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 1 - GENERAL PROVISIONS (§§ 14-5-101 — 14-5-105) › Section 14-5-101 - Short title

This article shall be known and may be cited as the "Uniform Interstate Family Support Act".
L. 2003: Entire part amended with relocations, p. 1241, § 2, effective 7/1/2004.
In 2003, the former §14-5-101 was relocated to §
14-5-102
.
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 1 - GENERAL PROVISIONS (§§ 14-5-101 — 14-5-105) › Section 14-5-103 - State tribunals and support enforcement agency

(a)
The court and the administrative agency are the tribunals of this state.
(b)
The county and state child support services agencies are the support enforcement agencies of this state.
Amended by 2015 Ch. 173, §2, eff. 7/1/2015.
L. 2003: Entire part amended with relocations, p. 1243, § 2, effective 7/1/2004. L. 2015: Entire section amended, (HB 15-1198), ch. 173, p. 546, § 2, effective July 1.
In 2003, this section was formerly numbered as §
14-5-102
, and the former § 14-5-103 was relocated to §
14-5-104
.
COMMENT
Subsection (a) provides for the identification of the tribunal or tribunals to be charged with the application of this act.
Subsection (b) performs the same function for the support enforcement agency or agencies. By its terms it indicates the legislature may designate more than one entity as authorized to enforce a support order, including a private agency. To clarify, federal law and regulations require that each state designate a "single and separate organizational unit" as the state agency that is charged with administration of the state plan and is authorized, and funded under Title IV-D of the Social Security Act. Known throughout the United States as the as the "IV-D agency," it may delegate any of its functions to another state or local agency or may purchase services from any person or private agency. The IV-D agency, however, retains responsibility for ensuring compliance with the Title IV- D state plan. Moreover, by virtue of the receipt of a federal subsidy, the agency is subject to federal regulations. The legislature may also decide to provide services unrelated to, or not funded by the Title IV-D system. For example, the state legislature could identify (and fund) a private agency authorized to enforce a spousal-support order not involving child support, or could fund a public defender system to provide counsel for indigent defendants in IV-D cases.
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 1 - GENERAL PROVISIONS (§§ 14-5-101 — 14-5-105) › Section 14-5-105 - Application of article to resident of foreign country and foreign support proceeding

(a)
A tribunal of this state shall apply parts 1 through 6 of this article and, as applicable, part 7 of this article, to a support proceeding involving:
(1)
A foreign support order;
(2)
A foreign tribunal; or
(3)
An obligee, obligor, or child residing in a foreign country.
(b)
A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of parts 1 through 6.
(c)
Part 7 of this article applies only to a support proceeding under the Convention. In such a proceeding, if a provision of part 7 of this article is inconsistent with parts 1 through 6 of this article, part 7 of this article controls.
Added by 2015 Ch. 173,§ 4, eff. 7/1/2015.
L. 2015: Entire section added, (HB 15-1198), ch. 173, p. 546, § 4, effective July 1.
COMMENT
Four distinct entities are defined as a "foreign country" with tribunals that enter a "foreign support order."
See
Section 102(5). With regard to the three types of proceedings identified in subsection (a), all of the provisions in this act in Articles 1 through 6 apply. Note, however, that under subsection (c), only one of these, a country "in which the Convention is in force with respect to the United States,"
see
Section 102 (5)(D), will be subject to Article 7 as well as Articles 1 through 6. Thus, a support order from one of these countries may require special attention. After the Convention comes into force in the United States, a body of case law may develop if it becomes necessary to resolve unanticipated differences between this act and the Convention. As this extensive commentary and the many cross reference to provisions of the Convention indicate, significant efforts have been made to avoid any such conflicts.
Under subsection (b) a tribunal of this state may apply principles of comity if appropriate to recognize a support order from a foreign nation state that does not fit the definition of a "foreign country,"
see
Section 102(5)(A)-(D),
supra
.
Subsection (c) resolves that if terms of the Convention and the terms of this act, including Article 7, are in conflict, the provision of the Convention controls. With regard to the other three statutory definitions of a "foreign country," all the terms, this act in articles 1 through 6 control. After the Convention comes into force in the United States, a body of case law may develop to resolve unanticipated differences between this act and the Convention.
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 2 - JURISDICTION (§§ 14-5-201 — 14-5-211) › Section 14-5-202 - Duration of personal jurisdiction

