SENATE BILL 23-173
BY SENATOR(S) Fields and Liston, Buckner, Gardner, Ginal, Hansen,
Lundeen, Marchman, Pelton R., Priola, Smallwood;
also REPRESENTATIVE(S) Bradley and Joseph, Bacon, Dickson, Duran,
English, Epps, Froelich, Gonzales-Gutierrez, Hamrick, Jodeh, Kipp,
Lindsay, McCormick, McLachlan, Michaelson Jenet, Pugliese, Ricks,
Valdez, McCluskie.
C
ONCERNING RECOMMENDATIONS OF THE COLORADO CHILD SUPPORT
COMMISSION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 14-10-115, amend
(2)(a) as follows:
14-10-115. Child support guidelines - purpose - determination
of income - schedule of basic child support obligations - adjustments to
basic child support - additional guidelines - child support commission
- definitions. (2) Duty of support - factors to consider. (a) In a
proceeding for dissolution of marriage, legal separation, maintenance, or
child support, the court may order either or both parents owing a duty of
support to a child of the marriage to pay an amount reasonable or necessary
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. for the child's support and may order an amount determined to be
reasonable under the circumstances for a time period that occurred after the
date of the parties' physical separation or the filing of the petition or service
upon the respondent, whichever date is latest, and prior to the entry of the
support order MONTH THE CHILD SUPPORT OBLIGATION BEGINS , without
regard to marital misconduct.
SECTION 2. In Colorado Revised Statutes, 14-10-115, amend
(4)(a); and add (4)(c) and (14)(c) as follows:
14-10-115. Child support guidelines - purpose - determination
of income - schedule of basic child support obligations - adjustments to
basic child support - additional guidelines - child support commission
- definitions. (4) Forms - identifying information - advisement. (a) The
child support guidelines shall
MUST be used with standardized child support
guideline forms to be issued by the judicial department. The judicial
department is responsible for promulgating and updating the Colorado child
support guideline forms, schedules, worksheets, and
instructions, AND
ADVISEMENTS
.
(c) A
LL CHILD SUPPORT ORDERS ENTERED PURSUANT TO THIS
ARTICLE
10 MUST INCLUDE A WRITTEN ADVISEMENT TO THE PARTIES THAT
CONFORM WITH THE WRITTEN CHILD SUPPORT ADVISEMENT APPROVED BY
THE JUDICIAL BRANCH
, COVERING THE FOLLOWING TOPICS , IN PLAIN
LANGUAGE
:
(I) T
HAT A PARTY WHO DOES NOT PAY CHILD SUPPORT MAY BE
SUBJECT TO JUDICIAL AND ADMINISTRATIVE ENFORCEMENT REMEDIES AND
EXAMPLES OF THOSE REMEDIES
;
(II) T
HE OPERATION OF INCOME ASSIGNMENTS ;
(III) T
HE APPLICATION OF INTEREST ON ARREARS ;
(IV) T
HE PARTIES' OBLIGATIONS CONCERNING PROOF OF PAYMENT ;
(V) T
HE BASIS FOR A MODIFICATION OR CHANGE OF SUPPORT ,
INCLUDING THE DEFINITION OF A SUBSTANTIAL AND CONTINUING CHANGE OF
CIRCUMSTANCES
;
PAGE 2-SENATE BILL 23-173 (VI) THE EFFECT OF AGREEMENTS TO MODIFY OR AMEND CHILD
SUPPORT AND THE REQUIREMENT FOR COURT AUTHORIZATION OR
ADMINISTRATIVE PROCESS ACTION OF ALL MODIFICATIONS OR AMENDMENTS
;
(VII) T
HE EFFECT OF EMANCIPATION; AND
(VIII) THE EFFECT OF SPOUSAL MAINTENANCE .
(14) Advisement to parties - annual exchange of information.
(c) I
N ANY STATUS CONFERENCE , ADMINISTRATIVE CONFERENCE , OR
HEARING IN WHICH CHILD SUPPORT IS AT ISSUE
, THE COURT OR THE
DELEGATE CHILD SUPPORT UNIT SHALL VERBALLY ADVISE THE PARTIES THAT
FAILURE TO PAY CHILD SUPPORT ORDERED BY THE COURT OR AS A RESULT OF
AN ADMINISTRATIVE PROCESS ACTION MAY RESULT IN ENFORCEMENT
ACTIONS AND THE ADDITION OF INTEREST ON ARREARS AND THAT AN
AGREEMENT TO MODIFY CHILD SUPPORT IS NOT EFFECTIVE UNTIL APPROVED
BY THE COURT
, OR DELEGATE CHILD SUPPORT UNIT FOR ADMINISTRATIVE
ORDERS
, AND ENTERED AS AN ORDER.
