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Colorado Senate Bill SB173

Colorado 2023 Regular Session

Colorado Senate Bill SB173 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0861.01 Amber Paoloemilio x5497
18 SENATE BILL 23-173
2-BY SENATOR(S) Fields and Liston, Buckner, Gardner, Ginal, Hansen,
3-Lundeen, Marchman, Pelton R., Priola, Smallwood;
4-also REPRESENTATIVE(S) Bradley and Joseph, Bacon, Dickson, Duran,
5-English, Epps, Froelich, Gonzales-Gutierrez, Hamrick, Jodeh, Kipp,
6-Lindsay, McCormick, McLachlan, Michaelson Jenet, Pugliese, Ricks,
7-Valdez, McCluskie.
9+Senate Committees House Committees
10+Health & Human Services Public & Behavioral Health & Human Services
11+Appropriations Appropriations
12+A BILL FOR AN ACT
813 C
9-ONCERNING RECOMMENDATIONS OF THE COLORADO CHILD SUPPORT
10-COMMISSION
11-.
12-Be it enacted by the General Assembly of the State of Colorado:
13-SECTION 1. In Colorado Revised Statutes, 14-10-115, amend
14-(2)(a) as follows:
15-14-10-115. Child support guidelines - purpose - determination
16-of income - schedule of basic child support obligations - adjustments to
17-basic child support - additional guidelines - child support commission
18-- definitions. (2) Duty of support - factors to consider. (a) In a
19-proceeding for dissolution of marriage, legal separation, maintenance, or
20-child support, the court may order either or both parents owing a duty of
21-support to a child of the marriage to pay an amount reasonable or necessary
22-NOTE: This bill has been prepared for the signatures of the appropriate legislative
23-officers and the Governor. To determine whether the Governor has signed the bill
24-or taken other action on it, please consult the legislative status sheet, the legislative
25-history, or the Session Laws.
26-________
27-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28-through words or numbers indicate deletions from existing law and such material is not part of
29-the act. for the child's support and may order an amount determined to be
30-reasonable under the circumstances for a time period that occurred after the
31-date of the parties' physical separation or the filing of the petition or service
32-upon the respondent, whichever date is latest, and prior to the entry of the
33-support order MONTH THE CHILD SUPPORT OBLIGATION BEGINS , without
34-regard to marital misconduct.
35-SECTION 2. In Colorado Revised Statutes, 14-10-115, amend
36-(4)(a); and add (4)(c) and (14)(c) as follows:
37-14-10-115. Child support guidelines - purpose - determination
38-of income - schedule of basic child support obligations - adjustments to
39-basic child support - additional guidelines - child support commission
40-- definitions. (4) Forms - identifying information - advisement. (a) The
41-child support guidelines shall
42- MUST be used with standardized child support
43-guideline forms to be issued by the judicial department. The judicial
44-department is responsible for promulgating and updating the Colorado child
45-support guideline forms, schedules, worksheets, and
46- instructions, AND
47-ADVISEMENTS
48-.
14+ONCERNING RECOMMENDATIONS OF THE COLORADO CHILD SUPPORT101
15+COMMISSION.102
16+Bill Summary
17+(Note: This summary applies to this bill as introduced and does
18+not reflect any amendments that may be subsequently adopted. If this bill
19+passes third reading in the house of introduction, a bill summary that
20+applies to the reengrossed version of this bill will be available at
21+http://leg.colorado.gov
22+.)
23+The bill enacts recommendations from the state child support
24+commission (commission), including the following:
25+! Requires that parents share the child's health
26+insurance coverage information with each other and
27+provides a time frame for parents to seek
28+reimbursement for extraordinary medical expenses,
29+HOUSE
30+3rd Reading Unamended
31+May 6, 2023
32+HOUSE
33+Amended 2nd Reading
34+May 3, 2023
35+SENATE
36+3rd Reading Unamended
37+April 12, 2023
38+SENATE
39+Amended 2nd Reading
40+April 11, 2023
41+SENATE SPONSORSHIP
42+Fields and Liston, Buckner, Gardner, Ginal, Hansen, Lundeen, Marchman, Pelton R.,
43+Priola, Smallwood
44+HOUSE SPONSORSHIP
45+Bradley and Joseph, Bacon, Dickson, Duran, English, Epps, Froelich, Gonzales-Gutierrez,
46+Hamrick, Jodeh, Kipp, Lindsay, McCluskie, McCormick, McLachlan, Michaelson Jenet,
47+Pugliese, Ricks, Valdez
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing law.
50+Dashes through the words or numbers indicate deletions from existing law. including mental health expenses;
51+! Requires verbal and written advisement to parents and
52+caretakers when child support orders are entered or
53+modified and provides information to parents on child
54+support law;
55+! Addresses penalties for fraud and failure to follow income
56+withholding orders by reinstating a $1,000 fine for the
57+issuance of a fraudulent income withholding order and
58+authorizes judgment to be issued against an employer that
59+willfully refuses to comply with an income withholding
60+order for child support;
61+! Excludes funeral or burial expenses from life insurance
62+settlements relating to past-due child support and requires
63+burial costs to be covered;
64+! Requires appointment of 2 obligors and 2 obligees to the
65+commission;
66+! Requires the commission, as part of its review, to evaluate
67+the following: Establishment of state practices, making
68+awards more equitable, and improving efficiency;
69+! Changes the income adjustment for maintenance to reflect
70+existing maintenance calculation and accounts for
71+tax-deductibility for some maintenance payments;
72+! Removes the requirement to order overdue debt in
73+temporary orders that will be recalculated in a permanent
74+order and enables caretaker overdue debt and monthly
75+support obligations to survive an order when the parties
76+marry each other;
77+! Enables retroactive support to be ordered through the
78+month the child support obligation begins and provides
79+continuity of retroactive support for orders that have future
80+commencement dates;
81+! Requires a parent to notify child support services and the
82+other parent, if applicable, when lump sum social security
83+payments for the child, based on the obligor's disability, are
84+received and ensures obligors receive credit on debt owed
85+for the benefits received; and
86+! Modifies the number of hours parents are expected to work
87+for the imputation of income to 32 hours a week and 50
88+weeks a year, and includes transportation as a barrier to be
89+considered when assessing if imputation of income is
90+appropriate.
91+Be it enacted by the General Assembly of the State of Colorado:1
92+173-2- SECTION 1. In Colorado Revised Statutes, 14-10-115, amend1
93+(2)(a) as follows:2
94+14-10-115. Child support guidelines - purpose - determination3
95+of income - schedule of basic child support obligations - adjustments4
96+to basic child support - additional guidelines - child support5
97+commission - definitions. (2) Duty of support - factors to consider.6
98+(a) In a proceeding for dissolution of marriage, legal separation,7
99+maintenance, or child support, the court may order either or both parents8
100+owing a duty of support to a child of the marriage to pay an amount9
101+reasonable or necessary for the child's support and may order an amount10
102+determined to be reasonable under the circumstances for a time period11
103+that occurred after the date of the parties' physical separation or the filing12
104+of the petition or service upon the respondent, whichever date is latest,13
105+and prior to the entry of the support order MONTH THE CHILD SUPPORT14
106+OBLIGATION BEGINS, without regard to marital misconduct.15
107+SECTION 2. In Colorado Revised Statutes, 14-10-115, amend16
108+(4)(a); and add (4)(c) and (14)(c) as follows:17
109+14-10-115. Child support guidelines - purpose - determination18
110+of income - schedule of basic child support obligations - adjustments19
111+to basic child support - additional guidelines - child support20
112+commission - definitions. (4) Forms - identifying information -21
113+advisement. (a) The child support guidelines shall MUST be used with22
114+standardized child support guideline forms to be issued by the judicial23
115+department. The judicial department is responsible for promulgating and24
116+updating the Colorado child support guideline forms, schedules,25
117+worksheets, and instructions, AND ADVISEMENTS.26
49118 (c) A
50-LL CHILD SUPPORT ORDERS ENTERED PURSUANT TO THIS
51-ARTICLE
52-10 MUST INCLUDE A WRITTEN ADVISEMENT TO THE PARTIES THAT
53-CONFORM WITH THE WRITTEN CHILD SUPPORT ADVISEMENT APPROVED BY
54-THE JUDICIAL BRANCH
55-, COVERING THE FOLLOWING TOPICS , IN PLAIN
56-LANGUAGE
57-:
119+LL CHILD SUPPORT ORDERS ENTERED PURSUANT TO THIS27
120+173
121+-3- ARTICLE 10 MUST INCLUDE A WRITTEN ADVISEMENT TO THE PARTIES THAT1
122+CONFORM WITH THE WRITTEN CHILD SUPPORT ADVISEMENT APPROVED BY2
123+THE JUDICIAL BRANCH, COVERING THE FOLLOWING TOPICS , IN PLAIN3
124+LANGUAGE:4
58125 (I) T
59-HAT A PARTY WHO DOES NOT PAY CHILD SUPPORT MAY BE
60-SUBJECT TO JUDICIAL AND ADMINISTRATIVE ENFORCEMENT REMEDIES AND
61-EXAMPLES OF THOSE REMEDIES
62-;
126+HAT A PARTY WHO DOES NOT PAY CHILD SUPPORT MAY BE5
127+SUBJECT TO JUDICIAL AND ADMINISTRATIVE ENFORCEMENT REMEDIES AND6
128+EXAMPLES OF THOSE REMEDIES ;7
63129 (II) T
64-HE OPERATION OF INCOME ASSIGNMENTS ;
130+HE OPERATION OF INCOME ASSIGNMENTS ;8
65131 (III) T
66-HE APPLICATION OF INTEREST ON ARREARS ;
132+HE APPLICATION OF INTEREST ON ARREARS ;9
67133 (IV) T
68-HE PARTIES' OBLIGATIONS CONCERNING PROOF OF PAYMENT ;
134+HE PARTIES' OBLIGATIONS CONCERNING PROOF OF PAYMENT ;10
69135 (V) T
70-HE BASIS FOR A MODIFICATION OR CHANGE OF SUPPORT ,
71-INCLUDING THE DEFINITION OF A SUBSTANTIAL AND CONTINUING CHANGE OF
72-CIRCUMSTANCES
73-;
74-PAGE 2-SENATE BILL 23-173 (VI) THE EFFECT OF AGREEMENTS TO MODIFY OR AMEND CHILD
75-SUPPORT AND THE REQUIREMENT FOR COURT AUTHORIZATION OR
76-ADMINISTRATIVE PROCESS ACTION OF ALL MODIFICATIONS OR AMENDMENTS
77-;
136+HE BASIS FOR A MODIFICATION OR CHANGE OF SUPPORT ,11
137+INCLUDING THE DEFINITION OF A SUBSTANTIAL AND CONTINUING CHANGE12
138+OF CIRCUMSTANCES;13
139+(VI) T
140+HE EFFECT OF AGREEMENTS TO MODIFY OR AMEND CHILD
141+14
142+SUPPORT AND THE REQUIREMENT FOR COURT AUTHORIZATION OR15
143+ADMINISTRATIVE PROCESS ACTION OF ALL MODIFICATIONS OR16
144+AMENDMENTS;17
78145 (VII) T
79-HE EFFECT OF EMANCIPATION; AND
80-(VIII) THE EFFECT OF SPOUSAL MAINTENANCE .
81-(14) Advisement to parties - annual exchange of information.