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this article or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by sections
14-5-205
,
14-5-206
, and
14-5-211
.
L. 93: Entire article R&RE, p. 1584, § 1, effective 1/1/1995. L. 97: Entire section amended, p. 534, § 2, effective July 1. L. 2003: Entire section amended, p. 1244, § 4, effective 7/1/2004.
COMMENT
It is a useful legal truism after a tribunal of a state issues a support order binding on the parties, which must be based on personal jurisdiction by virtue of
Kulko v. Superior Court
, 436 U.S. 84 (1978) and
Vanderbilt v. Vanderbilt
, 354 U.S. 416 (1957), jurisdiction in personam continues for the duration of the support obligation absent the statutorily specified reasons to terminate the order. The rule established by UIFSA is that the personal jurisdiction necessary to sustain enforcement or modification of an order of child support or spousal support persists as long as the order is in force and effect, even as to arrears,
see
Sections 205-207, 211,
infra
. This is true irrespective of the context in which the support order arose, e.g., divorce, UIFSA support establishment, parentage establishment, modification of prior controlling order, etc. Insofar as a child-support order is concerned, depending on specific factual circumstances a distinction is made between retaining continuing, exclusive jurisdiction to modify an order and having continuing jurisdiction to enforce an order,
see
Sections 205 and 206,
infra
. Authority to modify a spousal-support order is permanently reserved to the issuing tribunal, Section 211,
infra
.
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 2 - JURISDICTION (§§ 14-5-201 — 14-5-211) › Section 14-5-203 - Initiating and responding tribunals of this state

Under this article, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.
Amended by 2015 Ch. 173, §6, eff. 7/1/2015.
L. 93: Entire article R&RE, p. 1585, § 1, effective 1/1/1995. L. 2015: Entire section amended, (HB 15-1198), ch. 173, p. 548, § 6, effective July 1.
COMMENT
This section identifies the two roles a tribunal of the forum may serve: acting as either an initiating or a responding tribunal.
See
Sections 304 and 305 for the duties and powers of the tribunal in each of these capacities. Under UIFSA, a tribunal may serve as a responding tribunal even when there is no initiating tribunal. This accommodates the direct filing of a proceeding in a responding tribunal by a nonresident of the forum, whether residing in a state or anywhere else in the world. Note, however, that the section does not deal with whether an initiating tribunal of a state may forward a proceeding to a tribunal in a foreign country, which may be left to the individual support enforcement agency.
Related to Convention:
art. 2. Scope; art. 37. Direct requests to competent 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 2 - JURISDICTION (§§ 14-5-201 — 14-5-211) › Section 14-5-206 - Continuing jurisdiction to enforce child support order