SECTION 3. In Colorado Revised Statutes, 14-10-115, amend
(3)(a)(II), (5)(a)(I.5), (5)(a)(II)(C), (5)(b.5)(II)(N), (5)(b.5)(II)(O), (10)(e),
and (10)(h)(II); and add (3)(a)(III), (5)(a)(IV), (5)(b.5)(II)(P), (10)(a.5), and
(10)(h)(III) as follows:
14-10-115. Child support guidelines - purpose - determination
of income - schedule of basic child support obligations - adjustments to
basic child support - additional guidelines - child support commission
- definitions. (3) Definitions. As used in this section, unless the context
otherwise requires:
(a) (II) For purposes of this subsection (3)(a), if the alimony or
maintenance actually paid by a parent is deductible for federal income tax
purposes by that parent,
AND THE ALIMONY OR MAINTENANCE IS PAID AND
RECEIVED BY THE SAME PARTIES AS THE CHILD SUPPORT CALCULATION
, then
the actual amount of alimony or maintenance paid by that parent must be
deducted from that parent's gross income. If the alimony or maintenance
actually paid by a parent is not deductible for federal income tax purposes
by that parent, then the amount of alimony or maintenance deducted from
that parent's gross income is the amount of alimony or maintenance actually
paid by that parent multiplied by 1.25.
SUBJECT TO THE FOLLOWING
PAGE 3-SENATE BILL 23-173 ADJUSTMENTS:
(A) I
F THE COMBINED MONTHLY ADJUSTED GROSS INCOME OF THE
PARTIES TO THE MAINTENANCE PAYMENT IS TEN THOUSAND DOLLARS OR
LESS
, THE MAINTENANCE ACTUALLY PAID WILL BE MULTIPLIED BY 1.25;
(B) I
F THE COMBINED MONTHLY ADJUSTED GROSS INCOME OF THE
PARTIES TO THE MAINTENANCE PAYMENT IS MORE THAN TEN THOUSAND
DOLLARS
, THE MAINTENANCE ACTUALLY PAID WILL BE MULTIPLIED BY 1.33;
AND
(C) IF THE AMOUNT OF ALIMONY OR MAINTENANCE ACTUALLY PAID
IS INCREASED AS DESCRIBED IN THIS SECTION BECAUSE IT IS NOT DEDUCTIBLE
FOR FEDERAL INCOME TAX PURPOSES
, THERE IS A REBUTTABLE PRESUMPTION
THAT THE MULTIPLIER IS CORRECT
. THE PRESUMPTION MAY BE REBUTTED
WITH EVIDENCE INDICATING A DIFFERENT MULTIPLIER IS MORE ACCURATE
DUE TO THE TAX IMPLICATIONS OF THE MAINTENANCE PAYMENT BEING
DIFFERENT THAN THAT REFLECTED BY THE MULTIPLIER
.
(III) I
F A COURT-ORDERED ALIMONY OR MAINTENANCE OBLIGATION
ACTUALLY PAID BY A PARTY DOES NOT INVOLVE THE SAME PARTIES AS THE
CHILD SUPPORT CALCULATION AND IS NOT DEDUCTIBLE FOR FEDERAL
INCOME TAX PURPOSES BY THAT PARTY
, THEN THE AMOUNT OF THE
COURT
-ORDERED ALIMONY OR MAINTENANCE THAT IS DEDUCTED FROM THAT
PARTY
'S GROSS INCOME IS THE AMOUNT ACTUALLY PAID BY THAT PARTY
MULTIPLIED BY
1.25.
(5) Determination of income. (a) For the purposes of the child
support guidelines and schedule of basic child support obligations specified
in this section, the gross income of each parent shall be determined
according to the following guidelines:
(I.5) For purposes of subsection (5)(a)(I)(Y) of this section, if the
alimony or maintenance actually received by a parent is taxable income to
that parent for federal income tax purposes, then the actual amount of
alimony or maintenance received is included in that parent's gross income.
