reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 5 - ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION (§§ 14-5-501 — 14-5-507) › Section 14-5-504 - Immunity from civil liability

An employer that complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.
Amended by 2015 Ch. 173,§ 28, eff. 7/1/2015.
L. 97: Entire part amended with relocations, p. 540, § 11, effective July 1. L. 2015: Entire section amended, (HB 15-1198), ch. 173, p. 554, § 28, effective July 1.
COMMENT
Because employer cooperation is a key element in interstate child support enforcement, it is sound policy to state explicitly that an employer who complies with an income-withholding order from another state is immune from civil liability.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 5 - ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION (§§ 14-5-501 — 14-5-507) › Section 14-5-505 - Penalties for noncompliance

An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
Amended by 2015 Ch. 173,§ 29, eff. 7/1/2015.
L. 97: Entire part amended with relocations, p. 540, § 11, effective July 1. L. 2015: Entire section amended, (HB 15-1198), ch. 173, p. 554, § 29, effective July 1.
COMMENT
Only an employer who willfully fails to comply with an interstate order will be subject to enforcement procedures. Local law is the appropriate source for the applicable sanctions and other remedies available under state law.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 6 - REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER (§§ 14-5-601 — 14-5-616) › Subpart A - REGISTRATION FOR ENFORCEMENT OF SUPPORT ORDER (§§ 14-5-601 — 14-5-604) › Section 14-5-601 - Registration of order for enforcement

A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
L. 93: Entire article R&RE, p. 1596, § 1, effective 1/1/1995. L. 2003: Entire section amended, p. 1257, § 32, effective 7/1/2004. L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 555, § 31, effective July 1.
COMMENT
Registration of an order in a tribunal of the responding state is the first step to enforce a support order from another state or foreign country. If a prior support order has been validly issued by a tribunal with continuing, exclusive jurisdiction,
see
Section 205, such an order is to be prospectively enforced against the obligor in the absence of narrow, strictly defined fact situations in which an existing order may be modified.
See
Sections 609 through 614. Until and unless that order is modified, however, it remains an order of the issuing tribunal and is fully enforceable in the responding state.
Although registration that is not accompanied by a request for the affirmative relief of enforcement is not prohibited, the act does not contemplate registration as serving a purpose in itself. In that regard, registration is a process, and the failure to register does not deprive an otherwise appropriate forum of subject matter jurisdiction. Note that either or both a state support order or a state income-withholding order may be registered. However, although a foreign support order also may be registered, this section does not contemplate recognition of a foreign income-withholding order.
Related to Convention:
art. 23. Procedure on an application for recognition and enforcement; art. 26. Procedure on an application for recognition.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 6 - REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER (§§ 14-5-601 — 14-5-616) › Subpart B - CONTEST OF VALIDITY OR ENFORCEMENT (§§ 14-5-605 — 14-5-608) › Section 14-5-608 - Confirmed order

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
L. 93: Entire article R&RE, p. 1599, § 1, effective 1/1/1995. L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 558, § 31, effective July 1.
COMMENT
If, after notice, the nonregistering party fails to contest, the registered support order is confirmed by operation of law and no further action by a responding tribunal is necessary. Although the statute is not explicit on the subject, it seems likely in the absence of a contest both the registering and nonregistering party would be estopped from subsequently collaterally attacking the confirmed order, whether on the basis that "the wrong order was registered" or otherwise.
If contested, a registered support order must be confirmed by the responding tribunal if, after a hearing, the defenses authorized in Section 607 are rejected. Thus, either scenario precludes the nonregistering party from raising any issue that could have been asserted in a hearing. Confirmation of a support order, whether by action or as the result of inaction, validates both the terms of the order and the asserted arrearages.
Related to Convention:
art. 22. Grounds for refusing recognition and enforcement; art. 26. Procedure on an application for recognition.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 6 - REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER (§§ 14-5-601 — 14-5-616) › Subpart C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE (§§ 14-5-609 — 14-5-614) › Section 14-5-609 - Procedure to register child support order of another state for modification