(a)
A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1)
The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the "Uniform Interstate Family Support Act"; or
(2)
A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(b)
A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
(c)
(Deleted by amendment, L. 2003, p. 1246, § 6, effective July 1, 2004.)
Amended by 2015 Ch. 173, §8, eff. 7/1/2015.
L. 93: Entire article R&RE, p. 1586, § 1, effective 1/1/1995. L. 2003: Entire section amended, p. 1246, § 6, effective 7/1/2004. L. 2015: (a)(2) amended, (HB 15-1198), ch. 173, p. 548, § 8, effective July 1.
OFFICIAL COMMENT
This section is the correlative of the continuing, exclusive jurisdiction described in the preceding section. It makes the relatively subtle distinction between the CEJ "to modify a support order" established in Section 205 and the "continuing jurisdiction to enforce" established in this section. A keystone of UIFSA is that the power to enforce the order of the issuing tribunal is not "exclusive" with that tribunal. Rather, on request one or more responding tribunals may also exercise authority to enforce the order of the issuing tribunal. Secondly, under the one-order-at-a-time system, the validity and enforceability of the controlling order continues unabated until it is fully complied with, unless it is replaced by a modified order issued in accordance with the standards established by Sections 609-616. That is, even if the individual parties and the child no longer reside in the issuing state, the controlling order remains in effect and may be enforced by the issuing tribunal or any responding tribunal without regard to the fact that the potential for its modification and replacement exists.
Subsection (a) authorizes the issuing tribunal to initiate a request for enforcement of its order by a tribunal of another state if its order is controlling,
see
Section 207, or to request reconciliation of the arrears and interest due on its order if another order is controlling.
Subsection (b) reiterates that the issuing tribunal has jurisdiction to serve as a responding tribunal to enforce its own order at the request of another tribunal.
Related to Convention:
art. 19. Scope of the Chapter.
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 2 - JURISDICTION (§§ 14-5-201 — 14-5-211) › Section 14-5-208 - Child support orders for two or more obligees

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
Amended by 2015 Ch. 173, §10, eff. 7/1/2015.
L. 93: Entire article R&RE, p. 1587, § 1, effective 1/1/1995. L. 2003: Entire section amended, p. 1248, § 8, effective 7/1/2004. L. 2015: Entire section amended, (HB 15-1198), ch. 173, p. 549, § 10, effective July 1.
COMMENT
This section is concerned with those multiple orders that involve two or more families of the same obligor. Although all such orders are entitled to enforcement, practical difficulties frequently exist. For example, full enforcement of each of the multiple orders may exceed the maximum allowed for income withholding. The federal statute,
42 U.S.C. §666(b)(1)
, requires that to be eligible for the federal funding for enforcement, states must provide a ceiling for child-support withholding expressed in a percentage that may not exceed the federal law limitations on wage garnishment, Consumer Credit Protection Act of 1968,
15 U.S.C. §1673(b)
. In order to allocate resources between competing families, UIFSA refers to state law. The basic principle is that one or more support orders for an out-of-state family of the obligor, and one or more orders for an in-state family, are of equal dignity. In allocating payments to different obligees, every child-support order should be treated as if it had been issued by a tribunal of the forum state, that is, preferential treatment for a local family over an out-of-state family is prohibited by local law. The addition of a foreign support order to the formula supplied by this section should assure that all children will have equal ability to obtain their share of child support.
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 2 - JURISDICTION (§§ 14-5-201 — 14-5-211) › Section 14-5-209 - Credit for payment

A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state, or a foreign country.
Amended by 2015 Ch. 173, §11, eff. 7/1/2015.
L. 93: Entire article R&RE, p. 1588, § 1, effective 1/1/1995. L. 2003: Entire section amended, p. 1248, § 9, effective 7/1/2004. L. 2015: Entire section amended, (HB 15-1198), ch. 173, p. 549, § 11, effective July 1.
COMMENT
The issuing tribunal is ultimately responsible for the overall control of the enforcement methods employed and for accounting for the payments made on its order from multiple sources. Until that scheme is fully in place, however, it will be necessary to continue to mandate pro tanto credit for actual payments made against all existing orders. The addition to include a foreign support order in the calculation should assure all payments of support are properly credited. This section does not attempt to impact the way support paid in an individual case is apportioned or distributed between the obligee and one or more states asserting a claim to the monies.
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 2 - JURISDICTION (§§ 14-5-201 — 14-5-211) › Section 14-5-211 - Continuing, exclusive jurisdiction to modify spousal-support order