If the alimony or maintenance actually received by a parent is not taxable
income to that parent for federal income tax purposes,
AND THE ALIMONY
OR MAINTENANCE IS PAID AND RECEIVED BY THE SAME PARTIES AS THE
CHILD SUPPORT CALCULATION
, then the amount of alimony or maintenance
PAGE 4-SENATE BILL 23-173 that is included in that parent's gross income is the amount of alimony or
maintenance received by that parent multiplied by 1.25. SUBJECT TO THE
FOLLOWING ADJUSTMENTS
:
(A) I
F THE COMBINED MONTHLY ADJUSTED GROSS INCOME OF THE
PARTIES TO THE MAINTENANCE PAYMENT IS TEN THOUSAND DOLLARS OR
LESS
, THE MAINTENANCE ACTUALLY RECEIVED WILL BE MULTIPLIED BY 1.25;
(B) I
F THE COMBINED MONTHLY ADJUSTED GROSS INCOME OF THE
PARTIES TO THE MAINTENANCE PAYMENT IS MORE THAN TEN THOUSAND
DOLLARS
, THE MAINTENANCE ACTUALLY RECEIVED WILL BE MULTIPLIED BY
1.33; AND
(C) IF THE AMOUNT OF ALIMONY OR MAINTENANCE ACTUALLY
RECEIVED IS INCREASED AS DESCRIBED IN THIS SECTION BECAUSE IT IS NOT
DEDUCTIBLE FOR FEDERAL INCOME TAX PURPOSES
, THERE IS A REBUTTABLE
PRESUMPTION THAT THE MULTIPLIER IS CORRECT
. THE PRESUMPTION MAY BE
REBUTTED WITH EVIDENCE INDICATING A DIFFERENT MULTIPLIER IS MORE
ACCURATE DUE TO THE TAX IMPLICATIONS OF THE MAINTENANCE PAYMENT
BEING DIFFERENT THAN THAT REFLECTED BY THE MULTIPLIER
.
(II) "Gross income" does not include:
(C) Income from additional jobs that result in the employment of theobligor more than forty hours per week or more than what would otherwise
be considered to be full-time employment;
(IV) I
F A PREEXISTING COURT-ORDERED ALIMONY OR MAINTENANCE
OBLIGATION ACTUALLY RECEIVED BY A PARTY DOES NOT INVOLVE THE SAME
PARTIES AS THE CHILD SUPPORT CALCULATION AND IS NOT DEDUCTIBLE FOR
FEDERAL INCOME TAX PURPOSES BY THAT PARTY
, THEN THE AMOUNT OF
PREEXISTING COURT
-ORDERED ALIMONY OR MAINTE NANCE THAT IS
DEDUCTED FROM THAT PARTY
'S GROSS INCOME IS THE AMOUNT ACTUALLY
RECEIVED BY THAT PARTY MULTIPLIED BY
1.25.
(b.5) (II) In determining potential income, the court or delegate child
support enforcement unit shall consider, to the extent known, the specific
circumstances of the parent, including consideration of the following
information, when available:
PAGE 5-SENATE BILL 23-173 (N) Prevailing earnings level in the local community. and THE
TYPICAL HOURS AVAILABLE TO WORKERS IN THE PARENT
'S JOB SECTOR AS
ESTABLISHED BY ANY RELIABLE SOURCE GENERALLY USED AND RELIED ON
BY THE PUBLIC OR PERSONS IN A PARTICULAR OCCUPATION
, INCLUDING, BUT
NOT LIMITED TO
, VERIFIED STATEMENTS, WORK HISTORY, THE UNITED
STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR STATISTICS OR OTHER
RELIABLE COMPILATIONS
, THE DEPARTMENT OF LABOR AND EMPLOYMENT ,
OR OTHER INFORMATION PROVIDED BY THE PARENT . IN THE ABSENCE OF ANY
SUCH INFORMATION
, THE COURT OR DELEGATE CHILD SUPPORT
ENFORCEMENT UNIT SHALL DETERMINE THE PARENT
'S INCOME BASED ON A
REASONABLE RATE OF PAY FOR A THIRTY
-TWO-HOUR WORKWEEK FOR FIFTY
WEEKS EACH YEAR
, SUBJECT TO OTHER FACTORS SET FORTH IN THIS SECTION
THAT MAY AFFECT THE NUMBER OF HOURS THE PARENT IS CAPABLE OF
WORKING
, SUCH AS AGE, HEALTH, OR THE SPECIFIC NEEDS OF THE SUBJECT
CHILD
.
(O) Other relevant background factors in the case.
TRANSPORTATION; AND
(P) OTHER RELEVANT BACKGROUND FACTORS IN THE CASE .
(10) Adjustments for health-care expenditures for children.
(a.5) I
F A CHILD IS COVERED BY INSURANCE, THE PARENT SECURING THE
COVERAGE
, THE EMPLOYER PROVIDING THE COVERAGE , OR THE INSURANCE
PROVIDER SHALL PROVIDE
, UPON REQUEST BY THE POLICY HOLDER OR BY
COURT ORDER
, THE INSURANCE PROVIDER 'S NAME, THE INSURANCE
PROVIDER
'S TELEPHONE NUMBER, THE GROUP AND POLICY NUMBER, AND THE
CLAIM ADDRESS TO THE NON
-POLICY HOLDER. THE INFORMATION MUST BE
PROVIDED UNLESS OTHERWISE ORDERED BY THE COURT FOR GOOD CAUSE
SHOWN
. THIS SUBSECTION (10) AUTHORIZES THE RELEASE OF INFORMATION
TO THE OTHER PARTY OR PARTIES
. AFTER NOTICE TO THE PARTY OR PARTIES
OF THIS OBLIGATION
, THE COURT HAS THE AUTHORITY TO FINE THE PARENT
SECURING COVERAGE FOR FAILURE TO PROVIDE THE REQUIRED
INFORMATION
.