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in sections
14-5-601
through
14-5-608
if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
L. 93: Entire article R&RE, p. 1599, § 1, effective 1/1/1995. L. 2003: Entire section amended, p. 1260, § 38, effective 7/1/2004. L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 559, § 31, effective July 1.
This section is similar to former § 14-5-110 as it existed prior to 1993.
COMMENT
Sections 609 through 614 deal with situations in which it is permissible for a registering state to modify the existing child-support order of another state. The first step for modification of another state's child-support order is registration in the responding tribunal under Sections 601 to 604. In some situations, this may also involve identification of the controlling order. A petitioner wishing to register a support order of another state for purposes of modification must conform to the general requirements for pleadings in Section 311, and follow the procedure for registration set forth in Section 602. If the tribunal has the requisite personal jurisdiction over the parties and may assume subject matter jurisdiction as provided in Sections 611 or 613, modification may be sought independently, in conjunction with registration and enforcement, or at a later date after the order has been registered and enforced if circumstances have changed.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 6 - REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER (§§ 14-5-601 — 14-5-616) › Subpart C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE (§§ 14-5-609 — 14-5-614) › Section 14-5-610 - Effect of registration for modification

A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of section
14-5-611
or
14-5-613
have been met.
L. 93: Entire article R&RE, p. 1599, § 1, effective 1/1/1995. L. 2003: Entire section amended, p. 1260, § 39, effective 7/1/2004. L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 559, § 31, effective July 1.
COMMENT
An order issued in another state registered for purposes of modification may be enforced in the same manner as an order registered for purposes of enforcement. But, the power of the forum tribunal to modify a child-support order of another tribunal is limited by the specific factual preconditions set forth in Sections 611 and 613.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 6 - REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER (§§ 14-5-601 — 14-5-616) › Subpart C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE (§§ 14-5-609 — 14-5-614) › Section 14-5-612 - Recognition of order modified in another state

If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the "Uniform Interstate Family Support Act", a tribunal of this state:
(1)
May enforce its order that was modified only as to arrears and interest accruing before the modification;
(2)
May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3)
Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
(4)
(Deleted by amendment, L. 2003, p. 1261, § 41, effective July 1, 2004.)
L. 93: Entire article R&RE, p. 1600, § 1, effective 1/1/1995. L. 2003: Entire section amended, p. 1261, § 41, effective 7/1/2004. L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 560, § 31, effective July 1.
This section is similar to former § 14-5-110 as it existed prior to 1993.
COMMENT
A key aspect of UIFSA is the deference to the controlling child-support order of a sister state demanded from a tribunal of the forum state. This applies not just to the original order, but also to a modified child-support order issued by a second state under the standards established by Sections 611and 613. For the act to function properly, the original issuing tribunal must recognize and accept the modified order as controlling, and must regard its prior order as prospectively inoperative. Because the UIFSA system is based on an interlocking series of state laws, it is fundamental that a modifying tribunal of one state lacks the authority to direct the original issuing tribunal to release its continuing, exclusive jurisdiction. That result is accomplished through the enactment of UIFSA by all states, which empowers a modifying tribunal to assume continuing, exclusive jurisdiction from the original issuing tribunal and requires an issuing tribunal to recognize such an assumption of jurisdiction. This explains why the U.S. Congress took the extraordinary measure in PRWORA of mandating universal passage of UIFSA (1996), as amended.
See
Prefatory Note.
The original issuing tribunal retains authority post-modification to take remedial enforcement action directly connected to its now-modified order.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 6 - REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER (§§ 14-5-601 — 14-5-616) › Subpart C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE (§§ 14-5-609 — 14-5-614) › Section 14-5-613 - Jurisdiction to modify child support order of another state when individual parties reside in this state