146+HE EFFECT OF EMANCIPATION; AND18
147+(VIII) T
148+HE EFFECT OF SPOUSAL MAINTENANCE .19
149+(14) Advisement to parties - annual exchange of information.20
82150 (c) I
83-N ANY STATUS CONFERENCE , ADMINISTRATIVE CONFERENCE , OR
84-HEARING IN WHICH CHILD SUPPORT IS AT ISSUE
85-, THE COURT OR THE
86-DELEGATE CHILD SUPPORT UNIT SHALL VERBALLY ADVISE THE PARTIES THAT
87-FAILURE TO PAY CHILD SUPPORT ORDERED BY THE COURT OR AS A RESULT OF
88-AN ADMINISTRATIVE PROCESS ACTION MAY RESULT IN ENFORCEMENT
89-ACTIONS AND THE ADDITION OF INTEREST ON ARREARS AND THAT AN
90-AGREEMENT TO MODIFY CHILD SUPPORT IS NOT EFFECTIVE UNTIL APPROVED
91-BY THE COURT
92-, OR DELEGATE CHILD SUPPORT UNIT FOR ADMINISTRATIVE
93-ORDERS
94-, AND ENTERED AS AN ORDER.
95-SECTION 3. In Colorado Revised Statutes, 14-10-115, amend
96-(3)(a)(II), (5)(a)(I.5), (5)(a)(II)(C), (5)(b.5)(II)(N), (5)(b.5)(II)(O), (10)(e),
97-and (10)(h)(II); and add (3)(a)(III), (5)(a)(IV), (5)(b.5)(II)(P), (10)(a.5), and
98-(10)(h)(III) as follows:
99-14-10-115. Child support guidelines - purpose - determination
100-of income - schedule of basic child support obligations - adjustments to
101-basic child support - additional guidelines - child support commission
102-- definitions. (3) Definitions. As used in this section, unless the context
103-otherwise requires:
104-(a) (II) For purposes of this subsection (3)(a), if the alimony or
105-maintenance actually paid by a parent is deductible for federal income tax
151+N ANY STATUS CONFERENCE , ADMINISTRATIVE CONFERENCE , OR21
152+HEARING IN WHICH CHILD SUPPORT IS AT ISSUE , THE COURT OR THE
153+22
154+DELEGATE CHILD SUPPORT UNIT SHALL VERBALLY ADVISE THE PARTIES23
155+THAT FAILURE TO PAY CHILD SUPPORT ORDERED BY THE COURT OR AS A24
156+RESULT OF AN ADMINISTRATIVE PROCESS ACTION MAY RESULT IN25
157+ENFORCEMENT ACTIONS AND THE ADDITION OF INTEREST ON ARREARS AND26
158+THAT AN AGREEMENT TO MODIFY CHILD SUPPORT IS NOT EFFECTIVE UNTIL27
159+173
160+-4- APPROVED BY THE COURT , OR DELEGATE CHILD SUPPORT UNIT FOR1
161+ADMINISTRATIVE ORDERS, AND ENTERED AS AN ORDER.2
162+SECTION 3. In Colorado Revised Statutes, 14-10-115, amend3
163+(3)(a)(II), (5)(a)(I.5), (5)(a)(II)(C), (5)(b.5)(II)(N), (5)(b.5)(II)(O), (10)(e),4
164+and (10)(h)(II); and add (5)(a)(IV), (5)(b.5)(II)(P), (10)(a.5), and5
165+(10)(h)(III) as follows:6
166+14-10-115. Child support guidelines - purpose - determination7
167+of income - schedule of basic child support obligations - adjustments8
168+to basic child support - additional guidelines - child support9
169+commission - definitions. (3) Definitions. As used in this section, unless10
170+the context otherwise requires:11
171+ 12
172+(a) (II) For purposes of this subsection (3)(a), if the alimony or13
173+maintenance actually paid by a parent is deductible for federal income tax14
106174 purposes by that parent,
107-AND THE ALIMONY OR MAINTENANCE IS PAID AND
108-RECEIVED BY THE SAME PARTIES AS THE CHILD SUPPORT CALCULATION
109-, then
110-the actual amount of alimony or maintenance paid by that parent must be
111-deducted from that parent's gross income. If the alimony or maintenance
112-actually paid by a parent is not deductible for federal income tax purposes
113-by that parent, then the amount of alimony or maintenance deducted from
114-that parent's gross income is the amount of alimony or maintenance actually
115-paid by that parent multiplied by 1.25.
116- SUBJECT TO THE FOLLOWING
117-PAGE 3-SENATE BILL 23-173 ADJUSTMENTS:
175+AND THE ALIMONY OR MAINTENANCE IS PAID AND15
176+RECEIVED BY THE SAME PARTIES AS THE CHILD SUPPORT CALCULATION ,16
177+then the actual amount of alimony or maintenance paid by that parent17
178+must be deducted from that parent's gross income. If the alimony or18
179+maintenance actually paid by a parent is not deductible for federal income19
180+tax purposes by that parent, then the amount of alimony or maintenance20
181+deducted from that parent's gross income is the amount of alimony or21
182+maintenance actually paid by that parent multiplied by 1.25.
183+ SUBJECT TO22
184+THE FOLLOWING ADJUSTMENTS :23
118185 (A) I
119-F THE COMBINED MONTHLY ADJUSTED GROSS INCOME OF THE
120-PARTIES TO THE MAINTENANCE PAYMENT IS TEN THOUSAND DOLLARS OR
121-LESS
122-, THE MAINTENANCE ACTUALLY PAID WILL BE MULTIPLIED BY 1.25;
186+F THE COMBINED MONTHLY ADJUSTED GROSS INCOME OF THE24
187+PARTIES TO THE MAINTENANCE PAYMENT IS TEN THOUSAND DOLLARS OR25
188+LESS, THE MAINTENANCE ACTUALLY PAID WILL BE MULTIPLIED BY 1.25;26
123189 (B) I
124-F THE COMBINED MONTHLY ADJUSTED GROSS INCOME OF THE
125-PARTIES TO THE MAINTENANCE PAYMENT IS MORE THAN TEN THOUSAND
126-DOLLARS
127-, THE MAINTENANCE ACTUALLY PAID WILL BE MULTIPLIED BY 1.33;
128-AND
129-(C) IF THE AMOUNT OF ALIMONY OR MAINTENANCE ACTUALLY PAID
130-IS INCREASED AS DESCRIBED IN THIS SECTION BECAUSE IT IS NOT DEDUCTIBLE
131-FOR FEDERAL INCOME TAX PURPOSES
132-, THERE IS A REBUTTABLE PRESUMPTION
133-THAT THE MULTIPLIER IS CORRECT
134-. THE PRESUMPTION MAY BE REBUTTED
135-WITH EVIDENCE INDICATING A DIFFERENT MULTIPLIER IS MORE ACCURATE
136-DUE TO THE TAX IMPLICATIONS OF THE MAINTENANCE PAYMENT BEING
137-DIFFERENT THAN THAT REFLECTED BY THE MULTIPLIER
138-.
190+F THE COMBINED MONTHLY ADJUSTED GROSS INCOME OF THE27
191+173
192+-5- PARTIES TO THE MAINTENANCE PAYMENT IS MORE THAN TEN THOUSAND1
193+DOLLARS, THE MAINTENANCE ACTUALLY PAID WILL BE MULTIPLIED BY2
194+1.33;
195+ AND3
196+(C) I
197+F THE AMOUNT OF ALIMONY OR MAINTENANCE ACTUALLY4
198+PAID IS INCREASED AS DESCRIBED IN THIS SECTION BECAUSE IT IS NOT5
199+DEDUCTIBLE FOR FEDERAL INCOME TAX PURPOSES , THERE IS A6
200+REBUTTABLE PRESUMPTION THAT THE MULTIPLIER IS CORRECT . THE7
201+PRESUMPTION MAY BE REBUTTED WITH EVIDENCE INDICATING A8
202+DIFFERENT MULTIPLIER IS MORE ACCURATE DUE TO THE TAX IMPLICATIONS9
203+OF THE MAINTENANCE PAYMENT BEING DIFFERENT THAN THAT REFLECTED10
204+BY THE MULTIPLIER.11
139205 (III) I
140-F A COURT-ORDERED ALIMONY OR MAINTENANCE OBLIGATION
141-ACTUALLY PAID BY A PARTY DOES NOT INVOLVE THE SAME PARTIES AS THE
142-CHILD SUPPORT CALCULATION AND IS NOT DEDUCTIBLE FOR FEDERAL
143-INCOME TAX PURPOSES BY THAT PARTY
144-, THEN THE AMOUNT OF THE
145-COURT
146--ORDERED ALIMONY OR MAINTENANCE THAT IS DEDUCTED FROM THAT
147-PARTY
148-'S GROSS INCOME IS THE AMOUNT ACTUALLY PAID BY THAT PARTY
149-MULTIPLIED BY
150-1.25.
151-(5) Determination of income. (a) For the purposes of the child
152-support guidelines and schedule of basic child support obligations specified
153-in this section, the gross income of each parent shall be determined
154-according to the following guidelines:
155-(I.5) For purposes of subsection (5)(a)(I)(Y) of this section, if the
156-alimony or maintenance actually received by a parent is taxable income to
157-that parent for federal income tax purposes, then the actual amount of
158-alimony or maintenance received is included in that parent's gross income.
159-If the alimony or maintenance actually received by a parent is not taxable
160-income to that parent for federal income tax purposes,
161-AND THE ALIMONY
162-OR MAINTENANCE IS PAID AND RECEIVED BY THE SAME PARTIES AS THE
163-CHILD SUPPORT CALCULATION
164-, then the amount of alimony or maintenance
165-PAGE 4-SENATE BILL 23-173 that is included in that parent's gross income is the amount of alimony or
166-maintenance received by that parent multiplied by 1.25. SUBJECT TO THE
167-FOLLOWING ADJUSTMENTS
168-:
206+F A
207+ COURT-ORDERED ALIMONY OR MAINTENANCE12
208+OBLIGATION ACTUALLY PAID BY A PARTY DOES NOT INVOLVE THE SAME13
209+PARTIES AS THE CHILD SUPPORT CALCULATION AND IS NOT DEDUCTIBLE14
210+FOR FEDERAL INCOME TAX PURPOSES BY THAT PARTY , THEN THE AMOUNT15
211+OF THE COURT-ORDERED ALIMONY OR MAINTENANCE THAT IS DEDUCTED16
212+FROM THAT PARTY'S GROSS INCOME IS THE AMOUNT ACTUALLY PAID BY17
213+THAT PARTY MULTIPLIED BY 1.25.18
214+(5) Determination of income. (a) For the purposes of the child19
215+support guidelines and schedule of basic child support obligations20
216+specified in this section, the gross income of each parent shall be21
217+determined according to the following guidelines:22
218+(I.5) For purposes of subsection (5)(a)(I)(Y) of this section, if the23
219+alimony or maintenance actually received by a parent is taxable income24
220+to that parent for federal income tax purposes, then the actual amount of25
221+alimony or maintenance received is included in that parent's gross26
222+income. If the alimony or maintenance actually received by a parent is not27
223+173
224+-6- taxable income to that parent for federal income tax purposes, AND THE1
225+ALIMONY OR MAINTENANCE IS PAID AND RECEIVED BY THE SAME PARTIES2
226+AS THE CHILD SUPPORT CALCULATION , then the amount of alimony or3
227+maintenance that is included in that parent's gross income is the amount4
228+of alimony or maintenance received by that parent multiplied by 1.25.5
229+SUBJECT TO THE FOLLOWING ADJUSTMENTS :6
169230 (A) I
170-F THE COMBINED MONTHLY ADJUSTED GROSS INCOME OF THE
171-PARTIES TO THE MAINTENANCE PAYMENT IS TEN THOUSAND DOLLARS OR
172-LESS
173-, THE MAINTENANCE ACTUALLY RECEIVED WILL BE MULTIPLIED BY 1.25;
231+F THE COMBINED MONTHLY ADJUSTED GROSS INCOME OF THE7
232+PARTIES TO THE MAINTENANCE PAYMENT IS TEN THOUSAND DOLLARS OR8
233+LESS, THE MAINTENANCE ACTUALLY RECEIVED
234+ WILL BE MULTIPLIED BY9
235+1.25;10
174236 (B) I
175-F THE COMBINED MONTHLY ADJUSTED GROSS INCOME OF THE
176-PARTIES TO THE MAINTENANCE PAYMENT IS MORE THAN TEN THOUSAND
177-DOLLARS
178-, THE MAINTENANCE ACTUALLY RECEIVED WILL BE MULTIPLIED BY
179-1.33; AND
180-(C) IF THE AMOUNT OF ALIMONY OR MAINTENANCE ACTUALLY
181-RECEIVED IS INCREASED AS DESCRIBED IN THIS SECTION BECAUSE IT IS NOT
182-DEDUCTIBLE FOR FEDERAL INCOME TAX PURPOSES
183-, THERE IS A REBUTTABLE
184-PRESUMPTION THAT THE MULTIPLIER IS CORRECT
185-. THE PRESUMPTION MAY BE
186-REBUTTED WITH EVIDENCE INDICATING A DIFFERENT MULTIPLIER IS MORE
187-ACCURATE DUE TO THE TAX IMPLICATIONS OF THE MAINTENANCE PAYMENT
188-BEING DIFFERENT THAN THAT REFLECTED BY THE MULTIPLIER
189-.