(e) Prior to allowing the health insurance adjustment, the parent
requesting the adjustment must submit proof that the child or children have
been enrolled in a health insurance plan and must submit proof of the cost
of the premium. The court shall require the parent receiving the adjustment
to submit annually proof of continued coverage of the child or children to
PAGE 6-SENATE BILL 23-173 the delegate child support enforcement unit and to the other parent ANY
PARENT PROVIDING INSURANCE COVERAGE FOR THE CHILD PURSUANT TO
THIS SECTION MUST NOTIFY THE OTHER PARTY OR PARTIES AND THE
DELEGATE CHILD SUPPORT ENFORCEMENT UNIT OF ANY CHANGE OR
DISCONTINUATION OF COVERAGE AS SOON AS PRACTICABLE
, BUT NO LATER
THAN FOURTEEN DAYS AFTER THE CHANGE
.
(h) (II) Extraordinary medical expenses are uninsured expenses,
including copayments and deductible amounts, in excess of two hundred
fifty dollars per child per calendar year. Extraordinary medical expenses
include, but need not be limited to, such reasonable costs as are reasonably
necessary for orthodontia, dental treatment, asthma treatments, physical
therapy, vision care, and any uninsured chronic health problem. At the
discretion of the court, professional counseling or psychiatric therapy for
diagnosed behavioral or mental health disorders, may also be considered as
an extraordinary medical expense AND ANY UNINSURED CHRONIC HEALTH
PROBLEM
.
(III) (A) T
HE PARTY SEEKING REIMBURSEMENT FOR AN UNINSURED
MEDICAL EXPENSE MUST PROVIDE PROOF OF THE EXPENSE TO THE
REIMBURSING PARTY WITHIN A REASONABLE TIME AFTER INCURRING THE
EXPENSE
. ABSENT EXTRAORDINARY CIRCUMSTANCES , FAILURE TO PROVIDE
PROOF OF THE EXPENSE TO THE REIMBURSING PARTY BY
JULY 1 OF THE YEAR
FOLLOWING THE CALENDAR YEAR IN WHICH THE EXPENSE WAS INCURRED
RESULTS IN A WAIVER OF THE REIMBURSEMENT
.
(B) T
HE PARTY SEEKING REIMBURSEMENT MAY FILE A MOTION FOR
JUDGMENT OF UNINSURED MEDICAL EXPENSES FOR THAT PARTICULAR
CALENDAR YEAR IF THE PARTY FAILS TO RESP OND AND REIMBURSE THE
EXPENSES OR REACH A PAYMENT ARRANGEMENT WITH THE REQUESTING
PARTY WITHIN FORTY
-NINE DAYS AFTER THE DATE THE REQUEST WAS
RECEIVED
. THE MOTION MUST SPECIFY THE AMOUNT OF THE EXPENSE
INCURRED
, THE AMOUNT SOUGHT FROM THE OTHER PARTY PURSUANT TO
SUBSECTION
(10)(h)(I) OF THIS SECTION, AND WHEN AND HOW THE REQUEST
FOR REIMBURSEMENT WAS MADE TO THE OTHER PARTY
. ANY RESPONSE TO
THE MOTION MUST INCLUDE ANY OBJECTION TO THE COSTS REQUESTED OR
PROPOSED PAYMENT ARRANGEMENTS
.
SECTION 4. In Colorado Revised Statutes, 14-10-123, add
(1)(a)(III) as follows:
PAGE 7-SENATE BILL 23-173 14-10-123. Commencement of proceedings concerning allocation
of parental responsibilities - jurisdiction - automatic temporary
injunction - enforcement - definitions. (1) A proceeding concerning the
allocation of parental responsibilities is commenced in the district court or
as otherwise provided by law:
(a) By a parent:
(III) B
Y FILING A MOTION SEEKING THE ALLOCATION OF PARENTAL
RESPONSIBILITIES WITH RESPECT TO A CHILD IN AN EXISTING JUVENILE
COURT CASE FILED PURSUANT TO ARTICLE
4 OR 6 OF TITLE 19 OR ARTICLE
13.5 OF TITLE 26; OR
SECTION 5. In Colorado Revised Statutes, 14-14-111.5, amend
(4)(c)(XIV), (8)(b), and (19) as follows:
14-14-111.5. Income assignments for child support or
maintenance. (4) Notice to withhold income for support. (c) A notice
to withhold income for support must be provided on a federal office of
management and budget-approved income withholding for support form
and must contain the following information and, except in cases in which
the obligee is receiving child support enforcement services pursuant to
section 26-13-106, must include a certified copy of the support order:
(XIV) A statement that a fraudulent submission of a notice to
withhold income for support subjects the person submitting the notice to an
employer, trustee, or other payor of funds to a fine of not less than one
thousand
HUNDRED dollars and court costs and attorney fees.
