ARTICLE 5
| Jurisdiction | Colorado |
Editor's note: (1) This article was numbered as article 2 of chapter 43, C.R.S. 1963. The provisions of this article were repealed and reenacted in 1993, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers prior to 1993 are shown in editor's notes following those sections that were relocated.
(2) The numbering used in this article conforms to the numbering used in the National Uniform Act and may not parallel the numbering found elsewhere in Colorado Revised Statutes.
Law reviews: For article, "The Colorado Uniform Interstate Family Support Act", see 23 Colo. Law. 2535 (Nov. 1994); for article, "Interstate Family Law Jurisdiction: Simplifying Complex Questions", see 31 Colo. Law. 77 (Sept. 2002); for article, "Colorado's Uniform Interstate Family Support Act: 2004 Changes and Clarifications", see 33 Colo. Law. 99 (Nov. 2004).
14-5-101. Short title.
14-5-102. Definitions.
14-5-103. State tribunals and support enforcement agency.
14-5-104. Remedies cumulative.
14-5-105. Application of article to resident of foreign country and foreign support proceeding.
14-5-201. Bases for jurisdiction over nonresident.
14-5-202. Duration of personal jurisdiction.
14-5-203. Initiating and responding tribunals of this state.
14-5-204. Simultaneous proceedings.
14-5-205. Continuing, exclusive jurisdiction to modify child support order.
14-5-206. Continuing jurisdiction to enforce child support order.
14-5-207. Determination of controlling child support order.
14-5-208. Child support orders for two or more obligees.
14-5-209. Credit for payment.
14-5-210. Application of article to nonresident subject to personal jurisdiction.
14-5-211. Continuing, exclusive jurisdiction to modify spousal-support order.
14-5-301. Proceedings under article.
14-5-302. Proceeding by minor parent.
14-5-303. Application of law of this state.
14-5-304. Duties of initiating tribunal.
14-5-305. Duties and powers of responding tribunal.
14-5-306. Inappropriate tribunal.
14-5-307. Duties of support enforcement agency.
14-5-308. Duty of attorney general.
14-5-309. Private counsel.
208
14-5-310. Duties of state information agency.
14-5-311. Pleadings and accompanying documents.
14-5-312. Nondisclosure of information in exceptional circumstances.
14-5-313. Costs and fees.
14-5-314. Limited immunity of petitioner.
14-5-315. Nonparentage as defense.
14-5-316. Special rules of evidence and procedure.
14-5-317. Communications between tribunals.
14-5-318. Assistance with discovery.
14-5-319. Receipt and disbursement of payments.
14-5-401. Establishment of support order.
14-5-402. Proceeding to determine parentage.
14-5-501. Employer's receipt of income-withholding order of another state.
14-5-502. Employer's compliance with income-withholding order of another state.
14-5-503. Employer's compliance with two or more income-withholding orders.
14-5-504. Immunity from civil liability.
14-5-505. Penalties for noncompliance.
14-5-506. Contest by obligor.
14-5-507. Administrative enforcement of orders.
14-5-601. Registration of order for enforcement.
14-5-602. Procedure to register order for enforcement.
14-5-603. Effect of registration for enforcement.
14-5-604. Choice of law.
14-5-605. Notice of registration of order.
14-5-606. Procedure to contest validity or enforcement of registered order.
14-5-607. Contest of registration or enforcement.
14-5-608. Confirmed order.
14-5-609. Procedure to register child support order of another state for modification.
14-5-610. Effect of registration for modification.
209
i-
14-5-611. Modification of child support order of another state.
14-5-612. Recognition of order modified in another state.
14-5-613. Jurisdiction to modify child support order of another state when individual parties reside in
this state.
14-5-614. Notice to issuing tribunal of modification.
14-5-615. Jurisdiction to modify child support order of foreign country.
14-5-616. Procedure to register child support order of foreign country for modification.
14-5-701. Definitions.
14-5-702. Applicability.
14-5-703. Relationship of state department of human services to United States central authority.
14-5-704. Initiation by state department of human services of support proceeding under Convention.