190-(II) "Gross income" does not include:
191-(C) Income from additional jobs that result in the employment of theobligor more than forty hours per week or more than what would otherwise
192-be considered to be full-time employment;
237+F THE COMBINED MONTHLY ADJUSTED GROSS INCOME OF THE11
238+PARTIES TO THE MAINTENANCE PAYMENT IS MORE THAN TEN THOUSAND12
239+DOLLARS, THE MAINTENANCE ACTUALLY RECEIVED
240+ WILL BE MULTIPLIED13
241+BY 1.33; AND14
242+(C) I
243+F THE AMOUNT OF ALIMONY OR MAINTENANCE ACTUALLY15
244+RECEIVED
245+ IS INCREASED AS DESCRIBED IN THIS SECTION BECAUSE IT IS NOT16
246+DEDUCTIBLE FOR FEDERAL INCOME TAX PURPOSES , THERE IS A17
247+REBUTTABLE PRESUMPTION THAT THE MULTIPLIER IS CORRECT . THE18
248+PRESUMPTION MAY BE REBUTTED WITH EVIDENCE INDICATING A19
249+DIFFERENT MULTIPLIER IS MORE ACCURATE DUE TO THE TAX IMPLICATIONS20
250+OF THE MAINTENANCE PAYMENT BEING DIFFERENT THAN THAT REFLECTED21
251+BY THE MULTIPLIER.22
252+(II) "Gross income" does not include:23
253+(C) Income from additional jobs that result in the employment of24
254+the obligor more than forty hours per week or more than what would25
255+otherwise be considered to be full-time employment;26
193256 (IV) I
194-F A PREEXISTING COURT-ORDERED ALIMONY OR MAINTENANCE
195-OBLIGATION ACTUALLY RECEIVED BY A PARTY DOES NOT INVOLVE THE SAME
196-PARTIES AS THE CHILD SUPPORT CALCULATION AND IS NOT DEDUCTIBLE FOR
197-FEDERAL INCOME TAX PURPOSES BY THAT PARTY
198-, THEN THE AMOUNT OF
199-PREEXISTING COURT
200--ORDERED ALIMONY OR MAINTE NANCE THAT IS
201-DEDUCTED FROM THAT PARTY
202-'S GROSS INCOME IS THE AMOUNT ACTUALLY
203-RECEIVED BY THAT PARTY MULTIPLIED BY
204-1.25.
205-(b.5) (II) In determining potential income, the court or delegate child
206-support enforcement unit shall consider, to the extent known, the specific
207-circumstances of the parent, including consideration of the following
208-information, when available:
209-PAGE 5-SENATE BILL 23-173 (N) Prevailing earnings level in the local community. and THE
210-TYPICAL HOURS AVAILABLE TO WORKERS IN THE PARENT
211-'S JOB SECTOR AS
212-ESTABLISHED BY ANY RELIABLE SOURCE GENERALLY USED AND RELIED ON
213-BY THE PUBLIC OR PERSONS IN A PARTICULAR OCCUPATION
214-, INCLUDING, BUT
215-NOT LIMITED TO
216-, VERIFIED STATEMENTS, WORK HISTORY, THE UNITED
217-STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR STATISTICS OR OTHER
218-RELIABLE COMPILATIONS
219-, THE DEPARTMENT OF LABOR AND EMPLOYMENT ,
220-OR OTHER INFORMATION PROVIDED BY THE PARENT . IN THE ABSENCE OF ANY
221-SUCH INFORMATION
222-, THE COURT OR DELEGATE CHILD SUPPORT
223-ENFORCEMENT UNIT SHALL DETERMINE THE PARENT
224-'S INCOME BASED ON A
225-REASONABLE RATE OF PAY FOR A THIRTY
226--TWO-HOUR WORKWEEK FOR FIFTY
227-WEEKS EACH YEAR
228-, SUBJECT TO OTHER FACTORS SET FORTH IN THIS SECTION
229-THAT MAY AFFECT THE NUMBER OF HOURS THE PARENT IS CAPABLE OF
230-WORKING
231-, SUCH AS AGE, HEALTH, OR THE SPECIFIC NEEDS OF THE SUBJECT
232-CHILD
233-.
234-(O) Other relevant background factors in the case.
235-TRANSPORTATION; AND
236-(P) OTHER RELEVANT BACKGROUND FACTORS IN THE CASE .
237-(10) Adjustments for health-care expenditures for children.
257+F A PREEXISTING COURT -ORDERED ALIMONY OR27
258+173
259+-7- MAINTENANCE OBLIGATION ACTUALLY RECEIVED BY A PARTY DOES NOT1
260+INVOLVE THE SAME PARTIES AS THE CHILD SUPPORT CALCULATION AND IS2
261+NOT DEDUCTIBLE FOR FEDERAL INCOME TAX PURPOSES BY THAT PARTY ,3
262+THEN THE AMOUNT OF PREEXISTING COURT -ORDERED ALIMONY OR4
263+MAINTENANCE THAT IS DEDUCTED FROM THAT PARTY 'S GROSS INCOME IS5
264+THE AMOUNT ACTUALLY RECEIVED BY THAT PARTY MULTIPLIED BY 1.25.6
265+(b.5) (II) In determining potential income, the court or delegate7
266+child support enforcement unit shall consider, to the extent known, the8
267+specific circumstances of the parent, including consideration of the9
268+following information, when available:10
269+ 11
270+(N) Prevailing earnings level in the local community. and THE12
271+TYPICAL HOURS AVAILABLE TO WORKERS IN THE PARENT'S JOB SECTOR AS13
272+ESTABLISHED BY ANY RELIABLE SOURCE GENERALLY USED AND RELIED ON14
273+BY THE PUBLIC OR PERSONS IN A PARTICULAR OCCUPATION , INCLUDING,15
274+BUT NOT LIMITED TO, VERIFIED STATEMENTS, WORK HISTORY, THE UNITED16
275+S
276+TATES DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS OR OTHER17
277+RELIABLE COMPILATIONS, THE DEPARTMENT OF LABOR AND EMPLOYMENT ,18
278+OR OTHER INFORMATION PROVIDED BY THE PARENT . IN THE ABSENCE OF19
279+ANY SUCH INFORMATION , THE COURT OR DELEGATE CHILD SUPPORT20
280+ENFORCEMENT UNIT SHALL DETERMINE THE PARENT 'S INCOME BASED ON21
281+A REASONABLE RATE OF PAY FOR A THIRTY -TWO-HOUR WORKWEEK FOR22
282+FIFTY WEEKS EACH YEAR, SUBJECT TO OTHER FACTORS SET FORTH IN THIS23
283+SECTION THAT MAY AFFECT THE NUMBER OF HOURS THE PARENT IS24
284+CAPABLE OF WORKING, SUCH AS AGE, HEALTH, OR THE SPECIFIC NEEDS OF25
285+THE SUBJECT CHILD.26 (O) Other relevant background factors in the case.27
286+173
287+-8- TRANSPORTATION; AND1
288+(P) OTHER RELEVANT BACKGROUND FACTORS IN THE CASE .2
289+(10) Adjustments for health-care expenditures for children.3
238290 (a.5) I
239-F A CHILD IS COVERED BY INSURANCE, THE PARENT SECURING THE
240-COVERAGE
241-, THE EMPLOYER PROVIDING THE COVERAGE , OR THE INSURANCE
242-PROVIDER SHALL PROVIDE
243-, UPON REQUEST BY THE POLICY HOLDER OR BY
244-COURT ORDER
245-, THE INSURANCE PROVIDER 'S NAME, THE INSURANCE
246-PROVIDER
247-'S TELEPHONE NUMBER, THE GROUP AND POLICY NUMBER, AND THE
248-CLAIM ADDRESS TO THE NON
249--POLICY HOLDER. THE INFORMATION MUST BE
250-PROVIDED UNLESS OTHERWISE ORDERED BY THE COURT FOR GOOD CAUSE
251-SHOWN
252-. THIS SUBSECTION (10) AUTHORIZES THE RELEASE OF INFORMATION
253-TO THE OTHER PARTY OR PARTIES
254-. AFTER NOTICE TO THE PARTY OR PARTIES
255-OF THIS OBLIGATION
256-, THE COURT HAS THE AUTHORITY TO FINE THE PARENT
257-SECURING COVERAGE FOR FAILURE TO PROVIDE THE REQUIRED
258-INFORMATION
259-.
260-(e) Prior to allowing the health insurance adjustment, the parent
261-requesting the adjustment must submit proof that the child or children have
262-been enrolled in a health insurance plan and must submit proof of the cost
263-of the premium. The court shall require the parent receiving the adjustment
264-to submit annually proof of continued coverage of the child or children to
265-PAGE 6-SENATE BILL 23-173 the delegate child support enforcement unit and to the other parent ANY
266-PARENT PROVIDING INSURANCE COVERAGE FOR THE CHILD PURSUANT TO
267-THIS SECTION MUST NOTIFY THE OTHER PARTY OR PARTIES AND THE
268-DELEGATE CHILD SUPPORT ENFORCEMENT UNIT OF ANY CHANGE OR
269-DISCONTINUATION OF COVERAGE AS SOON AS PRACTICABLE
270-, BUT NO LATER
271-THAN FOURTEEN DAYS AFTER THE CHANGE
272-.
273-(h) (II) Extraordinary medical expenses are uninsured expenses,
274-including copayments and deductible amounts, in excess of two hundred
275-fifty dollars per child per calendar year. Extraordinary medical expenses
276-include, but need not be limited to, such reasonable costs as are reasonably
277-necessary for orthodontia, dental treatment, asthma treatments, physical
278-therapy, vision care, and any uninsured chronic health problem. At the
279-discretion of the court, professional counseling or psychiatric therapy for
280-diagnosed behavioral or mental health disorders, may also be considered as
281-an extraordinary medical expense AND ANY UNINSURED CHRONIC HEALTH
282-PROBLEM
283-.