(8) An employer, trustee, or other payer of funds subject to this
section who:
(b) Wrongfully fails to withhold income
OR DISTRIBUTE PAYMENT
in accordance with the provisions of this section shall be
IS liable for both
the accumulated amount the employer, trustee, or other payer of funds
should have withheld
AND NOT DISBURSED from the obligor's income,
INCLUDING, UPON PERSONAL SERVICE PURSUANT TO RULE 4 OF THE
COLORADO RULES OF CIVIL PROCEDURE , BEING SUBJECT TO THE
JURISDICTION OF THE COURT FOR PURPOSES OF ENTRY OF JUDGMENT
PURSUANT TO SECTIONS
13-52-101 TO 13-52-111 AND RULE 54 OF THE
PAGE 8-SENATE BILL 23-173 COLORADO RULES OF CIVIL PROCEDURE , UP TO THE AMOUNT WRONGFULLY
WITHHELD AND COSTS ASSOCIATED WITH ESTABLISHING AND ENFORCING THE
JUDGMENT
and any other penalties set by state law;
(19) A person submitting a fraudulent notice to withhold income for
support to an employer, trustee, or other payor of funds commits a civil
infraction IS SUBJECT TO A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS
PLUS COURT COSTS AND ATTORNEY FEES
.
SECTION 6. In Colorado Revised Statutes, 19-4-111, amend (1)
as follows:
19-4-111. Pretrial proceedings. (1) As soon as practicable after an
action to declare the existence or nonexistence of the father-childPARENT-CHILD relationship has been brought, an informal hearing shall be
held if it is determined by the court to be in the child's best interest. The
court may order that the hearing be held before a magistrate. The public
shall
MUST be barred from the hearing if it is determined by the court to be
in the best interest of any of the parties. A record of the proceeding or any
portion thereof shall
MUST be kept if any party requests or the court orders.
Rules of evidence need not be observed. At the informal hearing, the judge
or magistrate shall give a verbal advisement to the parties that a request for
genetic tests shall
MUST not prejudice the requesting party in matters
concerning allocation of parental responsibilities pursuant to section
14-10-124 (1.5). C.R.S.
The judge or magistrate shall further advise the
parties that, if genetic tests are not obtained prior to the legal establishment
of paternity
PARENTAGE and submitted into evidence prior to the entry of
the final order establishing paternity PARENTAGE, the genetic tests may not
be allowed into evidence at a later date. T
HE JUDGE OR MAGISTRATE SHALL
FURTHER ADVISE THE PARTIES THAT SUBSEQUENT TO AN ADJUDICATION OF
PARENTAGE
, UPON MOTION, THE COURT SHALL ENTER ORDERS FOR
ALLOCATION OF PARENTAL RESPONSIBILITIES PURSUANT TO SECTION
14-10-124 (1.5); EXCEPT THAT, IN MATTERS INVOLVING A NONRESIDENT
PARTY
, THE COURT SHALL FIRST DETERMINE WHETHER IT HAS AUTHORITY TO
ISSUE AN ORDER ALLOCATING PARENTAL RESPONSIBILITIES PURSUANT TO
ARTICLE
13 OF TITLE 14.
SECTION 7. In Colorado Revised Statutes, 19-4-116, amend (4)
as follows:
PAGE 9-SENATE BILL 23-173 19-4-116. Judgment or order - birth-related costs - evidence.
(4) Support judgments or orders ordinarily shall MUST be for periodic
payments which may vary in amount. In the best interest of the child, a
lump-sum payment or the purchase of an annuity may be ordered in lieu of
periodic payments of support. The court or delegate child support
enforcement unit may enter an order directing the father
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 which
THAT occurred prior to the entry of
the order establishing paternity MONTH THE CHILD SUPPORT OBLIGATION
BEGINS
. The court may limit the father's
OBLIGOR'S liability for past support
of the child to the proportion of the expenses already incurred that the court
deems just.
SECTION 8. In Colorado Revised Statutes, 19-6-104, amend (1)
as follows:
19-6-104. Hearing - orders. (1) If the court or delegate child
support enforcement unit finds that the respondent
OBLIGOR has an
obligation to support the child or children mentioned in the petition or
notice, the court or delegate child support enforcement unit may enter an
order directing the respondent
OBLIGOR to pay such sums for support as may
be reasonable under the circumstances, taking into consideration the factors
found in section 19-4-116 (6). The court or delegate child support
enforcement unit may also enter an order directing the appropriate party 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 which occurred prior to the entry of the
support order established MONTH THE CHILD SUPPORT OBLIGATION BEGINS
under this article ARTICLE 6.