(a)
If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(b)
A tribunal of this state exercising jurisdiction under this section shall apply the provisions of parts 1 and 2 of this article, this part 6, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Parts 3, 4, 5, 7, and 8 of this article do not apply.
L. 97: Entire section added, p. 542, § 15, effective July 1. L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 560, § 31, effective July 1.
COMMENT
It is not unusual for the parties and the child subject to a child-support order to no longer reside in the issuing state, and for the individual parties to have moved to the same new state. The result is that the child-support order remains enforceable, but the issuing tribunal no longer has continuing, exclusive jurisdiction to modify its order. A tribunal of the state of mutual residence of the individual parties has jurisdiction to modify the child-support order and assume continuing, exclusive jurisdiction. Although the individual parties must reside in the forum state, there is no requirement that the child must also reside in the forum state (although the child must have moved from the issuing state).
Finally, because modification of the child-support order when all parties reside in the forum is essentially an intrastate matter, subsection (b) withdraws authority to apply most of the substantive and procedural provisions of UIFSA, i.e., those found in the act other than in Articles 1, 2, and 6. Note the duration of the support obligation is a nonmodifiable aspect of the original controlling order,
see
Section 611(c)-(d).
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 6 - REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER (§§ 14-5-601 — 14-5-616) › Subpart C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE (§§ 14-5-609 — 14-5-614) › Section 14-5-614 - Notice to issuing tribunal of modification

Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
L. 97: Entire section added, p. 542, § 15, effective July 1. L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 560, § 31, effective July 1.
COMMENT
For the act to function properly, the prevailing party in a proceeding that modifies a controlling order must inform the original issuing tribunal about its loss of continuing, exclusive jurisdiction over its child-support order. Thereafter, the original tribunal may not modify, or review and adjust, the amount of child support. Notice to the issuing tribunal and other affected tribunals that the continuing, exclusive jurisdiction of the former controlling order has been modified is crucial to avoid the confusion and chaos of the multiple-order system UIFSA replaced.
The new issuing tribunal has authority to impose sanctions on a party who fails to comply with the requirement to give notice of a modification to all interested tribunals. Note, however, that failure to notify a displaced tribunal of the modification of its order does not affect the validity of the modified order.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 6 - REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER (§§ 14-5-601 — 14-5-616) › Subpart D - REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT ORDER (§§ 14-5-615 — 14-5-616) › Section 14-5-616 - Procedure to register child support order of foreign country for modification

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state under sections
14-5-601
through
14-5-608
if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 561, § 31, effective July 1.
COMMENT
The procedure for registration and enforcement set forth in Sections 601 through 608 is applicable to a child-support order from a non-Convention country. This section provides coverage for modification in that situation. Presumptively, the general law of the state regarding modification of a child-support order will apply because, by their terms, Sections 609 through 614 apply only to modification of a child-support order by a state tribunal. The rationale is that modification is available because the foreign order is not founded on the UIFSA principles of continuing, exclusive jurisdiction and a controlling order.
See
Sections 205 through 207.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 7 - SUPPORT PROCEEDING UNDER CONVENTION (§§ 14-5-701 — 14-5-713) › Section 14-5-702 - Applicability

This part 7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this part 7 is inconsistent with parts 1 through 6 of this article, this part 7 controls.
Added by 2015 Ch. 173,§ 32, eff. 7/1/2015.
L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 562, § 32, effective July 1.
COMMENT
The first sentence definitively states that this article applies only to a proceeding involving a Convention country, as defined in Section 102(5)(D). This article does not generally apply to a support order from a non-Convention foreign country as defined in Section 102(5)(A) and (B) or to a support order entitled to comity. The second sentence resolves a situation in which there is a conflict between a section in this article and a provision in Articles 1 through 6, in which case this article controls.
Related to Convention:
art. 1. Object; art. 2. Scope; art. 4. Designation of Central Authorities.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 7 - SUPPORT PROCEEDING UNDER CONVENTION (§§ 14-5-701 — 14-5-713) › Section 14-5-703 - Relationship of state department of human services to United States central authority