291+F A CHILD IS COVERED BY INSURANCE, THE PARENT SECURING THE4
292+COVERAGE, THE EMPLOYER PROVIDING THE COVERAGE , OR THE5
293+INSURANCE PROVIDER SHALL PROVIDE , UPON REQUEST BY THE POLICY
294+6
295+HOLDER OR BY COURT ORDER , THE INSURANCE PROVIDER'S NAME, THE7
296+INSURANCE PROVIDER'S TELEPHONE NUMBER, THE GROUP AND POLICY8
297+NUMBER, AND THE CLAIM ADDRESS TO THE NON-POLICY HOLDER. THE9
298+INFORMATION MUST BE PROVIDED UNLESS OTHERWISE ORDERED BY THE10
299+COURT FOR GOOD CAUSE SHOWN . THIS SUBSECTION (10) AUTHORIZES THE11
300+RELEASE OF INFORMATION TO THE OTHER PARTY OR PARTIES . AFTER12
301+NOTICE TO THE PARTY OR PARTIES OF THIS OBLIGATION , THE COURT HAS13
302+THE AUTHORITY TO FINE THE PARENT SECURING COVERAGE FOR FAILURE14
303+TO PROVIDE THE REQUIRED INFORMATION .15
304+(e) Prior to allowing the health insurance adjustment, the parent16
305+requesting the adjustment must submit proof that the child or children17
306+have been enrolled in a health insurance plan and must submit proof of18
307+the cost of the premium. The court shall require the parent receiving the19
308+adjustment to submit annually proof of continued coverage of the child20
309+or children to the delegate child support enforcement unit and to the other21
310+parent ANY PARENT PROVIDING INSURANCE COVERAGE FOR THE CHILD22
311+PURSUANT TO THIS SECTION MUST NOTIFY THE OTHER PARTY OR PARTIES23
312+AND THE DELEGATE CHILD SUPPORT ENFORCEMENT UNIT OF ANY CHANGE24
313+OR DISCONTINUATION OF COVERAGE AS SOON AS PRACTICABLE , BUT NO25
314+LATER THAN FOURTEEN DAYS AFTER THE CHANGE .26
315+(h) (II) Extraordinary medical expenses are uninsured expenses,27
316+173
317+-9- including copayments and deductible amounts, in excess of two hundred1
318+fifty dollars per child per calendar year. Extraordinary medical expenses2
319+include, but need not be limited to, such reasonable costs as are3
320+reasonably necessary for orthodontia, dental treatment, asthma treatments,4
321+physical therapy, vision care, and any uninsured chronic health problem.5
322+At the discretion of the court, professional counseling or psychiatric6
323+therapy for diagnosed behavioral or mental health disorders, may also be7
324+considered as an extraordinary medical expense AND ANY UNINSURED8
325+CHRONIC HEALTH PROBLEM .9
284326 (III) (A) T
285-HE PARTY SEEKING REIMBURSEMENT FOR AN UNINSURED
286-MEDICAL EXPENSE MUST PROVIDE PROOF OF THE EXPENSE TO THE
287-REIMBURSING PARTY WITHIN A REASONABLE TIME AFTER INCURRING THE
288-EXPENSE
289-. ABSENT EXTRAORDINARY CIRCUMSTANCES , FAILURE TO PROVIDE
290-PROOF OF THE EXPENSE TO THE REIMBURSING PARTY BY
291-JULY 1 OF THE YEAR
292-FOLLOWING THE CALENDAR YEAR IN WHICH THE EXPENSE WAS INCURRED
293-RESULTS IN A WAIVER OF THE REIMBURSEMENT
294-.
327+HE PARTY SEEKING REIMBURSEMENT FOR AN UNINSURED10
328+MEDICAL EXPENSE MUST PROVIDE PROOF OF THE EXPENSE TO THE11
329+REIMBURSING PARTY WITHIN A REASONABLE TIME AFTER INCURRING THE12
330+EXPENSE. ABSENT EXTRAORDINARY CIRCUMSTANCES , FAILURE TO13
331+PROVIDE PROOF OF THE EXPENSE TO THE REIMBURSING PARTY BY JULY 114
332+OF THE YEAR FOLLOWING THE CALENDAR YEAR IN WHICH THE EXPENSE15
333+WAS INCURRED RESULTS IN A WAIVER OF THE REIMBURSEMENT .16
295334 (B) T
296-HE PARTY SEEKING REIMBURSEMENT MAY FILE A MOTION FOR
297-JUDGMENT OF UNINSURED MEDICAL EXPENSES FOR THAT PARTICULAR
298-CALENDAR YEAR IF THE PARTY FAILS TO RESP OND AND REIMBURSE THE
299-EXPENSES OR REACH A PAYMENT ARRANGEMENT WITH THE REQUESTING
300-PARTY WITHIN FORTY
301--NINE DAYS AFTER THE DATE THE REQUEST WAS
302-RECEIVED
303-. THE MOTION MUST SPECIFY THE AMOUNT OF THE EXPENSE
304-INCURRED
305-, THE AMOUNT SOUGHT FROM THE OTHER PARTY PURSUANT TO
306-SUBSECTION
307- (10)(h)(I) OF THIS SECTION, AND WHEN AND HOW THE REQUEST
308-FOR REIMBURSEMENT WAS MADE TO THE OTHER PARTY
309-. ANY RESPONSE TO
310-THE MOTION MUST INCLUDE ANY OBJECTION TO THE COSTS REQUESTED OR
311-PROPOSED PAYMENT ARRANGEMENTS
312-.
313-SECTION 4. In Colorado Revised Statutes, 14-10-123, add
314-(1)(a)(III) as follows:
315-PAGE 7-SENATE BILL 23-173 14-10-123. Commencement of proceedings concerning allocation
316-of parental responsibilities - jurisdiction - automatic temporary
317-injunction - enforcement - definitions. (1) A proceeding concerning the
318-allocation of parental responsibilities is commenced in the district court or
319-as otherwise provided by law:
320-(a) By a parent:
335+HE PARTY SEEKING REIMBURSEMENT MAY FILE A MOTION FOR17
336+JUDGMENT OF UNINSURED MEDICAL EXPENSES FOR THAT PARTICULAR18
337+CALENDAR YEAR IF THE PARTY FAILS TO RESPOND AND REIMBURSE THE19
338+EXPENSES OR REACH A PAYMENT ARRANGEMENT WITH THE REQUESTING20
339+PARTY WITHIN FORTY-NINE DAYS AFTER THE DATE THE REQUEST WAS21
340+RECEIVED. THE MOTION MUST SPECIFY THE AMOUNT OF THE EXPENSE22
341+INCURRED, THE AMOUNT SOUGHT FROM THE OTHER PARTY PURSUANT TO23
342+SUBSECTION (10)(h)(I) OF THIS SECTION, AND WHEN AND HOW THE24
343+REQUEST FOR REIMBURSEMENT WAS MADE TO THE OTHER PARTY . ANY25
344+RESPONSE TO THE MOTION MUST INCLUDE ANY OBJECTION TO THE COSTS26
345+REQUESTED OR PROPOSED PAYMENT ARRANGEMENTS .27
346+173
347+-10- 1
348+ 2
349+SECTION 4. In Colorado Revised Statutes, 14-10-123, add3
350+(1)(a)(III) as follows:4
351+14-10-123. Commencement of proceedings concerning5
352+allocation of parental responsibilities - jurisdiction - automatic6
353+temporary injunction - enforcement - definitions. (1) A proceeding7
354+concerning the allocation of parental responsibilities is commenced in the8
355+district court or as otherwise provided by law:9
356+(a) By a parent:10
321357 (III) B
322-Y FILING A MOTION SEEKING THE ALLOCATION OF PARENTAL
323-RESPONSIBILITIES WITH RESPECT TO A CHILD IN AN EXISTING JUVENILE
324-COURT CASE FILED PURSUANT TO ARTICLE
325-4 OR 6 OF TITLE 19 OR ARTICLE
326-13.5 OF TITLE 26; OR
327-SECTION 5. In Colorado Revised Statutes, 14-14-111.5, amend
328-(4)(c)(XIV), (8)(b), and (19) as follows:
329-14-14-111.5. Income assignments for child support or
330-maintenance. (4) Notice to withhold income for support. (c) A notice
331-to withhold income for support must be provided on a federal office of
332-management and budget-approved income withholding for support form
333-and must contain the following information and, except in cases in which
334-the obligee is receiving child support enforcement services pursuant to
335-section 26-13-106, must include a certified copy of the support order:
336-(XIV) A statement that a fraudulent submission of a notice to
337-withhold income for support subjects the person submitting the notice to an
338-employer, trustee, or other payor of funds to a fine of not less than one
339-thousand
340- HUNDRED dollars and court costs and attorney fees.
341-(8) An employer, trustee, or other payer of funds subject to this
342-section who:
358+Y FILING A MOTION SEEKING THE ALLOCATION OF PARENTAL11
359+RESPONSIBILITIES WITH RESPECT TO A CHILD IN AN EXISTING JUVENILE12
360+COURT CASE FILED PURSUANT TO ARTICLE 4 OR 6 OF TITLE 19 OR ARTICLE13
361+13.5
362+ OF TITLE 26; OR14
363+SECTION 5. In Colorado Revised Statutes, 14-14-111.5, amend15
364+(4)(c)(XIV), (8)(b), and (19) as follows:16
365+14-14-111.5. Income assignments for child support or17
366+maintenance. (4) Notice to withhold income for support. (c) A notice18
367+to withhold income for support must be provided on a federal office of19
368+management and budget-approved income withholding for support form20
369+and must contain the following information and, except in cases in which21
370+the obligee is receiving child support enforcement services pursuant to22
371+section 26-13-106, must include a certified copy of the support order:23
372+(XIV) A statement that a fraudulent submission of a notice to24
373+withhold income for support subjects the person submitting the notice to25
374+an employer, trustee, or other payor of funds to a fine of not less than one26
375+thousand HUNDRED dollars and court costs and attorney fees.27
376+173
377+-11- (8) An employer, trustee, or other payer of funds subject to this1
378+section who:2
343379 (b) Wrongfully fails to withhold income
344-OR DISTRIBUTE PAYMENT
380+OR DISTRIBUTE PAYMENT3
345381 in accordance with the provisions of this section shall be
346- IS liable for both
347-the accumulated amount the employer, trustee, or other payer of funds
382+ IS liable for both4
383+the accumulated amount the employer, trustee, or other payer of funds5
348384 should have withheld
349-AND NOT DISBURSED from the obligor's income,
350-INCLUDING, UPON PERSONAL SERVICE PURSUANT TO RULE 4 OF THE
351-COLORADO RULES OF CIVIL PROCEDURE , BEING SUBJECT TO THE
352-JURISDICTION OF THE COURT FOR PURPOSES OF ENTRY OF JUDGMENT
353-PURSUANT TO SECTIONS
354-13-52-101 TO 13-52-111 AND RULE 54 OF THE
355-PAGE 8-SENATE BILL 23-173 COLORADO RULES OF CIVIL PROCEDURE , UP TO THE AMOUNT WRONGFULLY
356-WITHHELD AND COSTS ASSOCIATED WITH ESTABLISHING AND ENFORCING THE
357-JUDGMENT
358- and any other penalties set by state law;
359-(19) A person submitting a fraudulent notice to withhold income for
360-support to an employer, trustee, or other payor of funds commits a civil
361-infraction IS SUBJECT TO A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS
362-PLUS COURT COSTS AND ATTORNEY FEES
363-.
364-SECTION 6. In Colorado Revised Statutes, 19-4-111, amend (1)
365-as follows:
366-19-4-111. Pretrial proceedings. (1) As soon as practicable after an
367-action to declare the existence or nonexistence of the father-childPARENT-CHILD relationship has been brought, an informal hearing shall be
368-held if it is determined by the court to be in the child's best interest. The
369-court may order that the hearing be held before a magistrate. The public
370-shall
371- MUST be barred from the hearing if it is determined by the court to be
372-in the best interest of any of the parties. A record of the proceeding or any
373-portion thereof shall
374- MUST be kept if any party requests or the court orders.