SECTION 9. In Colorado Revised Statutes, 19-6-104, amend (3.5)
as follows:
19-6-104. Hearing - orders. (3.5) Upon the filing of a proceeding
under this article ARTICLE 6 or upon the filing of a proceeding originating
under article 13.5 of title 26, C.R.S. THE JUDGE OR MAGISTRATE SHALL
ADVISE THE PARTIES THAT SUBSEQUENT TO AN ADJUDICATION OF
PARENTAGE
, UPON MOTION, the court may SHALL enter an order allocating
parental responsibilities pursuant to section 14-10-124 (1.5); C.R.S., except
PAGE 10-SENATE BILL 23-173 that, in matters involving a nonresident party, the court shall first determine
whether it has authority to issue an order allocating parental responsibilities
pursuant to article 13 of title 14, C.R.S.
Nothing in this subsection (3.5)
shall be construed to authorize a delegate child support enforcement unit to
negotiate or mediate the allocation of parental responsibilities in any
proceeding initiated under this article or article 13.5 of title 26. C.R.S.
SECTION 10. In Colorado Revised Statutes, add 19-6-107 as
follows:
19-6-107. Orders for allocation of parental responsibilities in
support actions. U
PON THE FILING OF ANY PROCEEDING UNDER THIS
ARTICLE
6 OR UNDER ARTICLE 13.5 OF TITLE 26, THE COURT SHALL, AS SOON
AS PRACTICABLE
, ENTER A TEMPORARY OR PERMANENT ORDER ALLOCATING
PARENTAL RESPONSIBILITIES THAT ALLOCATES DECISION
-MAKING
RESPONSIBILITY AND PARENTING TIME FOR THE CHILD UNTIL FURTHER ORDER
OF THE COURT
. THIS SECTION DOES NOT APPLY TO ANY PARENTAGE
DETERMINATION MADE PURSUANT TO SECTION
14-5-402.
SECTION 11. In Colorado Revised Statutes, 26-13-122.7, amend
(1)(c)(I)(D) and (1)(c)(II)(B) as follows:
26-13-122.7. Administrative lien and attachment of insurance
claim payments, awards, and settlements - reporting - rules - fund.
(1) (c) (I) For the purposes of this section, an insurance claim payment,
award, or settlement is limited to an individual who receives money in
excess of one thousand dollars after making a claim for payment under an
insurance policy for:
(D) A life insurance policy or annuity contract and the proceeds
from the sale or assignment of life insurance or annuity benefits PAYABLE
TO A BENEFICIARY
.
(II) For the purposes of this section, an insurance claim payment:
(B) Does not include any moneys
MONEY payable as attorney fees,
witness fees, court costs, reasonable litigation expenses, documented unpaid
expenses incurred for medical treatment causally related to the claim, or
any
portion of a claim based on damage or a loss of real or personal property,
OR ANY MONEY ASSIGNED OR DESIGNATED AS FUNERAL OR BURIAL
PAGE 11-SENATE BILL 23-173 EXPENSES.
SECTION 12. In Colorado Revised Statutes, 26-13.5-102, amend
(1.2) and (1.3) as follows:
26-13.5-102. Definitions. As used in this article 13.5, unless the
context otherwise requires:
(1.2) "APA-petitioner" means,
PURSUANT TO ARTICLE 13 OF THIS
TITLE
26:
(a) The party who has applied or been mandatorily referred
for child
support services; pursuant to article 13 of this title 26. OR
(b) THE PARTY WHO WAS MANDATORILY REFERRED FOR CHILD
SUPPORT SERVICES
, EXCEPT IN FOSTER CARE FEE CASES , IN WHICH THE
DELEGATE CHILD SUPPORT ENFORCEMENT UNIT OR THE PARENT MAY BE THE
PETITIONER
.
(1.3) "APA-respondent" means,
PURSUANT TO ARTICLE 13 OF THIS
TITLE
26:
(a) The party that did not apply for child support services; and;
OR
(b) THE PARTY THAT was not mandatorily referred for child support
services, pursuant to article 13 of this title 26 EXCEPT IN FOSTER CARE FEE
CASES
, IN WHICH THE PARENT WHO WAS REFERRED MAY BE THE
RESPONDENT
.