The state department of human services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
Added by 2015 Ch. 173,§ 32, eff. 7/1/2015.
L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 562, § 32, effective July 1.
COMMENT
The Secretary of Health and Human Services has designated the state Title IV-D child support agencies as the governmental entities that will carry out many of the central authority's functions under the Convention. Each state determines which public office or administrative agency will perform the Title IV-D services for child support enforcement. Because the federal government provides a significant subsidy for this effort, the actions of the agency must comply with federal statutes and regulations and the state legislature must enact certain mandatory laws. The relationship is symbiotic in that states choose to participate in the Title IV-D program, and do so by following their own state procedures and legislative enactments that recognize and authorize the state officer or agency to function under these conditions.
Related to Convention:
ch. II. Administrative co-operation, arts. 4-8; ch. III. Applications through central authorities, arts. 9-17.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 7 - SUPPORT PROCEEDING UNDER CONVENTION (§§ 14-5-701 — 14-5-713) › Section 14-5-709 - Partial enforcement

If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
Added by 2015 Ch. 173,§ 32, eff. 7/1/2015.
L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 566, § 32, effective July 1.
COMMENT
This section transforms Convention language into UIFSA terminology. If a responding tribunal is unable to enforce the entirety of a Convention support order, it shall enforce a severable part of the order. For example, a mother of a child may have another woman as her registered partner in a Convention country. If a support order provides support for both the mother and child support for the child, that part of the order awarding support to the mother from the registered partner may not be enforceable in some states. Nonetheless, a tribunal is obligated to recognize and enforce that part of the order for support of the child. The second sentence authorizes the mother to request enforcement only of the child support portion,
see also
Section 706 (c),
supra
.
Convention source:
art. 21. Severability and partial recognition and enforcement.
Related to Convention:
art. 20. Bases for recognition and enforcement.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 7 - SUPPORT PROCEEDING UNDER CONVENTION (§§ 14-5-701 — 14-5-713) › Section 14-5-712 - Personal information - limit on use

Personal information gathered or transmitted under this part 7 may be used only for the purposes for which it was gathered or transmitted.
Added by 2015 Ch. 173,§ 32, eff. 7/1/2015.
L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 568, § 32, effective July 1.
COMMENT
This section is an almost word-for-word tracking of the Convention provision, rephrased in UIFSA terminology. This single sentence is illustrative of the different drafting rules for a uniform act and an international treaty. Although certainly not always adhered to, cardinal rules for drafting a uniform act include writing in the active voice, identifying the intended actor, and specifying the consequences for failure to follow the directive or ignore the proscription. Convention provisions, such as this one, are generally written in passive voice, the actor is not identified, and no penalty is specified for noncompliance. Insofar as the admirable goals of the provision are concerned, ambiguity in the statute, or an exception to the rule, must be resolved case-by-case.
Confidentiality is highly prized in the United States in many circumstances, e.g., the attorney-client privilege is protected to the maximum extent possible. Under other circumstances, the opposite is true, e.g., records of litigation are generally available, and a judicial decision is ordinarily in open court or public record. Neither goal is absolute. Section 312,
supra
, adds another exception, i.e., nondisclosure of information is sometimes required to protect the health, safety, or liberty of a party or a child. In a case in which there is a risk of domestic violence or parental kidnapping, nondisclosure may be crucial.
The anticipated breadth of application of this provision is to constrain individuals and entities subject to a Convention support order. Protection of personal information in this computerized world is increasingly important, whatever the medium or means of communication. Both the sender and recipient of personal information transmitted electronically are expected to take appropriate measures vis-...-vis their service providers to meet the requirements of this section. The exact meaning of the statutory phrase "for the purpose for which it was gathered or transmitted" will necessarily remain ambiguous until elaborated by statute, caselaw, or regulation.
Convention source:
art. 38. Protection of personal data.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 7 - SUPPORT PROCEEDING UNDER CONVENTION (§§ 14-5-701 — 14-5-713) › Section 14-5-713 - Record in original language - English

