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.
As used in this article 13.5, unless the context otherwise requires: “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 […]
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 […]
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 […]
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: In the manner prescribed for service of process in a civil action; or By an employee appointed by the delegate child support enforcement […]
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 […]
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. In an action to establish paternity and financial responsibility, the delegate child support enforcement unit shall issue an order of default establishing paternity […]
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 such unit by first-class mail to the APA-petitioner and APA-respondent or his or her attorney of record and to the custodian of […]
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 […]
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 […]
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 […]
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 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. Source: L. 89: Entire article added, p. 1246, § 1, effective April 1, 1990.
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. Source: L. 89: Entire article added, p. 1246, § 1, effective April 1, 1990.
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. Source: L. 89: Entire article added, p. 1246, § 1, effective April 1, 1990.
If a party retains legal counsel to represent him or her in an APA case, a written notice of representation signed by both the party and his or her attorney 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 […]
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. 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. Both parties have the […]
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. If nondisclosure of information has been requested by a party pursuant to section 14-5-312 or 26-13-102.8, […]
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: The APA-respondent is incarcerated and does not participate in a negotiation conference […]
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. To approve the default order of modification, the court shall confirm that the default order and […]