375-Rules of evidence need not be observed. At the informal hearing, the judge
376-or magistrate shall give a verbal advisement to the parties that a request for
377-genetic tests shall
378- MUST not prejudice the requesting party in matters
379-concerning allocation of parental responsibilities pursuant to section
380-14-10-124 (1.5). C.R.S.
381- The judge or magistrate shall further advise the
382-parties that, if genetic tests are not obtained prior to the legal establishment
383-of paternity
384- PARENTAGE and submitted into evidence prior to the entry of
385-the final order establishing paternity PARENTAGE, the genetic tests may not
386-be allowed into evidence at a later date. T
387-HE JUDGE OR MAGISTRATE SHALL
388-FURTHER ADVISE THE PARTIES THAT SUBSEQUENT TO AN ADJUDICATION OF
389-PARENTAGE
390-, UPON MOTION, THE COURT SHALL ENTER ORDERS FOR
391-ALLOCATION OF PARENTAL RESPONSIBILITIES PURSUANT TO SECTION
392-14-10-124 (1.5); EXCEPT THAT, IN MATTERS INVOLVING A NONRESIDENT
393-PARTY
394-, THE COURT SHALL FIRST DETERMINE WHETHER IT HAS AUTHORITY TO
395-ISSUE AN ORDER ALLOCATING PARENTAL RESPONSIBILITIES PURSUANT TO
396-ARTICLE
397-13 OF TITLE 14.
398-SECTION 7. In Colorado Revised Statutes, 19-4-116, amend (4)
399-as follows:
400-PAGE 9-SENATE BILL 23-173 19-4-116. Judgment or order - birth-related costs - evidence.
401-(4) Support judgments or orders ordinarily shall MUST be for periodic
402-payments which may vary in amount. In the best interest of the child, a
403-lump-sum payment or the purchase of an annuity may be ordered in lieu of
404-periodic payments of support. The court or delegate child support
405-enforcement unit may enter an order directing the father
406- OBLIGOR to pay for
407-support of the child, in an amount as may be determined by the court or
408-delegate child support enforcement unit to be reasonable under the
409-circumstances, for a time period which
410- THAT occurred prior to the entry of
411-the order establishing paternity MONTH THE CHILD SUPPORT OBLIGATION
412-BEGINS
413-. The court may limit the father's
414- OBLIGOR'S liability for past support
415-of the child to the proportion of the expenses already incurred that the court
416-deems just.
417-SECTION 8. In Colorado Revised Statutes, 19-6-104, amend (1)
418-as follows:
419-19-6-104. Hearing - orders. (1) If the court or delegate child
420-support enforcement unit finds that the respondent
421- OBLIGOR has an
422-obligation to support the child or children mentioned in the petition or
423-notice, the court or delegate child support enforcement unit may enter an
424-order directing the respondent
425- OBLIGOR to pay such sums for support as may
426-be reasonable under the circumstances, taking into consideration the factors
427-found in section 19-4-116 (6). The court or delegate child support
428-enforcement unit may also enter an order directing the appropriate party to
429-pay for support of the child, in an amount as may be determined by the court
430-or delegate child support enforcement unit to be reasonable under the
431-circumstances, for a time period which occurred prior to the entry of the
432-support order established MONTH THE CHILD SUPPORT OBLIGATION BEGINS
433-under this article ARTICLE 6.
434-SECTION 9. In Colorado Revised Statutes, 19-6-104, amend (3.5)
435-as follows:
436-19-6-104. Hearing - orders. (3.5) Upon the filing of a proceeding
437-under this article ARTICLE 6 or upon the filing of a proceeding originating
438-under article 13.5 of title 26, C.R.S. THE JUDGE OR MAGISTRATE SHALL
439-ADVISE THE PARTIES THAT SUBSEQUENT TO AN ADJUDICATION OF
440-PARENTAGE
441-, UPON MOTION, the court may SHALL enter an order allocating
442-parental responsibilities pursuant to section 14-10-124 (1.5); C.R.S., except
443-PAGE 10-SENATE BILL 23-173 that, in matters involving a nonresident party, the court shall first determine
444-whether it has authority to issue an order allocating parental responsibilities
445-pursuant to article 13 of title 14, C.R.S.
446- Nothing in this subsection (3.5)
447-shall be construed to authorize a delegate child support enforcement unit to
448-negotiate or mediate the allocation of parental responsibilities in any
449-proceeding initiated under this article or article 13.5 of title 26. C.R.S.
450-SECTION 10. In Colorado Revised Statutes, add 19-6-107 as
451-follows:
452-19-6-107. Orders for allocation of parental responsibilities in
385+AND NOT
386+DISBURSED from the obligor's income,6
387+INCLUDING, UPON PERSONAL SERVICE PURSUANT TO RULE 4 OF THE7
388+C
389+OLORADO RULES OF CIVIL PROCEDURE , BEING SUBJECT TO THE8
390+JURISDICTION OF THE COURT FOR PURPOSES OF ENTRY OF JUDGMENT9
391+PURSUANT TO SECTIONS 13-52-101 TO 13-52-111
392+ AND RULE 54 OF THE10
393+C
394+OLORADO RULES OF CIVIL PROCEDURE, UP TO THE AMOUNT WRONGFULLY11
395+WITHHELD AND COSTS ASSOCIATED WITH ESTABLISHING AND ENFORCING12
396+THE JUDGMENT and any other penalties set by state law;13
397+(19) A person submitting a fraudulent notice to withhold income14
398+for support to an employer, trustee, or other payor of funds commits a
399+15
400+civil infraction IS SUBJECT TO A FINE OF NOT LESS THAN ONE HUNDRED16
401+DOLLARS PLUS COURT COSTS AND ATTORNEY FEES .17
402+SECTION 6. In Colorado Revised Statutes, 19-4-111, amend (1)18
403+as follows:19
404+19-4-111. Pretrial proceedings. (1) As soon as practicable after20
405+an action to declare the existence or nonexistence of the father-child21
406+PARENT-CHILD relationship has been brought, an informal hearing shall22
407+be held if it is determined by the court to be in the child's best interest.23
408+The court may order that the hearing be held before a magistrate. The24
409+public shall MUST be barred from the hearing if it is determined by the25
410+court to be in the best interest of any of the parties. A record of the26
411+proceeding or any portion thereof shall MUST be kept if any party requests27
412+173
413+-12- or the court orders. Rules of evidence need not be observed. At the1
414+informal hearing, the judge or magistrate shall give a verbal advisement2
415+to the parties that a request for genetic tests shall MUST not prejudice the3
416+requesting party in matters concerning allocation of parental4
417+responsibilities pursuant to section 14-10-124 (1.5). C.R.S. The judge or5
418+magistrate shall further advise the parties that, if genetic tests are not6
419+obtained prior to the legal establishment of paternity PARENTAGE and7
420+submitted into evidence prior to the entry of the final order establishing8
421+paternity PARENTAGE, the genetic tests may not be allowed into evidence9
422+at a later date. T
423+HE JUDGE OR MAGISTRATE SHALL FURTHER ADVISE THE10
424+PARTIES THAT SUBSEQUENT TO AN ADJUDICATION OF PARENTAGE , UPON11
425+MOTION, THE COURT SHALL ENTER ORDERS FOR ALLOCATION OF PARENTAL12
426+RESPONSIBILITIES PURSUANT TO SECTION 14-10-124 (1.5); EXCEPT THAT,13
427+IN MATTERS INVOLVING A NONRESIDENT PARTY , THE COURT SHALL FIRST14
428+DETERMINE WHETHER IT HAS AUTHORITY TO ISSUE AN ORDER ALLOCATING15
429+PARENTAL RESPONSIBILITIES PURSUANT TO ARTICLE 13 OF TITLE 14.16
430+SECTION 7. In Colorado Revised Statutes, 19-4-116, amend (4)17
431+as follows:18
432+19-4-116. Judgment or order - birth-related costs - evidence.19
433+(4) Support judgments or orders ordinarily shall
434+ MUST be for periodic20
435+payments which may vary in amount. In the best interest of the child, a21
436+lump-sum payment or the purchase of an annuity may be ordered in lieu22
437+of periodic payments of support. The court or delegate child support23
438+enforcement unit may enter an order directing the father OBLIGOR to pay24
439+for support of the child, in an amount as may be determined by the court25
440+or delegate child support enforcement unit to be reasonable under the26
441+circumstances, for a time period which THAT occurred prior to the entry27
442+173
443+-13- of the order establishing paternity MONTH THE CHILD SUPPORT1
444+OBLIGATION BEGINS. The court may limit the father's OBLIGOR'S liability2
445+for past support of the child to the proportion of the expenses already3
446+incurred that the court deems just.4
447+SECTION 8. In Colorado Revised Statutes, 19-6-104, amend (1)5
448+as follows:6
449+19-6-104. Hearing - orders. (1) If the court or delegate child7
450+support enforcement unit finds that the respondent OBLIGOR has an8
451+obligation to support the child or children mentioned in the petition or9
452+notice, the court or delegate child support enforcement unit may enter an10
453+order directing the respondent OBLIGOR to pay such sums for support as11
454+may be reasonable under the circumstances, taking into consideration the12
455+factors found in section 19-4-116 (6). The court or delegate child support13
456+enforcement unit may also enter an order directing the appropriate party14
457+to pay for support of the child, in an amount as may be determined by the15
458+court or delegate child support enforcement unit to be reasonable under16
459+the circumstances, for a time period which occurred prior to the entry of17
460+the support order established MONTH THE CHILD SUPPORT OBLIGATION18
461+BEGINS under this article ARTICLE 6.19
462+SECTION 9. In Colorado Revised Statutes, 19-6-104, amend20
463+(3.5) as follows:21
464+19-6-104. Hearing - orders. (3.5) Upon the filing of a22
465+proceeding under this article ARTICLE 6 or upon the filing of a proceeding23
466+originating under article 13.5 of title 26, C.R.S. THE JUDGE OR24
467+MAGISTRATE SHALL ADVISE THE PARTIES THAT SUBSEQUENT TO AN25
468+ADJUDICATION OF PARENTAGE, UPON MOTION, the court may SHALL enter26
469+an order allocating parental responsibilities pursuant to section 14-10-12427
470+173
471+-14- (1.5); C.R.S., except that, in matters involving a nonresident party, the1
472+court shall first determine whether it has authority to issue an order2
473+allocating parental responsibilities pursuant to article 13 of title 14,3
474+C.R.S. Nothing in this subsection (3.5) shall be construed to authorize a4
475+delegate child support enforcement unit to negotiate or mediate the5
476+allocation of parental responsibilities in any proceeding initiated under6
477+this article or article 13.5 of title 26. C.R.S.7
478+SECTION 10. In Colorado Revised Statutes, add 19-6-107 as8
479+follows:9
480+19-6-107. Orders for allocation of parental responsibilities in10
453481 support actions. U
454-PON THE FILING OF ANY PROCEEDING UNDER THIS
455-ARTICLE
456-6 OR UNDER ARTICLE 13.5 OF TITLE 26, THE COURT SHALL, AS SOON
457-AS PRACTICABLE
458-, ENTER A TEMPORARY OR PERMANENT ORDER ALLOCATING
459-PARENTAL RESPONSIBILITIES THAT ALLOCATES DECISION
460--MAKING
461-RESPONSIBILITY AND PARENTING TIME FOR THE CHILD UNTIL FURTHER ORDER
462-OF THE COURT
463-. THIS SECTION DOES NOT APPLY TO ANY PARENTAGE
464-DETERMINATION MADE PURSUANT TO SECTION
465-14-5-402.