(a)
A tribunal of this state issuing a spousal-support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal-support order throughout the existence of the support obligation.
(b)
A tribunal of this state may not modify a spousal-support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(c)
A tribunal of this state that has continuing, exclusive jurisdiction over a spousal-support order may serve as:
(1)
An initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in this state; or
(2)
A responding tribunal to enforce or modify its own spousal-support order.
Amended by 2015 Ch. 173, §13, eff. 7/1/2015.
L. 2003: Entire section added, p. 1248, § 10, effective 7/1/2004. L. 2015: (b) amended, (HB 15-1198), ch. 173, p. 550, § 13, effective July 1.
OFFICIAL COMMENT
The amendment to subsection (b) ensures that the restriction on modification of an out-of-state spousal-support order extends to a foreign order. At the same time, subsection (b) provides that the question of continuing, exclusive jurisdiction be resolved under the law of the issuing tribunal. Thus, if a foreign spousal- support order were subject to modification in another country by the law of the issuing tribunal, this section would permit modification in a tribunal of this state.
Related to Convention:
art. 2. Scope.
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 3 - CIVIL PROVISIONS OF GENERAL APPLICATION (§§ 14-5-301 — 14-5-319) › Section 14-5-302 - Proceeding by minor parent

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
L. 93: Entire article R&RE, p. 1588, § 1, effective 1/1/1995.
This section is similar to former § 14-5-114 as it existed prior to 1993.
COMMENT
A minor parent may maintain a proceeding under UIFSA without the appointment of a guardian ad litem, even if the law of the forum jurisdiction requires a guardian for an in-state case. If a guardian or legal representative has been appointed, he or she may act on behalf of the minor's child in seeking support.
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 3 - CIVIL PROVISIONS OF GENERAL APPLICATION (§§ 14-5-301 — 14-5-319) › Section 14-5-303 - Application of law of this state

Except as otherwise provided in this article, a responding tribunal of this state shall:
(1)
Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and
(2)
Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
L. 93: Entire article R&RE, p. 1589, § 1, effective 1/1/1995. L. 2003: Entire section amended, p. 1250, § 12, effective 7/1/2004.
COMMENT
Historically states have insisted that forum law be applied to support cases whenever possible. This continues to be a key principle of UIFSA. In general, a responding tribunal has the same powers in a proceeding involving parties in a case with interstate or international effect as it has in an intrastate case. This inevitably means that the act is not self-contained; rather, it is supplemented by the forum's statutes and procedures governing support orders. To insure the efficient processing of the huge number of interstate support cases, it is vital that decision makers apply familiar rules of law to the maximum degree possible. This must be accomplished in a manner consistent with the overriding principle of UIFSA that enforcement is of the issuing tribunal's order, and that the responding state does not make the order its own as a condition of enforcing it.
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 3 - CIVIL PROVISIONS OF GENERAL APPLICATION (§§ 14-5-301 — 14-5-319) › Section 14-5-306 - Inappropriate tribunal

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
Amended by 2015 Ch. 173, §17, eff. 7/1/2015.
L. 93: Entire article R&RE, p. 1590, § 1, effective 1/1/1995. L. 97: Entire section amended, p. 537, § 8, effective July 1. L. 2003: Entire section amended, p. 1251, § 15, effective 7/1/2004. L. 2015: Entire section amended, (HB 15-1198), ch. 173, p. 551, § 17, effective July 1.
COMMENT
If a [petition] or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the [petitioner] where and when the pleading was sent. A tribunal receiving UIFSA documents in error is to forward the original documents to their proper destination without undue delay. This section was originally intended to apply both to initiating and responding tribunals receiving such documents, but the practical elimination of the role of initiating tribunals under modern practice now limits the notice requirement to the petitioner, i.e., the individual party or support enforcement agency, that filed (or misfiled) the document directly. For example, if a tribunal is inappropriately designated as the responding tribunal, it shall forward the petition to the appropriate responding tribunal wherever located, if known, and notify the petitioner of its action. Such a procedure is much to be preferred to returning the documents to the petitioner to begin the process anew.
Cooperation of this sort will facilitate the ultimate goals of the act. Although by its terms this section applies only to a tribunal of this state, it can be anticipated that the support enforcement agency will also assist in transferring documents to the appropriate tribunal. Note the section does not contemplate that a state tribunal will forward documents to a tribunal in a foreign country.
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 3 - CIVIL PROVISIONS OF GENERAL APPLICATION (§§ 14-5-301 — 14-5-319) › Section 14-5-308 - Duty of attorney general

