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 26-13.5-103 - [Effective until 8/7/2024] Notice of financial responsibility issued - contents

(1)
The delegate child support enforcement unit shall issue a notice of financial responsibility to the APA-respondent who is the obligee or an obligor who owes a child support debt or who is responsible for the support of a child or to the custodian of a child who is receiving support enforcement services from the delegate child support enforcement unit pursuant to article
13
of this title 26. If the obligor has applied for child support services, the notice must be served on the obligee. The notice must advise the APA-respondent:
(a)
That the APA-respondent is required to appear on the date and at the time and location stated in the notice for a negotiation conference, or, if the negotiation conference is continued, the date and time of the currently scheduled negotiation conference to establish a child support obligation;
(a.3)
That, if the APA-petitioner fails to appear for the currently scheduled negotiation conference, the delegate child support enforcement unit may proceed to establish an APA order or take such other action as appropriate under the law;
(a.5)
That a party may contest paternity and obtain genetic testing if paternity of the child has not already been established by court or administrative order or determined pursuant to the laws of another state and a request for genetic tests will not prejudice a party in matters concerning allocation of parental responsibilities pursuant to section
14-10-124
(1.5), and that, if genetic tests are not obtained prior to the legal establishment of paternity and submitted into evidence prior to the entry of the final order establishing paternity, the genetic tests may not be allowed into evidence at a later date;
(b)
That the delegate child support enforcement unit shall issue an order of default setting forth the child support obligations if the APA-respondent:
(I)
Fails to appear for the negotiation conference as scheduled in the notice; and
(II)
Fails to reschedule a negotiation conference prior to the date and time of the currently scheduled negotiation conference; and
(III)
Fails to send the delegate child support enforcement unit a written request for a court hearing prior to the currently scheduled negotiation conference;
(b.5)
That, if the notice is issued for the purpose of establishing the paternity of and financial responsibility for a child, the delegate child support enforcement unit shall issue an order of default establishing paternity and setting forth the amount of the obligor's duty of support, 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 fails to appear for the currently scheduled negotiation conference; 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 currently scheduled negotiation conference;
(c)
(Deleted by amendment, L. 92, p. 213, § 17, effective August 1, 1992.)
(d)
That the order of default shall be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued; that, as soon as the order of default is filed, it shall have 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; and that 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;
(e)
That a judgment may be entered on the order of financial responsibility issued pursuant to this article, and that if a judgment is not entered on the order of financial responsibility and needs to be enforced, 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 and that, notwithstanding the provisions of this paragraph (e), no court order for judgment nor verified entry of judgment shall be required in order for the county and state 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;
(f)
The name of the custodian of the child on whose behalf support is being sought and the name and birth date of such child;
(g)
That the amount of the monthly support obligation shall be based upon the child support guidelines as set forth in section
14-10-115
, C.R.S.;
(h)
That, in calculating the amount of monthly support obligation pursuant to the child support guidelines as set forth in section
14-10-115
, C.R.S., the delegate child support enforcement unit shall set the monthly support obligation based upon reliable information concerning the parents' income, which may include wage statements or other wage information obtained from the department of labor and employment, tax records, and verified statements and other information provided by the parents and that, in the absence of any such information, the delegate child support enforcement unit may set the monthly support obligation based on the current minimum wage for a forty-hour workweek;
(i)
That the delegate child support enforcement unit may issue an administrative subpoena to obtain income information;
(i.5)
That the court or delegate child support enforcement unit may enter an order directing the obligor to pay for support of the child, in an amount as may be determined by the court or delegate child support enforcement unit to be reasonable under the circumstances, for a time period prior to the entry of an order establishing paternity or for a time period prior to the entry of the support order established pursuant to section
19-6-104
, C.R.S.;
(j)
The amount of the child support debt accrued and accruing;
(k)
The amount of arrears or arrearages which have accrued under an administrative or a court order for support;
(l)
That the costs of collection, as defined in section
26-13.5-102 (4)
, may be assessed against and collected from the APA-respondent;
(m)
If applicable, that foster care maintenance may be collected against the obligor;
(n)
The interest rate on any support payments which are not made on time;
(o)
That the APA-respondent may assert the following objections in the negotiation conference and that, if such objections are not resolved, the delegate child support enforcement unit shall schedule a court hearing pursuant to section
26-13.5-105 (3)
:
(I)
That neither the APA-petitioner nor the APA-respondent is the parent of the dependent child; except that, if parentage has been previously determined by or pursuant to the law of another state, the APA-petitioner and APA-respondent are advised that any challenge to the determination of parentage must be resolved in the state where the determination of parentage was made;
(II)
That the dependent child has been adopted by a person other than the APA-respondent;
(III)
That the dependent child is emancipated; or
(IV)
That there is an existing court or administrative order of support as to the monthly support obligation;
(p)
That the duty to provide medical support shall be established under this article in accordance with section
14-10-115
, C.R.S.;
(q)
That an administrative order issued pursuant to this article may also be modified under this article;
(r)
That the APA-petitioner and APA-respondent are responsible for notifying the delegate child support enforcement unit of any change of address or employment within ten days of such change;
(r.5)
That the APA-respondent may opt out of the administrative process action and have all issues decided by a court by delivering to the delegate child support enforcement unit prior to the date and time of the currently scheduled negotiation conference a written request for a court hearing;
(s)
That, if the APA-petitioner or APA-respondent has any questions, the APA-petitioner or APA-respondent should telephone, e-mail, or visit the delegate child support enforcement unit;
(t)
That the APA-petitioner or APA-respondent has the right to consult an attorney and the right to be represented by an attorney at the negotiation conference; and
(u)
Such other information as set forth in rules and regulations promulgated pursuant to section
26-13.5-113
.
Amended by 2023 Ch. 330,§ 14, eff. 7/1/2023.
Amended by 2023 Ch. 330,§ 13, eff. 7/1/2023.
Amended by 2018 Ch. 389, § 5, eff. 7/1/2019.
L. 89: Entire article added, p. 1239, § 1, effective 4/1/1990. L. 90: IP(1), IP(1)(b), (1)(b)(I), (1)(b)(II), and (1)(m) amended, p. 896, § 20, effective July 1. L. 91: (1)(c) amended, p. 257, § 22, effective July 1. L. 92: (1)(b.5) added and (1)(c) and (1)(e) amended, pp. 184, 213, §§ 5, 17, effective August 1. L. 94: (1)(b.5) amended and (1)(i.5) added, p. 1544, § 21, effective May 31. L. 96: (1)(d) amended, p. 618, § 26, effective July 1. L. 97: (1)(b.5)(II) and (1)(b.5)(III) amended, p. 564, § 16, effective July 1. L. 2005: (1)(a.5) added, p. 380, § 10, effective 1/1/2006. L. 2006: (1)(h) amended, p. 517, § 6, effective August 7. L. 2007: (1)(p) amended, p. 109, § 7, effective March 16. L. 2011: (1)(o)(I) amended, (SB 11 -123), ch. 46, p. 121, § 10, effective August 10. L. 2018: IP(1), (1)(a), (1)(a.5), (1)(b), (1)(b.5), (1)(f), (1)(l), (1)(o), (1)(r), (1)(s), and (1)(t) amended and (1)(a.3) and (1)(r.5) added, (HB 18-1363), ch. 389, p. 2325, § 5, effective 7/1/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.