclosure of information, the delegate child support enforcement unit has no duty to redact other information contained in the document. The delegate child support enforcement unit shall be held harmless for the release of such information pursuant to this section.
C.R.S. § 26-13.5-119 Request for court hearing - transfer of jurisdiction
26-13.5-119. Request for court hearing - transfer of jurisdiction. (1) At any time after effecting service of process pursuant to section 26-13.5-104, the delegate child support enforcement unit may refer the case to court by requesting a court hearing for the establishment or modification of child support without additional service of process when:
(a) The APA-respondent is incarcerated and does not participate in a negotiation conference or sign a stipulated order;
(b) An alleged or presumed parent is excluded by genetic testing results pursuant to section 13-25-126;
(c) A parent receives an adoption subsidy for a dependent child; or
(d) Any other reason set forth in rule.
(2) An APA-respondent may opt out of the APA proceedings and a court hearing must be scheduled pursuant to this section if, prior to the date and time of the currently scheduled negotiation conference, the APA-respondent delivers to the delegate child support enforcement unit a written request for a court hearing.
C.R.S. § 26-13.5-120 Default order of modification
26-13.5-120. Default order of modification. (1) If both parties fail to attend the currently scheduled negotiation conference on modification of a stipulated order or modification is not agreed to by the parties, the delegate child support enforcement unit shall enter a default order of modification.
(2) To approve the default order of modification, the court shall confirm that the default order and all other documents required to be filed with the court pursuant to section 26-13.5-112 were in fact filed with the court. Prior to filing with the court, a supervisor, administrator, attorney, or county director of human or social services shall review the default order and other documents.
(3) In approving a default order of modification, a court shall not:
(a) Recalculate the amount of any child support obligation contained in the administrative order;
(b) Schedule or conduct a court hearing; or
(c) Require the filing of additional documents with the court.
(4) (a) If the court has not approved or denied approval of the default order within thirty-six days after filing with the court, the delegate child support enforcement unit shall notify the court that the deadline for approval or denial is in seven days on the forty-second day.
(b) The court may conduct a judicial review of the default order of modification pursuant to section 26-13.5-107.
C.R.S. § 26-13.5-121 When administrative process action order is effective
26-13.5-121. When administrative process action order is effective. (1) An APA stipulated or temporary order of establishment or an APA stipulated order of modification is effective upon filing with the clerk of court.
(2) An APA default order of establishment or an APA default order of modification is effective upon approval by the court or by operation of law pursuant to section 26-13.5-106 or 26-13.5-120.
C.R.S. § 26-13.5-122 Survivability of an administrative process action order - applicability
26-13.5-122. Survivability of an administrative process action order - applicability. (1) If an APA order is filed into a pending court case and that court case is subsequently dismissed, the APA order survives such dismissal and continues to be valid and enforceable unless the court specifically orders the dismissal of the APA order.
(2) If an APA order contains a judgment establishing paternity, a judgment for child support debt pursuant to section 14-14-104, or for costs of collection as defined in section 26-13.5-102 (4), and the parents subsequently marry each other, such judgments survive the marriage and continue to be valid and enforceable.
(3) This section applies even if only one parent is a party to the APA order and even if the APA order is for foster care placement fees.
(4) If the APA order establishes a support obligation that is owed to a nonparent caretaker, the support obligation, including any retroactive support, unpaid support, and monthly support owed to the nonparent caretaker, survives pursuant to this section.
(5) If the APA order establishes a monthly support obligation that is or has been assigned to the county, state, or other jurisdiction, that portion of the order for a monthly support obligation during the period of assignment survives pursuant to this section.
C.R.S. § 26-13.5-123 Where administrative process action order filed - electronic filing of order data - custodian of the record - applicability
26-13.5-123. Where administrative process action order filed - electronic filing of order data - custodian of the record - applicability. (1) A stipulated, temporary, or default order must be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued, or in the district court where an action relating to support is pending or where an order exists but is silent on the issue of child support.
(2) A stipulated or default order of modification must be filed in the county and case where the initial APA order was filed.
(3) In appropriate cases, the delegate child support enforcement unit shall transmit data elements of the order, return of service of process, and other APA documents to the clerk of the court in the county where the notice of financial responsibility was issued in lieu of filing the order and other documents with the court.
(4) When the original order is not filed with the court, the delegate child support enforcement unit shall be the custodian of the record until the order is filed with the court.
(5) This section applies to both establishment and modification cases.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-26.docxFetched: 10/6/2026