SECTION 13. In Colorado Revised Statutes, 26-13.5-103, amend
(1)(i) as follows:
26-13.5-103. 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
PAGE 12-SENATE BILL 23-173 advise the APA-respondent:
(i) That the delegate child support enforcement unit may issue an
administrative subpoena to obtain income information; from the obligor;
SECTION 14. In Colorado Revised Statutes, 26-13.5-103, amend
(1)(s) as follows:
26-13.5-103. 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:
(s) That, if the APA-petitioner or APA-respondent has any
questions, he or she
THE APA-PETITIONER OR APA-RESPONDENT should
telephone,
E-MAIL, or visit the delegate child support enforcement unit;
SECTION 15. In Colorado Revised Statutes, 26-13.5-105, amend
(3)(d) as follows:
26-13.5-105. Negotiation conference - issuance of order of
financial responsibility - filing of order with district court.
(3) (d) Notwithstanding any rules of the Colorado rules of civil procedure,
a complaint is not required in order to initiate a court action pursuant to this
subsection (3). The court shall inform the delegate child support
enforcement unit of the date and location of the hearing and the court or the
delegate child support enforcement unit shall send a notice to the
APA-petitioner and APA-respondent informing each party of the date and
location of the hearing. In order to meet federal requirements of expedited
process for child support enforcement, the court shall hold a hearing and
decide only the issue of child support within ninety days after receipt of
notice, as defined in section 26-13.5-102 (13), or within six months after
receipt of notice, as defined in section 26-13.5-102 (13), if the
APA-petitioner or APA-respondent is contesting the issue of paternity
PARENTAGE. THE JUDGE OR MAGISTRATE SHALL ADVISE THE PARTIES THAT
PAGE 13-SENATE BILL 23-173 SUBSEQUENT TO AN ADJUDICATION OF PARENTAGE , UPON REQUEST, THE
COURT SHALL ENTER AN ORDER ALLOCATING PARENTAL RESPONSIBILITIES
PURSUANT TO SECTION
14-10-124 (1.5); EXCEPT THAT, IN MATTERS
INVOLVING A NONRESIDENT PARTY
, THE COURT SHALL FIRST DETERMINE
WHETHER IT HAS AUTHORITY TO ISSUE AN ORDER ALLOCATING PARENTAL
RESPONSIBILITIES PURSUANT TO ARTICLE
13 OF TITLE 14. If the obligor raisesissues EITHER PARTY REQUESTS ORDERS relating to the allocation of parental
responsibilities, decision-making responsibility, or parenting time and the
court has jurisdiction to hear such matters
BUT IS UNABLE TO HOLD A
HEARING TO ADDRESS ALL ISSUES WITHIN THE FEDERALLY REQUIRED TIME
FRAME FOR EXPEDITED PROCESS FOR CHILD SUPPORT ENFORCEMENT
DESCRIBED ABOVE
, the court shall set a separate hearing for those issues
after entry of the order of support. In any action, including an action for
paternity
PARENTAGE, additional service beyond that originally required
pursuant to section 26-13.5-104 is not required if a stipulation is not reached
at the negotiation conference and the court is requested to set a hearing in
the matter.
SECTION 16. In Colorado Revised Statutes, 26-13.5-105, amend
(1) introductory portion, (1)(d), (3)(c) introductory portion, and (3)(c)(I) as
follows:
26-13.5-105. Negotiation conference - issuance of order of
financial responsibility - filing of order with district court. (1) Every
APA-respondent who has been served with a notice of financial
responsibility pursuant to section 26-13.5-104 shall appear at the time and
location stated in the notice for a negotiation conference or shall reschedule
a negotiation conference prior to the date and time stated in the notice. The
negotiation conference must be scheduled not more than thirty-five days
after the date of the issuance of the notice of financial responsibility. A
negotiation conference may be rescheduled by a request for a standard
continuance by the APA-petitioner or APA-respondent. A standard
continuance must not be more than seven days after the date of the currently
scheduled negotiation conference. The negotiation conference may also be
continued for good cause as defined in rules promulgated pursuant to
section 26-13.5-113. If a negotiation conference is continued, the
APA-petitioner and APA-respondent must be notified of such continuance
by first-class mail, hand delivery, or electronic means if agreed to by both
parties. A
STIPULATION IN AN ESTABLISHMENT ACTION MAY BE SIGNED BY
THE
APA-RESPONDENT AND THE DELEGATE CHILD SUPPORT ENFORCEMENT
PAGE 14-SENATE BILL 23-173 UNIT, WITH OR WITHOUT THE SI GNATURE OF THE APA-PETITIONER. If a
stipulation is agreed upon at the negotiation conference as to the obligor's
duty of support, the delegate child support enforcement unit shall issue an
administrative order of financial responsibility setting forth the following:
(d) The names and dates of birth of the parties and of the children
for whom support is being sought and the parties' residential and mailing
addresses,
UNLESS THAT INFORMATION MUST NOT BE DISCLOSED PURSUANT
TO SECTION
26-13-102.8.
