ARTICLE 13.5 ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT

• Jurisdiction: Colorado

ARTICLE 13.5 Administrative Procedure for Child Support Establishment and Enforcement

26-13.5-101. Short title.
26-13.5-102. Definitions.
26-13.5-103. Notice of financial responsibility issued - contents.
26-13.5-103.5. Notice of financial responsibility amended - adding children.
26-13.5-104. Service of notice of financial responsibility.
26-13.5-105. Negotiation conference - issuance of order of financial responsibility - filing of order with district court.
26-13.5-106. Default - issuance of order of default - filing of order with district court - rules.
26-13.5-107. Orders - duration - effect of court determinations.
26-13.5-108. Request for court hearing. (Repealed)
26-13.5-109. Notice of financial responsibility - issued in which county.
26-13.5-110. Paternity - establishment - filing of order with court.
26-13.5-110.5. Filing genetic testing results with court - no administrative process action order.
26-13.5-111. Establishment and enforcement of duties of support upon request of agency of another state. (Repealed)
26-13.5-112. Modification of an order.
26-13.5-113. Rules and regulations.
26-13.5-114. Applicability of administrative procedure act.
26-13.5-115. Additional remedies.
26-13.5-116. Attorney of record in administrative process action case.
26-13.5-117. Administrative process action case - rights of the parties.
26-13.5-118. Exchange and delivery of evidence.
26-13.5-119. Request for court hearing - transfer of jurisdiction.
26-13.5-120. Default order of modification.
26-13.5-121. When administrative process action order is effective.
26-13.5-122. Survivability of an administrative process action order - applicablity.
26-13.5-123. Where administrative process action order filed - electronic filing of order data - custodian of the record - applicability.

■ 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".

Source: L. 89: Entire article added, p. 1238, § 1, effective April 1, 1990.

■ 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 the party who has applied or been mandatorily referred for child support services pursuant to article 13 of this title 26.

(1.3) "APA-respondent" means the party that did not apply for child support services and was not mandatorily referred for child support services pursuant to article 13 of this title 26.

(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, costs for administrative staff time, service of process fees, court costs, costs of genetic tests, and costs for certified mail. Attorney fees and costs for administrative time shall 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.

(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 2613.5-105 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.

Source: L. 89: Entire article added, p. 1238, § 1, effective April 1, 1990. L. 90: (4) and (7) amended and (8.5) added, p. 896, § 19, effective July 1. L. 91: (5) amended, p. 365, § 39, effective April 9; (9) amended, p. 216, § 5, effective July 1. L. 96: (9) amended, p. 618, § 25, effective July 1. L. 97: (4) amended, p. 563, § 15, effective April 29. L. 2003: (7) amended, p. 1271, § 64, effective July 1. L. 2005: (7) amended, p. 498, § 3, effective August 8. L. 2011: (3) amended, (SB 11-123), ch. 46, p. 121, § 9, effective August 10. L. 2018: IP and (7) amended, (SB 18-092), ch. 38, p. 452, § 137, effective August 8; IP, (1), (3), (6), (8), (10), (11), (12), and (13) amended and (1.1), (1.2), (1.3), (5.5), and (10.5) added, (HB 18-1363), ch. 389, p. 2323, § 4, effective July 1, 2019.

Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

■ 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...