A record filed with a tribunal of this state under this part 7 must be in the original language and, if not in English, must be accompanied by an English translation.
Added by 2015 Ch. 173,§ 32, eff. 7/1/2015.
L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 568, § 32, effective July 1.
COMMENT
The United States will declare that English is the official language for transmittals to this country. Further, the United States will make a reservation objecting to the use of French, the other official language of the Convention, as a default translation. Of course, the original order may be in French. The cost of translation is borne by the issuing state or Convention country.
Convention source:
art. 44. Language requirements; art. 62. Reservations; art. 63. Declarations.
Related to Convention:
art. 45. Means and costs of translation.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 8 - INTERSTATE RENDITION (§§ 14-5-801 — 14-5-802) › Section 14-5-801 - Grounds for rendition

(a)
For purposes of this part 8, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this article.
(b)
The governor of this state may:
(1)
Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(2)
On the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c)
A provision for extradition of individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
L. 93: Entire article R&RE, p. 1601, § 1, effective 1/1/1995. L. 2003: (b)(2) amended, p. 1262, § 44, effective 7/1/2004.
COMMENT
This section has not been amended substantively since 1968. Virtually no controversy has been generated regarding this procedure. Arguably application of subsection (c) is problematic in situations in which the obligor neither was present in the demanding state at the time of the commission of the crime nor fled from the demanding state. The possibility that an individual may commit a crime in a state without ever being physically present there has elicited considerable discussion and some case law.
See
"L. BRILMAYER, AN INTRODUCTION TO JURISDICTION IN THE AMERICAN FEDERAL SYSTEM," 329-335 (1986) (discussing minimum contacts theory for criminal jurisdiction); Rotenberg,
Extraterritorial Legislative Jurisdiction and the State Criminal Law
, 38 TEX. L. REV. 763, 784-87 (1960) (due process requires that the behavior of the defendant must be predictably subject to state's criminal jurisdiction); cf.
Ex parte Boetscher
, 812 S.W.2d 600 (Tex. Crim. App. 1991) (Equal Protection Clause limits disparate treatment of nonresident defendants);
In re King
, 3 Cal.3d 226 , 90 Cal. Rptr. 15, 474 P.2d 983 (1970), cert. denied 403 U.S. 931 (enhanced offense for nonresidents impacts constitutional right to travel).
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 8 - INTERSTATE RENDITION (§§ 14-5-801 — 14-5-802) › Section 14-5-802 - Conditions of rendition

(a)
Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this article or that the proceeding would be of no avail.
(b)
If, under this article or a law substantially similar to this article, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c)
If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
L. 93: Entire article R&RE, p. 1601, § 1, effective 1/1/1995. L. 2003: (a) and (b) amended, p. 1263, § 45, effective 7/1/2004.
COMMENT
This section has not undergone significant change since 1968. Interstate rendition remains the last resort for support enforcement, in part because a governor may exercise considerable discretion in deciding whether to honor a demand for rendition of an obligor.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 9 - MISCELLANEOUS PROVISIONS (§§ 14-5-901 — 14-5-903) › Section 14-5-901 - Uniformity of application and construction

In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
L. 93: Entire article R&RE, p. 1602, § 1, effective 1/1/1995. L. 2003: Entire section amended, p. 1263, § 46, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 9 - MISCELLANEOUS PROVISIONS (§§ 14-5-901 — 14-5-903) › Section 14-5-902 - Transitional provision

This article, as amended by House Bill 15-1198, enacted in 2015, applies to proceedings begun on or after July 1, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
Recreated and reenacted by 2015 Ch. 173,§ 33, eff. 7/1/2015.
Prior to the recreation and reenactment of this section in 2015, subsection (b) provided for the repeal of this section, effective July 1, 2004. (See L. 2003, pp. 1263, 1275.)
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 9 - MISCELLANEOUS PROVISIONS (§§ 14-5-901 — 14-5-903) › Section 14-5-903 - Severability clause

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
L. 93: Entire article R&RE, p. 1602, § 1, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 10 - COLORADO IMPLEMENTATION PROVISIONS (§§ 14-5-1001 — 14-5-1007) › Section 14-5-1001 - [Repealed]