466-SECTION 11. In Colorado Revised Statutes, 26-13-122.7, amend
467-(1)(c)(I)(D) and (1)(c)(II)(B) as follows:
468-26-13-122.7. Administrative lien and attachment of insurance
469-claim payments, awards, and settlements - reporting - rules - fund.
470-(1) (c) (I) For the purposes of this section, an insurance claim payment,
471-award, or settlement is limited to an individual who receives money in
472-excess of one thousand dollars after making a claim for payment under an
473-insurance policy for:
474-(D) A life insurance policy or annuity contract and the proceeds
475-from the sale or assignment of life insurance or annuity benefits PAYABLE
476-TO A BENEFICIARY
477-.
478-(II) For the purposes of this section, an insurance claim payment:
479-(B) Does not include any moneys
480- MONEY payable as attorney fees,
481-witness fees, court costs, reasonable litigation expenses, documented unpaid
482-expenses incurred for medical treatment causally related to the claim, or
483- any
484-portion of a claim based on damage or a loss of real or personal property,
485-OR ANY MONEY ASSIGNED OR DESIGNATED AS FUNERAL OR BURIAL
486-PAGE 11-SENATE BILL 23-173 EXPENSES.
487-SECTION 12. In Colorado Revised Statutes, 26-13.5-102, amend
488-(1.2) and (1.3) as follows:
489-26-13.5-102. Definitions. As used in this article 13.5, unless the
490-context otherwise requires:
482+PON THE FILING OF ANY PROCEEDING UNDER THIS11
483+ARTICLE 6 OR UNDER ARTICLE 13.5 OF TITLE 26, THE COURT SHALL, AS12
484+SOON AS PRACTICABLE, ENTER A TEMPORARY OR PERMANENT ORDER13
485+ALLOCATING PARENTAL RESPONSIBILITIES THAT ALLOCATES14
486+DECISION-MAKING RESPONSIBILITY AND PARENTING TIME FOR THE CHILD15
487+UNTIL FURTHER ORDER OF THE COURT . THIS SECTION DOES NOT APPLY TO16
488+ANY PARENTAGE
489+ DETERMINATION MADE PURS UANT TO SECTION 14-5-402.17
490+SECTION 11. In Colorado Revised Statutes, 26-13-122.7,18
491+amend (1)(c)(I)(D) and (1)(c)(II)(B) as follows:19
492+26-13-122.7. Administrative lien and attachment of insurance20
493+claim payments, awards, and settlements - reporting - rules - fund.21
494+(1) (c) (I) For the purposes of this section, an insurance claim payment,22
495+award, or settlement is limited to an individual who receives money in23
496+excess of one thousand dollars after making a claim for payment under an24
497+insurance policy for:25
498+(D) A life insurance policy or annuity contract and the proceeds26
499+from the sale or assignment of life insurance or annuity benefits PAYABLE27
500+173
501+-15- TO A BENEFICIARY.1
502+(II) For the purposes of this section, an insurance claim payment:2
503+(B) Does not include any moneys MONEY payable as attorney fees,3
504+witness fees, court costs, reasonable litigation expenses, documented4
505+unpaid expenses incurred for medical treatment causally related to the5
506+claim, or any portion of a claim based on damage or a loss of real or6
507+personal property,
508+OR ANY MONEY ASSIGNED OR DESIGNATED AS FUNERAL7
509+OR BURIAL EXPENSES.8
510+SECTION 12. In Colorado Revised Statutes, 26-13.5-102,9
511+amend (1.2) and (1.3) as follows:10
512+26-13.5-102. Definitions. As used in this article 13.5, unless the11
513+context otherwise requires:12
491514 (1.2) "APA-petitioner" means,
492-PURSUANT TO ARTICLE 13 OF THIS
493-TITLE
494-26:
515+PURSUANT TO ARTICLE 13 OF THIS13
516+TITLE 26:14
495517 (a) The party who has applied or been mandatorily referred
496- for child
497-support services; pursuant to article 13 of this title 26. OR
498-(b) THE PARTY WHO WAS MANDATORILY REFERRED FOR CHILD
499-SUPPORT SERVICES
500-, EXCEPT IN FOSTER CARE FEE CASES , IN WHICH THE
501-DELEGATE CHILD SUPPORT ENFORCEMENT UNIT OR THE PARENT MAY BE THE
502-PETITIONER
503-.
518+ for15
519+child support services; pursuant to article 13 of this title 26. OR16
520+(b) T
521+HE PARTY WHO WAS MANDATORILY REFERRED FOR CHILD17
522+SUPPORT SERVICES, EXCEPT IN FOSTER CARE FEE CASES, IN WHICH THE18
523+DELEGATE CHILD SUPPORT ENFORCEMENT UNIT OR THE PARENT MAY BE19
524+THE PETITIONER.20
504525 (1.3) "APA-respondent" means,
505-PURSUANT TO ARTICLE 13 OF THIS
506-TITLE
507-26:
526+PURSUANT TO ARTICLE 13 OF THIS21
527+TITLE 26:22
508528 (a) The party that did not apply for child support services; and;
509- OR
510-(b) THE PARTY THAT was not mandatorily referred for child support
511-services, pursuant to article 13 of this title 26 EXCEPT IN FOSTER CARE FEE
512-CASES
513-, IN WHICH THE PARENT WHO WAS REFERRED MAY BE THE
514-RESPONDENT
515-.
516-SECTION 13. In Colorado Revised Statutes, 26-13.5-103, amend
517-(1)(i) as follows:
518-26-13.5-103. Notice of financial responsibility issued - contents.
519-(1) The delegate child support enforcement unit shall issue a notice of
520-financial responsibility to the APA-respondent who is the obligee or an
521-obligor who owes a child support debt or who is responsible for the support
522-of a child or to the custodian of a child who is receiving support
523-enforcement services from the delegate child support enforcement unit
524-pursuant to article 13 of this title 26. If the obligor has applied for child
525-support services, the notice must be served on the obligee. The notice must
526-PAGE 12-SENATE BILL 23-173 advise the APA-respondent:
527-(i) That the delegate child support enforcement unit may issue an
528-administrative subpoena to obtain income information; from the obligor;
529-SECTION 14. In Colorado Revised Statutes, 26-13.5-103, amend
530-(1)(s) as follows:
531-26-13.5-103. Notice of financial responsibility issued - contents.
532-(1) The delegate child support enforcement unit shall issue a notice of
533-financial responsibility to the APA-respondent who is the obligee or an
534-obligor who owes a child support debt or who is responsible for the support
535-of a child or to the custodian of a child who is receiving support
536-enforcement services from the delegate child support enforcement unit
537-pursuant to article 13 of this title 26. If the obligor has applied for child
538-support services, the notice must be served on the obligee. The notice must
539-advise the APA-respondent:
540-(s) That, if the APA-petitioner or APA-respondent has any
541-questions, he or she
542- THE APA-PETITIONER OR APA-RESPONDENT should
529+ OR23
530+(b) T
531+HE PARTY THAT was not mandatorily referred for child24
532+support services, pursuant to article 13 of this title 26
533+ EXCEPT IN FOSTER25
534+CARE FEE CASES, IN WHICH THE PARENT WHO WAS REFERRED MAY BE THE26
535+RESPONDENT.27
536+173
537+-16- SECTION 13. In Colorado Revised Statutes, 26-13.5-103,1
538+amend (1)(i) as follows:2
539+26-13.5-103. Notice of financial responsibility issued -3
540+contents. (1) The delegate child support enforcement unit shall issue a4
541+notice of financial responsibility to the APA-respondent who is the5
542+obligee or an obligor who owes a child support debt or who is responsible6
543+for the support of a child or to the custodian of a child who is receiving7
544+support enforcement services from the delegate child support enforcement8
545+unit pursuant to article 13 of this title 26. If the obligor has applied for9
546+child support services, the notice must be served on the obligee. The10
547+notice must advise the APA-respondent:11
548+(i) That the delegate child support enforcement unit may issue an12
549+administrative subpoena to obtain income information; from the obligor;13
550+SECTION 14. In Colorado Revised Statutes, 26-13.5-103,14
551+amend (1)(s) as follows:15
552+26-13.5-103. Notice of financial responsibility issued -16
553+contents. (1) The delegate child support enforcement unit shall issue a17
554+notice of financial responsibility to the APA-respondent who is the18
555+obligee or an obligor who owes a child support debt or who is responsible19
556+for the support of a child or to the custodian of a child who is receiving20
557+support enforcement services from the delegate child support enforcement21
558+unit pursuant to article 13 of this title 26. If the obligor has applied for22
559+child support services, the notice must be served on the obligee. The23
560+notice must advise the APA-respondent:24
561+(s) That, if the APA-petitioner or APA-respondent has any25
562+questions, he or she THE APA-PETITIONER OR APA-RESPONDENT should26
543563 telephone,
544-E-MAIL, or visit the delegate child support enforcement unit;
545-SECTION 15. In Colorado Revised Statutes, 26-13.5-105, amend
546-(3)(d) as follows:
547-26-13.5-105. Negotiation conference - issuance of order of
548-financial responsibility - filing of order with district court.
549-(3) (d) Notwithstanding any rules of the Colorado rules of civil procedure,
550-a complaint is not required in order to initiate a court action pursuant to this
551-subsection (3). The court shall inform the delegate child support
552-enforcement unit of the date and location of the hearing and the court or the
553-delegate child support enforcement unit shall send a notice to the
554-APA-petitioner and APA-respondent informing each party of the date and
555-location of the hearing. In order to meet federal requirements of expedited
556-process for child support enforcement, the court shall hold a hearing and
557-decide only the issue of child support within ninety days after receipt of
558-notice, as defined in section 26-13.5-102 (13), or within six months after
559-receipt of notice, as defined in section 26-13.5-102 (13), if the
560-APA-petitioner or APA-respondent is contesting the issue of paternity
561-PARENTAGE. THE JUDGE OR MAGISTRATE SHALL ADVISE THE PARTIES THAT
562-PAGE 13-SENATE BILL 23-173 SUBSEQUENT TO AN ADJUDICATION OF PARENTAGE , UPON REQUEST, THE
563-COURT SHALL ENTER AN ORDER ALLOCATING PARENTAL RESPONSIBILITIES
564-PURSUANT TO SECTION
565-14-10-124 (1.5); EXCEPT THAT, IN MATTERS
566-INVOLVING A NONRESIDENT PARTY
567-, THE COURT SHALL FIRST DETERMINE
568-WHETHER IT HAS AUTHORITY TO ISSUE AN ORDER ALLOCATING PARENTAL
569-RESPONSIBILITIES PURSUANT TO ARTICLE
570-13 OF TITLE 14. If the obligor raisesissues EITHER PARTY REQUESTS ORDERS relating to the allocation of parental
571-responsibilities, decision-making responsibility, or parenting time and the
572-court has jurisdiction to hear such matters
573-BUT IS UNABLE TO HOLD A
574-HEARING TO ADDRESS ALL ISSUES WITHIN THE FEDERALLY REQUIRED TIME
575-FRAME FOR EXPEDITED PROCESS FOR CHILD SUPPORT ENFORCEMENT
576-DESCRIBED ABOVE
577-, the court shall set a separate hearing for those issues
578-after entry of the order of support. In any action, including an action for
579-paternity
580- PARENTAGE, additional service beyond that originally required
581-pursuant to section 26-13.5-104 is not required if a stipulation is not reached
582-at the negotiation conference and the court is requested to set a hearing in
583-the matter.