(a)
If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this article or may provide those services directly to the individual.
(b)
The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
Amended by 2015 Ch. 173, §19, eff. 7/1/2015.
L. 93: Entire article R&RE, p. 1591, § 1, effective 1/1/1995. L. 2003: Entire section amended, p. 1252, § 17, effective 7/1/2004. L. 2015: (b) amended, (HB 15-1198), ch. 173, p. 551, § 19, effective July 1.
This section is similar to former § 14-5-113 as it existed prior to 1993.
COMMENT
Subsection (b) makes clear that a state has a variety of options in determining the international scope of its IV-D support enforcement program. Of course, a federal declaration that a foreign jurisdiction is a reciprocating country or political subdivision is controlling.
See
Section 102(5)(A). However, each state may designate an official with authority to make a statewide, binding determination recognizing a foreign country, foreign nation state, or political subdivision as having a reciprocal arrangement with that state.
See
Section 102(5)(B).
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 3 - CIVIL PROVISIONS OF GENERAL APPLICATION (§§ 14-5-301 — 14-5-319) › Section 14-5-309 - Private counsel

An individual may employ private counsel to represent the individual in proceedings authorized by this article.
L. 93: Entire article R&RE, p. 1591, § 1, effective 1/1/1995.
COMMENT
The right of a party to retain private counsel in a proceeding brought under UIFSA is explicitly recognized. The failure to clearly recognize that power under the prior uniform acts led to confusion and inconsistent decisions. The Convention implicitly recognizes that the right to employ an attorney is to be available in every Convention country, but does not explicitly mention retaining private counsel. A "competent authority" in Convention terminology is equivalent to a tribunal.
Related to Convention:
art. 37. Direct requests to competent 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 3 - CIVIL PROVISIONS OF GENERAL APPLICATION (§§ 14-5-301 — 14-5-319) › Section 14-5-310 - Duties of state information agency

(a)
The state department of human services is the state information agency under this article.
(b)
The state information agency shall:
(1)
Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this article and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;
(2)
Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;
(3)
Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this article received from another state or a foreign country; and
(4)
Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.
Amended by 2015 Ch. 173, §20, eff. 7/1/2015.
L. 93: Entire article R&RE, p. 1591, § 1, effective 1/1/1995. L. 94: (a) amended, p. 2644, § 102, effective July 1. L. 2003: (b)(2) and (b)(3) amended, p. 1252, § 18, effective 7/1/2004. L. 2015: (b)(3) amended, (HB 15-1198), ch. 173, p. 551, § 20, effective July 1.
This section is similar to former § 14-5-118 as it existed prior to 1993.
COMMENT
Subsection (a) identifies the state information agency.
Subsection (b) details the duties of that agency insofar as interstate proceedings are concerned. Subsection (b)(4) does not provide independent access to the information sources or to the governmental documents listed. Because states have different requirements and limitations concerning such access based on differing views of the privacy interests of individual citizens, the agency is directed to use all lawful means under the relevant state law to obtain and disseminate information.
For the legislative declaration contained in the 1994 act amending subsection (a), 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 5 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 14-5-101 — 14-5-1007) › Part 3 - CIVIL PROVISIONS OF GENERAL APPLICATION (§§ 14-5-301 — 14-5-319) › Section 14-5-312 - Nondisclosure of information in exceptional circumstances