14-5-705. Direct request.
14-5-706. Registration of Convention support order.
14-5-707. Contest of registered Convention support order.
14-5-708. Recognition and enforcement of registered Convention support order.
14-5-709. Partial enforcement.
14-5-710. Foreign support agreement.
14-5-711. Modification of Convention child support order.
14-5-712. Personal information - limit on use.
14-5-713. Record in original language - English.
14-5-801. Grounds for rendition.
14-5-802. Conditions of rendition.
14-5-901. Uniformity of application and construction.
14-5-902. Transitional provision.
14-5-903. Severability clause.
14-5-1001 to 14-5-1007. (Repealed)
210
I. History of Uniform Family Support Acts
A. URESA and RURESA
In 1950 the National Conference of Commissioners on Uniform State Laws (NCCUSL), now more commonly referred to as the Uniform Law Commission (ULC), began a series of uniform acts dealing with cases involving establishment, enforcement, and modification of orders for "any duty of support" across state lines. This evolving process started with a revolutionary idea entitled the Uniform Reciprocal Enforcement of Support Act (URESA), promulgated in 1950, and amended in 1952 and 1958. Further amendments in 1968 were so significant that the act was renamed the Revised Uniform Reciprocal Enforcement of Support Act (RURESA). Ultimately, all the states enacted one or more versions of the reciprocal support enforcement acts. A comprehensive history of the creation process from 1950 through 1968 is provided by William J. Brockelbank & Felix Infausto, Interstate Enforcement of Family Support (Bobbs-Merrill Co., 2d ed. 1971). As with most revolutions, without it subsequent development would not have been possible.
B. UIFSA (1992) (1996)
By 1988, however, problems had arisen regarding the application of RURESA in practice. After four iterations that lasted over four decades, revisiting the subject was deemed necessary. A drafting committee began to prepare amendments for RURESA, but the task proved more formidable than expected. The result was the promulgation of the Uniform Interstate Family Support Act, UIFSA (1992), which was designed to serve as a complete replacement for URESA and RURESA. In 1993 Arkansas and Texas were the first to enact the new act, and within three years thirty-five states had adopted it.
The year 1996 was an eventful one for UIFSA. First, a drafting committee was convened in spring 1996 in response to requests from representatives of employer groups for specific statutory directions regarding interstate child-support income withholding orders. Second, the child-support community (especially the state programs funded under title IV-D of the Social Security Act) requested a substantive and procedural review. As a result, the NCCUSL at its annual conference in July adopted significant amendments and promulgated UIFSA (1996). Less than one month later, the U.S. Congress assured that nationwide acceptance of the amended Act was virtually certain. In the "welfare reform" legislation passed in August 1996, officially known as the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), the enactment of UIFSA, as amended, was mandated as a condition of state eligibility for the federal funding of child support enforcement and even under exigent circumstances to continued receipt of subsidies for TANF (Temporary Assistance for Needy Families), as follows:
Sec. 321. Adoption of Uniform State Laws (42 U.S.C. § 666) is amended by adding at the end the following new subsection:
(f) Uniform Interstate Family Support Act. In order to satisfy (42 U.S.C. § 654(20)(A)), on and after January 1, 1998, each state must have in effect the Uniform Interstate Family Support Act, as approved by the American Bar Association on February 9, 1993, together with any amendments officially adopted before January 1, 1998, by the National Conference of Commissioners on Uniform State Laws.
Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), Pub. L. 104-193, 110 Stat. 2105 (1996), as amended by the Welfare Reform Technical Corrections Act of 1997.
In accordance with this "federal mandate," all states enacted UIFSA (1996).
C. UIFSA (2001)
In 2000 the child-support community again requested that the act be reviewed and amended as appropriate in the light of the years of experience with the 1992 and 1996 versions. Further, beginning in 1993 there had been an extraordinary amount of comprehensive training on the act by the child-support enforcement agencies throughout the nation and associated agencies and organizations of those agencies, e.g., U.S. Department of Health and Human Services (HHS), Office of...
To continue reading
Request your trial