L. 93: Entire article R&RE, p. 1602, § 1, effective 1/1/1995. L. 98: Entire section repealed, p. 753, § 2, effective July 1.
This section was amended by House Bill 98-1183. Those amendments will not become effective because of the repeal of the section by Senate Bill 98-139.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 10 - COLORADO IMPLEMENTATION PROVISIONS (§§ 14-5-1001 — 14-5-1007) › Section 14-5-1002 - [Repealed]

L. 93: Entire article R&RE, p. 1602, § 1, effective 1/1/1995. L. 98: Entire section repealed, p. 754, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 10 - COLORADO IMPLEMENTATION PROVISIONS (§§ 14-5-1001 — 14-5-1007) › Section 14-5-1003 - [Repealed]

L. 93: Entire article R&RE, p. 1603, § 1, effective 1/1/1995. L. 98: Entire section repealed, p. 754, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 10 - COLORADO IMPLEMENTATION PROVISIONS (§§ 14-5-1001 — 14-5-1007) › Section 14-5-1004 - [Repealed]

L. 93: Entire article R&RE, p. 1603, § 1, effective 1/1/1995. L. 96: Entire section repealed, p. 593, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 10 - COLORADO IMPLEMENTATION PROVISIONS (§§ 14-5-1001 — 14-5-1007) › Section 14-5-1005 - [Repealed]

L. 93: Entire article R&RE, p. 1603, § 1, effective 1/1/1995. L. 2003: (b) added by revision, pp. 1263, 1275, §§ 48, 72.
(1) This section was similar to former § 14-5-144 as it existed prior to 1993.
(2) Subsection (b) provided for the repeal of this section, effective July 1, 2004. (See L. 2003, pp. 1263, 1275.)
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 10 - COLORADO IMPLEMENTATION PROVISIONS (§§ 14-5-1001 — 14-5-1007) › Section 14-5-1006 - [Repealed]

L. 93: Entire article R&RE, p. 1604, § 1, effective 1/1/1995. L. 94: (1) amended, p. 2644, § 103, effective July 1. L. 2003: (3) added by revision, pp. 1264, 1275, §§ 49, 72.
Subsection (3) provided for the repeal of this section, effective July 1, 2004. (See L. 2003, pp. 1264, 1275.)
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 10 - COLORADO IMPLEMENTATION PROVISIONS (§§ 14-5-1001 — 14-5-1007) › Section 14-5-1007 - [Repealed]

L. 94: Entire section added, p. 1547, § 27, effective 1/1/1995. L. 96: (4) and (5)(a) amended, p. 593, § 6, effective July 1. L. 97: (2)(e)(I) amended, p. 1264, § 7, effective July 1. L. 98: Entire section repealed, p. 754, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 6 - NONSUPPORT (§§ 14-6-101 — 14-6-113) › Section 14-6-101 - Nonsupport of spouse and children - penalty

(1)
Any person who willfully neglects, fails, or refuses to provide reasonable support and maintenance for his spouse or for his children under eighteen years of age, whether natural, adopted, or whose parentage has been judicially determined, or who willfully fails, refuses, or neglects to provide proper care, food, and clothing in case of sickness for his spouse or such children or any such children being legally the inmates of a state or county home or school for children in this state, or who willfully fails or refuses to pay to a trustee, who may be appointed by the court to receive such payment, or to the board of control of such home or school the reasonable cost of keeping such children in said home, or any person, being the father or mother of children under eighteen years of age, who leaves such children with intent to abandon such children, or any man who willfully neglects, fails, or refuses to provide proper care, food, and clothing to the mother of his child during childbirth and attendant illness is guilty of a class 5 felony. It shall be an affirmative defense, as defined in section
18-1-407
, C.R.S., to a prosecution under this section that owing to physical incapacity or other good cause the defendant is unable to furnish the support, care, and maintenance required by this section. No child shall be deemed to lack proper care for the sole reason that he is being provided remedial treatment in accordance with section
19-3-103
, C.R.S.
(2)
Repealed.
L. 11: p. 527, § 1. C.L. § 5566. CSA: C. 83, § 1. CRS 53: § 43-1-1. L. 55: p. 287, § 1. C.R.S. 1963: § 43-1-1. L. 73: p. 547, § 1. L. 81: (1) amended, p. 901, § 1, effective May 27. L. 87: (1) amended, p. 815, § 16, effective October 1. L. 92: (2) repealed, p. 396, § 1, effective June 3; (1) amended, p. 202, § 7, effective August 1.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 6 - NONSUPPORT (§§ 14-6-101 — 14-6-113) › Section 14-6-102 - [Repealed]