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information shall be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
L. 93: Entire article R&RE, p. 1592, § 1, effective 1/1/1995. L. 2003: Entire section amended, p. 1253, § 20, effective 7/1/2004.
COMMENT
UIFSA (1992) recognized that enforcement of child support across state lines might have an unintended consequence of putting a party or child at risk if domestic violence was involved in the past. This section is a substantial revision of the statutory formulation originally developed in UIFSA (1992). It conforms to the comparable provision in the Uniform Child Custody Jurisdiction and Enforcement Act Section 209. Public awareness of and sensitivity to the dangers of domestic violence has significantly increased since interstate enforcement of support originated. This section authorizes confidentiality in instances where there is a risk of domestic violence or child abduction. Section 712,
infra
, incorporates language from the Convention to restrict dissemination of personal jurisdiction to protect victims of domestic violence.
Although local law generally governs the conduct of the forum tribunal, state law may not provide for maintaining secrecy about the exact whereabouts of a litigant or other information ordinarily required to be disclosed under state law, i.e., Social Security number of the parties or the child. If so, this section creates a confidentiality provision that is particularly appropriate in light of the intractable problems associated with interstate parental kidnapping,
see
the Parental Kidnapping Prevention Act (PKPA),
28 U.S.C. §1738A
.
Related to Convention:
art. 38. Protection of personal data; art. 39. Confidentiality; art. 40. Non-disclosure of information.
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 3 - CIVIL PROVISIONS OF GENERAL APPLICATION (§§ 14-5-301 — 14-5-319) › Section 14-5-313 - Costs and fees

(a)
The petitioner may not be required to pay a filing fee or other costs.
(b)
If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.
(c)
The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under part 6 of this article, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
Amended by 2015 Ch. 173, §22, eff. 7/1/2015.
L. 93: Entire article R&RE, p. 1592, § 1, effective 1/1/1995. L. 2003: (c) amended, p. 1253, § 21, effective 7/1/2004. L. 2015: (b) amended, (HB 15-1198), ch. 173, p. 552, § 22, effective July 1.
This section is similar to former § 14-5-116 as it existed prior to 1993.
COMMENT
Subsection (a) permits either party, i.e., as petitioner, to file without payment of a filing fee or other costs. This provision dates back to UIFSA (1992) when the term "unfunded mandate" was basically unknown.
Subsection (b), however, provides that only the support obligor may be assessed the authorized costs and fees by a tribunal. Federal law permits a state support enforcement agency to charge limited fees and to recover administrative costs from applicants for Title IV-D services, but many states have opted not to do so, or only to seek recovery from the obligor.
Subsection (c) provides a sanction to deal with a frivolous contest regarding compliance with an interstate withholding order, registration of a support order, or comparable delaying tactics regarding an appropriate enforcement remedy.
Related to Convention:
art. 14. Effective access to procedures; art. 43. Recovery of costs.
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 3 - CIVIL PROVISIONS OF GENERAL APPLICATION (§§ 14-5-301 — 14-5-319) › Section 14-5-314 - Limited immunity of petitioner

(a)
Participation by a petitioner in a proceeding under this article before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(b)
A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this article.
(c)
The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this article committed by a party while physically present in this state to participate in the proceeding.
L. 93: Entire article R&RE, p. 1593, § 1, effective 1/1/1995. L. 2003: (a) and (c) amended, p. 1254, § 22, effective 7/1/2004.
COMMENT
Under subsection (a), direct or indirect participation in a UIFSA proceeding does not subject a petitioner to an assertion of personal jurisdiction over the petitioner by the forum state in other litigation between the parties. The primary object of this prohibition is to preclude joining disputes over child custody and visitation with the establishment, enforcement, or modification of child support. This prohibition strengthens the ban on visitation litigation established in Section 305(d). A petition for affirmative relief under UIFSA limits the jurisdiction of the tribunal to the boundaries of the support proceeding. In sum, proceedings under UIFSA are not suitable vehicles for the relitigation of all of the issues arising out of a foreign divorce or custody case. Only enforcement or modification of the support portion of such decrees or orders are relevant. Other issues, such as custody and visitation, or matters relating to other aspect of the divorce decree, are collateral and have no place in a UIFSA proceeding.
Subsection (b) grants a litigant a variety of limited immunity from service of process during the time that party is physically present in a state for a UIFSA proceeding. The immunity provided is in no way comparable to diplomatic immunity, however, which should be clear from reading subsection (c) in conjunction with the other subsections.
Subsection (c) does not extend immunity to civil litigation unrelated to the support proceeding which stems from contemporaneous acts committed by a party while present in the state for the support litigation. For example, a petitioner involved in an automobile accident or a contract dispute over the cost of lodging while present in the state does not have immunity from a civil suit on those issues.
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 3 - CIVIL PROVISIONS OF GENERAL APPLICATION (§§ 14-5-301 — 14-5-319) › Section 14-5-315 - Nonparentage as defense