584-SECTION 16. In Colorado Revised Statutes, 26-13.5-105, amend
585-(1) introductory portion, (1)(d), (3)(c) introductory portion, and (3)(c)(I) as
586-follows:
587-26-13.5-105. Negotiation conference - issuance of order of
588-financial responsibility - filing of order with district court. (1) Every
589-APA-respondent who has been served with a notice of financial
590-responsibility pursuant to section 26-13.5-104 shall appear at the time and
591-location stated in the notice for a negotiation conference or shall reschedule
592-a negotiation conference prior to the date and time stated in the notice. The
593-negotiation conference must be scheduled not more than thirty-five days
594-after the date of the issuance of the notice of financial responsibility. A
595-negotiation conference may be rescheduled by a request for a standard
596-continuance by the APA-petitioner or APA-respondent. A standard
597-continuance must not be more than seven days after the date of the currently
598-scheduled negotiation conference. The negotiation conference may also be
599-continued for good cause as defined in rules promulgated pursuant to
600-section 26-13.5-113. If a negotiation conference is continued, the
601-APA-petitioner and APA-respondent must be notified of such continuance
602-by first-class mail, hand delivery, or electronic means if agreed to by both
603-parties. A
604- STIPULATION IN AN ESTABLISHMENT ACTION MAY BE SIGNED BY
605-THE
606-APA-RESPONDENT AND THE DELEGATE CHILD SUPPORT ENFORCEMENT
607-PAGE 14-SENATE BILL 23-173 UNIT, WITH OR WITHOUT THE SI GNATURE OF THE APA-PETITIONER. If a
608-stipulation is agreed upon at the negotiation conference as to the obligor's
609-duty of support, the delegate child support enforcement unit shall issue an
610-administrative order of financial responsibility setting forth the following:
611-(d) The names and dates of birth of the parties and of the children
612-for whom support is being sought and the parties' residential and mailing
564+E-MAIL, or visit the delegate child support enforcement unit;27
565+173
566+-17- SECTION 15. In Colorado Revised Statutes, 26-13.5-105,1
567+amend (3)(d) as follows:2
568+26-13.5-105. Negotiation conference - issuance of order of3
569+financial responsibility - filing of order with district court.4
570+(3) (d) Notwithstanding any rules of the Colorado rules of civil5
571+procedure, a complaint is not required in order to initiate a court action6
572+pursuant to this subsection (3). The court shall inform the delegate child7
573+support enforcement unit of the date and location of the hearing and the8
574+court or the delegate child support enforcement unit shall send a notice to9
575+the APA-petitioner and APA-respondent informing each party of the date10
576+and location of the hearing. In order to meet federal requirements of11
577+expedited process for child support enforcement, the court shall hold a12
578+hearing and decide only the issue of child support within ninety days after13
579+receipt of notice, as defined in section 26-13.5-102 (13), or within six14
580+months after receipt of notice, as defined in section 26-13.5-102 (13), if15
581+the APA-petitioner or APA-respondent is contesting the issue of paternity16
582+PARENTAGE. THE JUDGE OR MAGISTRATE SHALL ADVISE THE PARTIES THAT17
583+SUBSEQUENT TO AN ADJUDICATION OF PARENTAGE , UPON REQUEST, THE18
584+COURT SHALL ENTER AN ORDER ALLOCATING PARENTAL RESPONSIBILITIES19
585+PURSUANT TO SECTION 14-10-124 (1.5); EXCEPT THAT, IN MATTERS20
586+INVOLVING A NONRESIDENT PARTY , THE COURT SHALL FIRST DETERMINE21
587+WHETHER IT HAS AUTHORITY TO ISSUE AN ORDER ALLOCATING PARENTAL22
588+RESPONSIBILITIES PURSUANT TO ARTICLE 13 OF TITLE 14. If the obligor23
589+raises issues EITHER PARTY REQUESTS ORDERS relating to the allocation24
590+of parental responsibilities, decision-making responsibility, or parenting25
591+time and the court has jurisdiction to hear such matters
592+BUT IS UNABLE TO26
593+HOLD A HEARING TO ADDRESS ALL ISSUES WITHIN THE FEDERALLY27
594+173
595+-18- REQUIRED TIME FRAME FOR EXPEDITED PROCESS FOR CHILD SUPPORT1
596+ENFORCEMENT DESCRIBED ABOVE , the court shall set a separate hearing2
597+for those issues after entry of the order of support. In any action,3
598+including an action for paternity PARENTAGE, additional service beyond4
599+that originally required pursuant to section 26-13.5-104 is not required if5
600+a stipulation is not reached at the negotiation conference and the court is6
601+requested to set a hearing in the matter.7
602+SECTION 16. In Colorado Revised Statutes, 26-13.5-105,8
603+amend (1) introductory portion, (1)(d), and (3)(c)(I) as follows:9
604+26-13.5-105. Negotiation conference - issuance of order of10
605+financial responsibility - filing of order with district court. (1) Every11
606+APA-respondent who has been served with a notice of financial12
607+responsibility pursuant to section 26-13.5-104 shall appear at the time and13
608+location stated in the notice for a negotiation conference or shall14
609+reschedule a negotiation conference prior to the date and time stated in15
610+the notice. The negotiation conference must be scheduled not more than16
611+thirty-five days after the date of the issuance of the notice of financial17
612+responsibility. A negotiation conference may be rescheduled by a request18
613+for a standard continuance by the APA-petitioner or APA-respondent. A19
614+standard continuance must not be more than seven days after the date of20
615+the currently scheduled negotiation conference. The negotiation21
616+conference may also be continued for good cause as defined in rules22
617+promulgated pursuant to section 26-13.5-113. If a negotiation conference23
618+is continued, the APA-petitioner and APA-respondent must be notified24
619+of such continuance by first-class mail, hand delivery, or electronic means25
620+if agreed to by both parties. A
621+ STIPULATION IN AN ESTABLISHMENT ACTION26
622+MAY BE SIGNED BY THE APA-RESPONDENT AND THE DELEGATE CHILD27
623+173
624+-19- SUPPORT ENFORCEMENT UNIT , WITH OR WITHOUT THE SIGNATURE OF THE1
625+APA-
626+PETITIONER. If a stipulation is agreed upon at the negotiation2
627+conference as to the obligor's duty of support, the delegate child support3
628+enforcement unit shall issue an administrative order of financial4
629+responsibility setting forth the following:5
630+(d) The names and dates of birth of the parties and of the children6
631+for whom support is being sought and the parties' residential and mailing7
613632 addresses,
614-UNLESS THAT INFORMATION MUST NOT BE DISCLOSED PURSUANT
615-TO SECTION
616-26-13-102.8.
617-(3) (c) If a stipulation is not agreed upon at the negotiation
633+UNLESS THAT INFORMATION MUST NOT BE DISCLOSED8
634+PURSUANT TO SECTION 26-13-102.8.9
635+(3) (c) If a stipulation is not agreed upon at the negotiation10
618636 conference and paternity
619- PARENTAGE is not an issue, or, if paternity
620-PARENTAGE is an issue and either the evidence relating to paternity
621-PARENTAGE meets the requirements set forth in section 13-25-126 (1)(g), or
622-parentage has been previously determined by another state, the delegate
623-child support enforcement unit shall:
624-(I) Issue temporary orders establishing current child support, arrears,
625-foster care maintenance, AND medical support; and reasonable support for
626-a time period prior to the entry of the order for support;
627-SECTION 17. In Colorado Revised Statutes, 26-13.5-105, amend
628-(5) as follows:
629-26-13.5-105. Negotiation conference - issuance of order of
630-financial responsibility - filing of order with district court. (5) If the
631-court or delegate child support enforcement unit finds that the respondent
632-OBLIGOR has an obligation to support the child or children mentioned in the
633-petition or notice, the court or delegate child support enforcement unit may
634-enter an order directing the respondent
635- OBLIGOR to pay such sums for
636-support as may be reasonable under the circumstances, taking into
637-consideration the factors found in section 19-4-116 (6). C.R.S.
638- The court or
639-delegate child support enforcement unit may also enter an order directing
640-the appropriate party to pay for support of the child, in an amount as may
641-be determined by the court or delegate child support enforcement unit to be
642-reasonable under the circumstances, for a time period which occurred prior
643-to the entry of the support order established
644- MONTH THE CHILD SUPPORT
645-OBLIGATION BEGINS
646- pursuant to section 19-6-104. C.R.S.
647-SECTION 18. In Colorado Revised Statutes, 26-13.5-106, amend
648-PAGE 15-SENATE BILL 23-173 (1)(c)(IV) as follows:
649-26-13.5-106. Default - issuance of establishment order of default
650-- filing of order with district court - rules. (1) (c) The court shall approve
651-the order of default, which must include the following:
637+ PARENTAGE is not an issue, or, if paternity11
638+PARENTAGE is an issue and either the evidence relating to paternity12
639+PARENTAGE meets the requirements set forth in section 13-25-126 (1)(g),13
640+or parentage has been previously determined by another state, the14
641+delegate child support enforcement unit shall:15
642+(I) Issue temporary orders establishing current child support,16
643+arrears, foster care maintenance, AND medical support; and reasonable17
644+support for a time period prior to the entry of the order for support;18
645+SECTION 17. In Colorado Revised Statutes, 26-13.5-105,19
646+amend (5) as follows:20
647+26-13.5-105. Negotiation conference - issuance of order of21
648+financial responsibility - filing of order with district court. (5) If the22
649+court or delegate child support enforcement unit finds that the respondent23
650+OBLIGOR has an obligation to support the child or children mentioned in24
651+the petition or notice, the court or delegate child support enforcement unit25
652+may enter an order directing the respondent OBLIGOR to pay such sums for26
653+support as may be reasonable under the circumstances, taking into27
654+173
655+-20- consideration the factors found in section 19-4-116 (6). C.R.S. The court1
656+or delegate child support enforcement unit may also enter an order2
657+directing the appropriate party to pay for support of the child, in an3
658+amount as may be determined by the court or delegate child support4
659+enforcement unit to be reasonable under the circumstances, for a time5
660+period which occurred prior to the entry of the support order established6
661+MONTH THE CHILD SUPPORT OBLIGATION BEGINS pursuant to section7
662+19-6-104. C.R.S.8
663+SECTION 18. In Colorado Revised Statutes, 26-13.5-106,9
664+amend (1)(c)(IV) as follows:10
665+26-13.5-106. Default - issuance of establishment order of11
666+default - filing of order with district court - rules. (1) (c) The court12
667+shall approve the order of default, which must include the following:13
652668 (IV) The name of the child's custodian and the name
653-AND birth date
654-and social security number
655- of the child for whom support is being sought;
656-SECTION 19. In Colorado Revised Statutes, 26-13.5-106, amend
657-(1)(d) as follows:
658-26-13.5-106. Default - issuance of establishment order of default
659-- filing of order with district court - rules. (1) (d) The order for default
660-may direct the obligor to pay for support of the child, in an amount
661-determined by the court or delegate child support enforcement unit to be
662-reasonable under the circumstances, for a time period prior to the entry of
663-MONTH THE CHILD SUPPORT OBLIGATION BEGINS IN the order establishing
664-FINANCIAL RESPONSIBILITY AND paternity PARENTAGE.