L. 11: p. 528, § 2. C.L. § 5567. CSA: C. 83, § 2. CRS 53: § 43-1-2. C.R.S. 1963: § 43-1-2. L. 73: p. 548, § 2. L. 92: Entire section repealed, p. 396, § 2, effective June 3.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 6 - NONSUPPORT (§§ 14-6-101 — 14-6-113) › Section 14-6-103 - Extradition

It is the duty of the district attorney or other proper officer, in any such case where the defendant is beyond the state of Colorado, to take all necessary and proper steps and proceedings to extradite such defendant and to obtain a requisition from the governor of the state of Colorado to the governor of the state in which such defendant may be found in order to secure his return from such state to the jurisdiction in which the case is being prosecuted. Extradition under this article shall be governed in accordance with the provisions of article
19
of title
16
, C.R.S.
L. 11: p. 529, § 3. C.L. § 5568. CSA: C. 83, § 3. CRS 53: § 43-1-3. C.R.S. 1963: § 43-1-3. L. 92: Entire section amended, p. 397, § 3, effective June 3.
For extradition procedures generally, see article 19 of title 16.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 6 - NONSUPPORT (§§ 14-6-101 — 14-6-113) › Section 14-6-104 - Jurisdiction

Courts of record in this state shall have jurisdiction under this article as provided in this section, and a complaint or information for the violation of this article may be filed in any court of record by the prosecuting attorney or other appropriate agency or before the county court of the county in which such offense defined in section
14-6-101
is committed.
L. 11: p. 529, § 4. C.L. § 5569. CSA: C. 83, § 4. CRS 53: § 43-1-4. L. 61: p. 352, § 1. C.R.S. 1963: § 43-1-4. L. 64: p. 246, § 115. L. 92: Entire section amended, p. 397, § 4, effective June 3.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 6 - NONSUPPORT (§§ 14-6-101 — 14-6-113) › Section 14-6-105 - Spouse competent witness

In all proceedings or prosecutions under this article, a wife or husband shall be a competent witness against his spouse with or without his consent.
L. 11: p. 530, § 5. C.L. § 5570. CSA: C. 83, § 5. CRS 53: § 43-1-5. C.R.S. 1963: § 43-1-5. L. 73: p. 548, § 3.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 6 - NONSUPPORT (§§ 14-6-101 — 14-6-113) › Section 14-6-106 - Venue

If the offense charged is desertion or abandonment or neglect or refusal to provide such children or spouse with the necessary and proper home, care, food, and clothing, as provided in section
14-6-101
, the offense shall be held to have been committed in any county of this state in which such children or spouse may be at the time such complaint is made.
L. 11: p. 531, § 7. C.L. § 5571. CSA: C. 83, § 6. CRS 53: § 43-1-6. C.R.S. 1963: § 43-1-6. L. 73: p. 548, § 4.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 6 - NONSUPPORT (§§ 14-6-101 — 14-6-113) › Section 14-6-107 - Venue - home or school of child

If the offense charged is the neglect or refusal to pay to the trustees of a child's home or school or the trustee who may be appointed by the court to receive such payment the reasonable cost of keeping such child, the offense shall be held to have been committed in the county where the child's home or school may be situated.
L. 11: p. 531, § 8. C.L. § 5572. CSA: C. 83, § 7. CRS 53: § 43-1-7. C.R.S. 1963: § 43-1-7.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 6 - NONSUPPORT (§§ 14-6-101 — 14-6-113) › Section 14-6-108 - Citizenship - residence