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this article.
L. 93: Entire article R&RE, p. 1593, § 1, effective 1/1/1995.
This section is similar to former § 14-5-128 as it existed prior to 1993.
COMMENT
Arguably this section does no more than restate the basic principle of res judicata. However, there is a great variety of state law regarding presumptions of parentage and available defenses after a prior determination of parentage. As long as a proceeding is brought in an appropriate forum, this section is intended neither to discourage nor encourage collateral attacks in situations in which the law of another jurisdiction is at significant odds with local law. If a collateral attack on a parentage decree is permissible under the law of the issuing jurisdiction, such a proceeding must be pursued in that forum and not in a UIFSA proceeding.
This section mandates that a parentage decree rendered by another tribunal "pursuant to law" is not subject to collateral attack in a UIFSA proceeding. Of course, an attack on an alleged final order based on a fundamental constitutional defect in the parentage decree is permissible in the forum state. For example, a responding tribunal may find that another tribunal acted unconstitutionally by denying a party due process due to a failure of notice and opportunity to be heard or a lack of personal jurisdiction over a party who did not answer or appear. Insofar as the latter ground is concerned, the universal enactment of the long-arm statute asserting personal jurisdiction over a respondent if the child "may have been conceived" in the forum state may greatly reduce successful attacks on a parentage determination.
See
Section 201(a)(6).
Similarly, the law of the issuing state or foreign country may provide for a determination of parentage based on certain specific acts of the obligor, such as voluntarily acknowledging parentage as a substitute for a decree. UIFSA also is neutral regarding a collateral attack on such a parentage determination filed in the issuing tribunal. In the meantime, however, the responding tribunal must give effect to such an act of acknowledgment of parentage if it is recognized as determinative in the issuing state or foreign country. The consistent theme is that a collateral attack on a parentage determination cannot be made in a UIFSA proceeding other than on fundamental due-process grounds.
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 3 - CIVIL PROVISIONS OF GENERAL APPLICATION (§§ 14-5-301 — 14-5-319) › Section 14-5-317 - Communications between tribunals

A tribunal of this state may communicate with a tribunal outside this state in a record, or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
Amended by 2015 Ch. 173, §24, eff. 7/1/2015.
L. 93: Entire article R&RE, p. 1594, § 1, effective 1/1/1995. L. 2003: Entire section amended, p. 1254, § 24, effective 7/1/2004. L. 2015: Entire section amended, (HB 15-1198), ch. 173, p. 553, § 24, effective July 1.
COMMENT
This section explicitly authorizes a state tribunal to communicate with a tribunal of another state, foreign country, or in a foreign nation state not defined as a foreign country. It was derived from UCCJA § 110 authorizing such communications to facilitate a fully informed decision. The amendment in UIFSA (2008) not only expands the authorization to worldwide scope, i.e., "outside this state," but specifically adds email to the select modes of communication. Broad cooperation by tribunals is strongly encouraged in order to expedite establishment and enforcement of a support order. American judges are very familiar with this procedure. It remains to be seen whether overseas communication between judges will be received with similar cooperation.
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 3 - CIVIL PROVISIONS OF GENERAL APPLICATION (§§ 14-5-301 — 14-5-319) › Section 14-5-318 - Assistance with discovery

