2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-106 - Default - issuance of establishment order of default - filing of order with district court - rules

(1)
(a)
If an APA-respondent fails to appear for a currently scheduled negotiation conference, the delegate child support enforcement unit shall issue an order of default in accordance with the notice of financial responsibility.
(b)
In an action to establish paternity and financial responsibility, the delegate child support enforcement unit shall issue an order of default establishing paternity and financial responsibility in accordance with the notice of financial responsibility if:
(I)
The APA-respondent fails to appear for the initial negotiation conference as scheduled in the notice of financial responsibility and fails to reschedule a negotiation conference prior to the date and time stated in the notice of financial responsibility; or
(II)
The APA-respondent fails to take a genetic test or fails to appear for an appointment to take a genetic test without good cause; or
(III)
The results of the genetic test indicate a ninety-seven percent or greater probability that the alleged father is the father of the child, and the APA-respondent fails to appear for the negotiation conference as scheduled in the notice of financial responsibility and fails to reschedule a negotiation conference prior to the date and time stated in the notice of financial responsibility.
(b.5)
The state board shall promulgate rules defining what constitutes good cause for failure to appear at a negotiation conference.
(c)
The court shall approve the order of default, which must include the following:
(I)
The amount of the monthly support obligation and instructions on the manner in which it must be paid;
(II)
The amount of child support debt due and owing to the state department and instructions on the manner in which it must be paid;
(III)
The amount of arrearages due and owing and instructions on the manner in which it must be paid;
(IV)
The name of the child's custodian and the name and birth date of the child for whom support is being sought;
(V)
The information required by section
14-14-111.5 (2)
;
(VI)
In a default order establishing paternity, a statement that the obligor has been determined to be the parent of the child;
(VII)
Such other information set forth in rules promulgated pursuant to section
26-13.5-113
.
(d)
The order for default may direct the obligor to pay for support of the child, in an amount determined by the court or delegate child support enforcement unit to be reasonable under the circumstances, for a time period prior to the month the child support obligation begins in the order establishing financial responsibility and parentage.
(e)
To approve the default order, the court shall confirm that:
(I)
The default order and all other documents required to be filed with the court pursuant to this section were in fact filed with the court; and
(II)
Notice was served on the APA-respondent or a waiver of service was executed by the APA-respondent pursuant to section
26-13.5-104
.
(f)
In approving a default order, the court shall not:
(I)
Recalculate the amount of any child support obligation contained in the APA order;
(II)
Schedule or conduct a court hearing; or
(III)
Require the filing of additional documents with the court.
(g)
(I)
If the court has not approved or denied approval of the default order within thirty-six days after filing with the court, the delegate child support enforcement unit shall notify the court that the deadline for approval or denial is in seven days on the forty-second day.
(II)
The court may conduct a judicial review of the order pursuant to section
26-13.5-107
.
(2)
A copy of any default order issued pursuant to subsection (1) of this section, along with proof of service, and, in the case of a default order establishing paternity and financial responsibility pursuant to subsection (1)(b) of this section, the APA-petitioner's verified affidavit regarding paternity and the genetic test results, if any, shall be filed with the court. Before filing with the court, a supervisor, administrator, attorney, or director of a county department of human or social services shall review the order and other documents. The clerk shall stamp the date of receipt of the copy of the default order and shall assign the order a case number. The default order has all the force, effect, and remedies of an order of the court, including, but not limited to, wage assignments issued prior to July 1, 1996, or income assignments issued thereafter or contempt of court. Execution may be issued on the order in the same manner and with the same effect as if it were an order of the court. In order to enforce a judgment based on an order issued pursuant to this article 13.5, the judgment creditor shall file with the court a verified entry of judgment specifying the period of time that the judgment covers and the total amount of the judgment for that period. Notwithstanding the provisions of this subsection (2), a court order for judgment or verified entry of judgment is not required in order for the child support enforcement units to certify past-due amounts of child support to the internal revenue service or state department of revenue for purposes of intercepting a federal or state tax refund.
Amended by 2023 Ch. 330,§ 19, eff. 9/1/2023.
Amended by 2023 Ch. 330,§ 18, eff. 7/1/2023.
Amended by 2021 Ch. 212, § 9, eff. 7/1/2021.
Amended by 2018 Ch. 389, § 8, eff. 7/1/2019.
L. 89: Entire article added, p. 1243, § 1, effective 4/1/1990. L. 90: IP(1) and (2) amended, p. 898, § 23, effective July 1. L. 92: (1) and (2) amended, p. 185, § 7, effective August 1; entire section amended, p. 215, § 19, effective August 1. L. 94: (1) amended, p. 1545, § 23, effective May 31. L. 96: (1)(c)(V) and (2) amended, p. 620, § 28, effective July 1. L. 97: (1)(b)(II), (1)(b)(III), and (2) amended, p. 564, § 17, effective July 1. L. 2018: Entire section amended, (HB 18-1363), ch. 2329, p. 2329, § 8, effective 7/1/2019. L. 2021: (1)(c)(V) amended, (HB 21-1220), ch. 1130, p. 1130, § 9, effective July 1.
Amendments to this section by House bill 92-1214 and House Bill 92-1232 were harmonized.