For all the purposes of this article 6, citizenship or residence once acquired in this state by any parent of a child living in this state continues until the child has arrived at the age of sixteen years, so long as the child continues to live in this state. In case of prosecution under this article 6 for the violation of any of the provisions of this article 6, such citizenship or residence likewise continues so long as the spouse or parent resides in this state and is entitled to the support or maintenance provided for in section
14-6-101
.
Amended by 2018 Ch. 96,§ 7, eff. 8/8/2018.
L. 11: p. 531, § 9. C.L. § 5573. CSA: C. 83, § 8. CRS 53: § 43-1-8. C.R.S. 1963: § 43-1-8. L. 73: p. 548, § 5. L. 2018: Entire section amended, (SB 18-095), ch. 96, p. 753, § 7, effective August 8.
For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 6 - NONSUPPORT (§§ 14-6-101 — 14-6-113) › Section 14-6-109 - Forfeiture of bond - disposition of fines

(1)
In accordance with the laws of this state, bond shall be set by the court. Pursuant to subsection (2) of this section, where the defendant has been released upon deposit of cash, stocks, or bonds, or upon surety bond secured by property, if the defendant fails to appear in accordance with the primary condition of the bond, the court shall declare a forfeiture. Notice of the order of forfeiture shall be mailed immediately by the court to the defendant and sureties, if any, at last known address. If the defendant does not appear and surrender to the court having jurisdiction within thirty days from the date of the forfeiture, or within that period satisfy the court that appearance and surrender by the defendant is impossible and without the defendant's fault, the court shall enter judgment against the defendant and the sureties, if any, for the amount of the bail and costs of the court proceedings.
(2)
Any moneys collected or paid upon any such execution or in any case upon said bond shall be turned over to the clerk of the court in which the bond is given to be applied to the child support obligation, including where the obligation is assigned to the department of human services pursuant to section
26-2-111(3)
, C.R.S.
L. 11: p. 531, § 10. C.L. § 5574. CSA: C. 83, § 9. CRS 53: § 43-1-9. C.R.S. 1963: § 43-1-9. L. 73: p. 549, § 6. L. 92: Entire section amended, p. 398, § 5, effective June 3. L. 94: (2) amended, p. 2644, § 104, effective July 1. L. 97: (1) amended, p. 561, § 4, effective July 1; (2) amended, p. 1240, § 36, effective July 1.
For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 6 - NONSUPPORT (§§ 14-6-101 — 14-6-113) › Section 14-6-110 - Joint liability for family expenses

The expenses of the family and the education of the children are chargeable upon the property of both husband and wife, or either of them, and in relation thereto they may be sued jointly or separately.
L. 1891: p. 238, § 1. R.S. 08: § 3021. C.L. § 5575. CSA: C. 83, § 10. CRS 53: § 43-1-10. C.R.S. 1963: § 43-1-10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 6 - NONSUPPORT (§§ 14-6-101 — 14-6-113) › Section 14-6-111 - Legislative declaration

It is hereby declared to be the policy of the state of Colorado that, in order to promote the life, health, property, and public welfare of this state, it is necessary to establish procedures to assist in the collection of child support, maintenance where combined with child support, and maintenance.
L. 61: p. 354, § 1. CRS 53: § 43-1-11. C.R.S. 1963: § 43-1-11. L. 87: Entire section amended, p. 593, § 16, effective July 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DESERTION AND NONSUPPORT (§§ 14-5-101 — 14-7-105) › Article 6 - NONSUPPORT (§§ 14-6-101 — 14-6-113) › Section 14-6-112 - [Repealed]

L. 61: p. 354, § 2. CRS 53: § 43-1-12. C.R.S. 1963: § 43-1-12. L. 72: p. 558, § 14. L. 92: Entire section repealed, p. 399, § 6, effective June 3.