665-SECTION 20. In Colorado Revised Statutes, 26-13.5-122, amend
666-(4) as follows:
667-26-13.5-122. Survivability of an administrative process action
668-order - applicability. (4) If an APA order contains a judgment for
669-retroactive support that is owed to a nonparent caretaker of a dependent
670-child, such judgment survives pursuant to this section IF THE APA ORDER
671-ESTABLISHES A SUPPORT OBLIGATION THAT IS OWED TO A NONPARENT
672-CARETAKER
673-, THE SUPPORT OBLIGATION , INCLUDING ANY RETROACTIVE
674-SUPPORT
675-, UNPAID SUPPORT, AND MONTHLY SUPPORT OWED TO THE
676-NONPARENT CARETAKER SURVIVE PURSUANT TO THIS SECTION
677-.
678-SECTION 21. In Colorado Revised Statutes, 14-10-115, amend
679-(16)(b), (16)(c)(I), (16)(c)(II)(B), (16)(c)(II)(G), (16)(c)(III), and (16)(d) as
680-follows:
681-14-10-115. Child support guidelines - purpose - determination
682-of income - schedule of basic child support obligations - adjustments to
683-basic child support - additional guidelines - child support commission
684-- definitions. (16) Child support commission. (b) As part of its review,
685-PAGE 16-SENATE BILL 23-173 the commission must SHALL consider economic data on the cost of raising
686-children and analyze case data on the application of, and deviations from,
687-the guidelines and the schedule of basic child support obligations to be used
688-in the commission's review to ensure that deviations from the guidelines and
689-schedule of basic child support obligations are limited. F
690-URTHER, AS PART
691-OF ITS REVIEW
692-, THE COMMISSION SHALL CONSIDER:
669+AND birth14
670+date and social security number
671+ of the child for whom support is being15
672+sought;16
673+SECTION 19. In Colorado Revised Statutes, 26-13.5-106,17
674+amend (1)(d) as follows:18
675+26-13.5-106. Default - issuance of establishment order of19
676+default - filing of order with district court - rules. (1) (d) The order for20
677+default may direct the obligor to pay for support of the child, in an21
678+amount determined by the court or delegate child support enforcement22
679+unit to be reasonable under the circumstances, for a time period prior to23
680+the entry of MONTH THE CHILD SUPPORT OBLIGATION BEGINS IN the order24
681+establishing
682+FINANCIAL RESPONSIBILITY AND paternity
683+ PARENTAGE.25
684+SECTION 20. In Colorado Revised Statutes, 26-13.5-122,26
685+amend (4) as follows:27
686+173
687+-21- 26-13.5-122. Survivability of an administrative process action1
688+order - applicability. (4) If an APA order contains a judgment for2
689+retroactive support that is owed to a nonparent caretaker of a dependent3
690+child, such judgment survives pursuant to this section IF THE APA ORDER4
691+ESTABLISHES A SUPPORT OBLIGATION THAT IS OWED TO A NONPARENT5
692+CARETAKER, THE SUPPORT OBLIGATION, INCLUDING ANY RETROACTIVE6
693+SUPPORT, UNPAID SUPPORT, AND MONTHLY SUPPORT OWED TO THE7
694+NONPARENT CARETAKER SURVIVE PURSUANT TO THIS SECTION .8
695+SECTION 21. In Colorado Revised Statutes, 14-10-115, amend9
696+(16)(b), (16)(c)(I), (16)(c)(II)(B), (16)(c)(II)(G), (16)(c)(III), and (16)(d)10
697+as follows:11
698+14-10-115. Child support guidelines - purpose - determination12
699+of income - schedule of basic child support obligations - adjustments13
700+to basic child support - additional guidelines - child support14
701+commission - definitions. (16) Child support commission. (b) As part15
702+of its review, the commission must SHALL consider economic data on the16
703+cost of raising children and analyze case data on the application of, and17
704+deviations from, the guidelines and the schedule of basic child support18
705+obligations to be used in the commission's review to ensure that19
706+deviations from the guidelines and schedule of basic child support20
707+obligations are limited. F
708+URTHER, AS PART OF ITS REVIEW , THE
709+21
710+COMMISSION SHALL CONSIDER :22
693711 (I) E
694712 STABLISHING AN ADEQUATE STANDARD OF SUPPORT FOR
695-CHILDREN
696-, SUBJECT TO THE PARENTS' ABILITY TO PAY;
713+23
714+CHILDREN, SUBJECT TO THE PARENTS' ABILITY TO PAY;24
697715 (II) M
698716 AKING AWARDS MORE EQUITABLE BY ENSURING MORE
699-CONSISTENT TREATMENT OF PERSONS IN SIMILAR CIRCUMSTANCES
700-; AND
701-(III) IMPROVING THE EFFICIENCY OF THE COURT PROCESS BY
702-PROMOTING SETTLEMENTS AND GIVING COURTS AND THE PARTIES GUIDANCE
703-ON ESTABLISHING LEVELS OF AWARDS
704-.
705-(c) (I) The child support commission consists of no more than
717+25
718+CONSISTENT TREATMENT OF PERSONS IN SIMILAR CIRCUMSTANCES ; AND26
719+(III) I
720+MPROVING THE EFFICIENCY OF THE COURT PROCESS BY
721+27
722+173
723+-22- PROMOTING SETTLEMENTS AND GIVING COURTS AND THE PARTIES1
724+GUIDANCE ON ESTABLISHING LEVELS OF AWARDS .2
725+(c) (I) The child support commission consists of no more than3
706726 twenty-one members. T
707727 HE COMMISSION IS DEDICATED TO INCLUDING
708-DIVERSE PERSPECTIVES IN ITS RECOMMENDATIONS
709-.
710-(II) The governor shall appoint up to nineteen persons to the
711-commission, who must include:
712-(B) The director of the division in the state department of human
713-services, who is responsible for child support enforcement
714- SERVICES, or the
715-director's designee;
728+4
729+DIVERSE PERSPECTIVES IN ITS RECOMMENDATIONS .5
730+(II) The governor shall appoint up to nineteen persons to the6
731+commission, who must include:7
732+(B) The director of the division in the state department of human8
733+services, who is responsible for child support enforcement SERVICES, or9
734+the director's designee;10
716735 (G) A
717-T LEAST FOUR parent representatives, AT LEAST TWO OF WHOM
718-ARE PRESENT OR PAST OBLIGORS AND TW O OF WHOM ARE PRESENT OR PAST
719-OBLIGEES
720-.
721-(III) In making appointments to the commission, the governor shall
722-attempt to assure
723-RACIAL, ECONOMIC, GENDER, AND geographical diversity.
724-(d) Members of the child support commission, shall not be
725-compensated for their services on the commission except as otherwise
726-provided in section 2-2-326, C.R.S., and except that members shall be
727-reimbursed for actual and necessary expenses for travel and mileage
728-incurred in connection with their duties. The child support commission is
729-PAGE 17-SENATE BILL 23-173 authorized, subject to appropriation, to incur expenses related to its work,
730-including the costs associated with public hearings, printing, travel, and
731-research.
732-SECTION 22. In Colorado Revised Statutes, 19-4-105, amend
733-(2)(b) introductory portion as follows:
734-19-4-105. Presumption of paternity. (2) (b) A duly executed
735-voluntary acknowledgment of parentage takes effect upon the filing of the
736-document with the state registrar of vital statistics and may be rescinded on
737-WITHIN the earlier of:
738-SECTION 23. In Colorado Revised Statutes, amend 19-4-130 as
739-follows:
740-19-4-130. Temporary orders for allocation of parental
741-responsibilities. (1) Upon the filing of any proceeding under this article
742-ARTICLE 4 or under article 13.5 of title 26, C.R.S., the court shall, as soon
743-as practicable UPON MOTION OF A PARTY, enter a temporary or permanent
744-order allocating parental responsibilities that shall allocate ALLOCATES the
745-decision-making responsibility and parenting time of the child until further
746-order of the court.
747-(2) Subsection (1) of this section shall
748- DOES not apply to any
749-paternity PARENTAGE determination made pursuant to section 14-5-402.
750-C.R.S.
751-SECTION 24. Effective date. (1) Except as otherwise provided in
752-this section, this act takes effect upon passage.
753-(2) Sections 3, 4, 6, 9, 10, 12, 13, 14, 15, 16, 18, and 20 of this act
754-take effect July 1, 2023.
755-(3) Section 21 of this act takes effect August 1, 2023.
756-(4) Sections 1, 7, 8, 11, 17, and 19 of this act take effect September
757-1, 2023.
758-(5) Section 2 of this act takes effect July 1, 2024.
759-PAGE 18-SENATE BILL 23-173 SECTION 25. Safety clause. The general assembly hereby finds,
760-determines, and declares that this act is necessary for the immediate
761-preservation of the public peace, health, or safety.
762-____________________________ ____________________________
763-Steve Fenberg Julie McCluskie
764-PRESIDENT OF SPEAKER OF THE HOUSE
765-THE SENATE OF REPRESENTATIVES
766-____________________________ ____________________________
767-Cindi L. Markwell Robin Jones
768-SECRETARY OF CHIEF CLERK OF THE HOUSE
769-THE SENATE OF REPRESENTATIVES
770- APPROVED________________________________________
771- (Date and Time)
772- _________________________________________
773- Jared S. Polis
774- GOVERNOR OF THE STATE OF COLORADO
775-PAGE 19-SENATE BILL 23-173
736+T LEAST FOUR parent representatives, AT LEAST TWO OF
737+11
738+WHOM ARE PRESENT OR PAST OBLI GORS AND TWO OF WHOM ARE PRESENT12
739+OR PAST OBLIGEES.13
740+(III) In making appointments to the commission, the governor14
741+shall attempt to assure
742+RACIAL, ECONOMIC, GENDER, AND geographical
743+15
744+diversity.16
745+(d) Members of the child support commission, shall not be17
746+compensated for their services on the commission except as otherwise18
747+provided in section 2-2-326, C.R.S., and except that members shall be19
748+reimbursed for actual and necessary expenses for travel and mileage20
749+incurred in connection with their duties. The child support commission21
750+is authorized, subject to appropriation, to incur expenses related to its22
751+work, including the costs associated with public hearings, printing, travel,23
752+and research.24
753+SECTION 22. In Colorado Revised Statutes, 19-4-105, amend25
754+(2)(b) as follows:26
755+19-4-105. Presumption of paternity. (2) (b) A duly executed27
756+173
757+-23- voluntary acknowledgment of parentage takes effect upon the filing of the1
758+document with the state registrar of vital statistics and may be rescinded2
759+on WITHIN the earlier of:3
760+SECTION 23. In Colorado Revised Statutes, amend 19-4-130 as4
761+follows:5
762+19-4-130. Temporary orders for allocation of parental6
763+responsibilities. (1) Upon the filing of any proceeding under this article7
764+ARTICLE 4 or under article 13.5 of title 26, C.R.S., the court shall, as soon8
765+as practicable UPON MOTION OF A PARTY, enter a temporary or permanent9
766+order allocating parental responsibilities that shall allocate ALLOCATES the10
767+decision-making responsibility and parenting time of the child until11
768+further order of the court. 12
769+(2) Subsection (1) of this section shall DOES not apply to any13
770+paternity PARENTAGE determination made pursuant to section 14-5-402.14
771+C.R.S.15
772+SECTION 24. Effective date. (1) Except as otherwise provided16
773+in this section, this act takes effect upon passage.17
774+(2) Sections 3, 4, 6, 9, 10, 12, 13, 14, 15, 16, 18, and 20 of this act18
775+take effect July 1, 2023.19
776+(3) Section 21 of this act takes effect August 1, 2023.20
777+(4) Sections 1, 7, 8, 11, 17, and 19 of this act take effect21
778+September 1, 2023.22
779+(5) Section 2 of this act takes effect July 1, 2024.23
780+SECTION 25. Safety clause. The general assembly hereby finds,24
781+determines, and declares that this act is necessary for the immediate25
782+preservation of the public peace, health, or safety.26
783+173
784+-24-