A tribunal of this state may:
(1)
Request a tribunal outside this state to assist in obtaining discovery; and
(2)
Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
Amended by 2015 Ch. 173, §25, eff. 7/1/2015.
L. 93: Entire article R&RE, p. 1594, § 1, effective 1/1/1995. L. 2015: Entire section amended, (HB 15-1198), ch. 173, p. 553, § 25, effective July 1.
COMMENT
This section takes a logical step to facilitate interstate and international cooperation by enlisting the power of the forum to assist a tribunal of another state or country with the discovery process. The grant of authority is quite broad, enabling the tribunal of the enacting state to fashion its remedies to facilitate discovery consistent with local practice.
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 4 - ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF PARENTAGE (§§ 14-5-401 — 14-5-402) › Section 14-5-401 - Establishment of support order

(a)
If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
(1)
The individual seeking the order resides outside this state; or
(2)
The support enforcement agency seeking the order is located outside this state.
(b)
The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(1)
A presumed father of the child;
(2)
Petitioning to have his paternity adjudicated;
(3)
Identified as the father of the child through genetic testing;
(4)
An alleged father who has declined to submit to genetic testing;
(5)
Shown by clear and convincing evidence to be the father of the child;
(6)
An acknowledged father as provided by section
19-4-105(1)(e)
, C.R.S.;
(7)
The mother of the child; or
(8)
An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(c)
Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section
14-5-305
.
Entire part 4 amended by 2015 Ch. 173,§ 27, eff. 7/1/2015.
This section is similar to former § 14-5-105 as it existed prior to 1993.
COMMENT
This section authorizes a responding tribunal of this state to issue temporary and permanent support orders binding on an obligor over whom the tribunal has personal jurisdiction when the person or entity requesting the order is "outside this state," i.e., anywhere else in the world. UIFSA does not permit such orders to be issued when another support order entitled to recognition exists, thereby prohibiting a second tribunal from establishing another support order and the accompanying continuing, exclusive jurisdiction over the matter.
See
Sections 205 and 206.
Related to Convention:
art. 11. Application contents; art. 14. Effective access to procedures; art. 15. Free legal assistance for child support applications; art. 16. Declaration to permit use of child-centered means test; art. 17. Applications not qualifying under 15 or 16; art. 20. Bases for recognition and enforcement; art. 25. Documents; art. 27. Findings of fact; art. 28. No review of the merits; art. 37. Direct requests to competent authorities; art. 56. Transitional provisions.
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 4 - ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF PARENTAGE (§§ 14-5-401 — 14-5-402) › Section 14-5-402 - Proceeding to determine parentage

A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this article or a law or procedure substantially similar to this article.
Added by 2015 Ch. 173,§ 27, eff. 7/1/2015.
L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 554, § 27, effective July 1.
COMMENT
This article authorizes a "pure" parentage action in the interstate context, i.e., an action not joined with a claim for support. The mother, an alleged father of a child, or a support enforcement agency may bring such an action. Typically an action to determine parentage across a state line or international border will also seek to establish a support order.
See
Section 401. An action to establish parentage under UIFSA is to be treated identically to such an action brought in the responding state.
In a departure from the rest of this act, in UIFSA (2001) the term "tribunal" was replaced by "court" in this section. The several states have a variety of combinations of judicial or administrative entities that are authorized to establish, enforce, and modify a child-support order. Because the Uniform Parentage Act (UPA) (2000) § 104 restricts parentage determinations to "a court,"
see
UPA (2000) § 104, the drafters took the view that only a judicial officer should determine parentage as a matter of public policy. This conclusion was in error insofar as some states are concerned and is reversed in this iteration of the act.
Related to Convention:
art. 2. Scope; art. 6. Specific functions of Central Authorities; art. 10. Available applications.
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 14-5-503 - Employer's compliance with two or more income-withholding orders

If an obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.
L. 97: Entire part amended with relocations, p. 540, § 11, effective July 1. L. 2003: Entire section amended, p. 1256, § 29, effective 7/1/2004.
COMMENT
Consistent with the act's general problem-solving approach, the employer is directed to deal with multiple income orders for multiple families in the same manner as required by local law for orders of the forum state.
In addition to income withholding orders issued by tribunals of other states, state support enforcement agencies may also issue income withholding orders to enforce foreign child-support orders.