(3) (c) If a stipulation is not agreed upon at the negotiation
conference and paternity
PARENTAGE is not an issue, or, if paternity
PARENTAGE is an issue and either the evidence relating to paternity
PARENTAGE meets the requirements set forth in section 13-25-126 (1)(g), or
parentage has been previously determined by another state, the delegate
child support enforcement unit shall:
(I) Issue temporary orders establishing current child support, arrears,
foster care maintenance, AND medical support; and reasonable support for
a time period prior to the entry of the order for support;
SECTION 17. In Colorado Revised Statutes, 26-13.5-105, amend
(5) as follows:
26-13.5-105. Negotiation conference - issuance of order of
financial responsibility - filing of order with district court. (5) If the
court or delegate child support enforcement unit finds that the respondent
OBLIGOR has an obligation to support the child or children mentioned in the
petition or notice, the court or delegate child support enforcement unit may
enter an order directing the respondent
OBLIGOR to pay such sums for
support as may be reasonable under the circumstances, taking into
consideration the factors found in section 19-4-116 (6). C.R.S.
The court or
delegate child support enforcement unit may also enter an order directing
the appropriate party 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 which occurred prior
to the entry of the support order established
MONTH THE CHILD SUPPORT
OBLIGATION BEGINS
pursuant to section 19-6-104. C.R.S.
SECTION 18. In Colorado Revised Statutes, 26-13.5-106, amend
PAGE 15-SENATE BILL 23-173 (1)(c)(IV) as follows:
26-13.5-106. Default - issuance of establishment order of default
- filing of order with district court - rules. (1) (c) The court shall approve
the order of default, which must include the following:
(IV) The name of the child's custodian and the name
AND birth date
and social security number
of the child for whom support is being sought;
SECTION 19. In Colorado Revised Statutes, 26-13.5-106, amend
(1)(d) as follows:
26-13.5-106. Default - issuance of establishment order of default
- filing of order with district court - rules. (1) (d) The order for default
may direct the obligor to pay for support of the child, in an amount
determined by the court or delegate child support enforcement unit to be
reasonable under the circumstances, for a time period prior to the entry of
MONTH THE CHILD SUPPORT OBLIGATION BEGINS IN the order establishing
FINANCIAL RESPONSIBILITY AND paternity PARENTAGE.
SECTION 20. In Colorado Revised Statutes, 26-13.5-122, amend
(4) as follows:
26-13.5-122. Survivability of an administrative process action
order - applicability. (4) If an APA order contains a judgment for
retroactive support that is owed to a nonparent caretaker of a dependent
child, such judgment survives pursuant to this section IF THE APA ORDER
ESTABLISHES A SUPPORT OBLIGATION THAT IS OWED TO A NONPARENT
CARETAKER
, THE SUPPORT OBLIGATION , INCLUDING ANY RETROACTIVE
SUPPORT
, UNPAID SUPPORT, AND MONTHLY SUPPORT OWED TO THE
NONPARENT CARETAKER SURVIVE PURSUANT TO THIS SECTION
.
SECTION 21. In Colorado Revised Statutes, 14-10-115, amend
(16)(b), (16)(c)(I), (16)(c)(II)(B), (16)(c)(II)(G), (16)(c)(III), and (16)(d) as
follows:
14-10-115. Child support guidelines - purpose - determination
of income - schedule of basic child support obligations - adjustments to
basic child support - additional guidelines - child support commission
- definitions. (16) Child support commission. (b) As part of its review,
PAGE 16-SENATE BILL 23-173 the commission must SHALL consider economic data on the cost of raising
children and analyze case data on the application of, and deviations from,
the guidelines and the schedule of basic child support obligations to be used
in the commission's review to ensure that deviations from the guidelines and
schedule of basic child support obligations are limited. F
URTHER, AS PART
OF ITS REVIEW
, THE COMMISSION SHALL CONSIDER:
(I) E
STABLISHING AN ADEQUATE STANDARD OF SUPPORT FOR
CHILDREN
, SUBJECT TO THE PARENTS' ABILITY TO PAY;
(II) M
AKING AWARDS MORE EQUITABLE BY ENSURING MORE
CONSISTENT TREATMENT OF PERSONS IN SIMILAR CIRCUMSTANCES
; AND
(III) IMPROVING THE EFFICIENCY OF THE COURT PROCESS BY
PROMOTING SETTLEMENTS AND GIVING COURTS AND THE PARTIES GUIDANCE
ON ESTABLISHING LEVELS OF AWARDS
.
(c) (I) The child support commission consists of no more than
twenty-one members. T
HE COMMISSION IS DEDICATED TO INCLUDING
DIVERSE PERSPECTIVES IN ITS RECOMMENDATIONS
.
(II) The governor shall appoint up to nineteen persons to the
commission, who must include:
(B) The director of the division in the state department of human
services, who is responsible for child support enforcement
SERVICES, or the
director's designee;
(G) A
T LEAST FOUR parent representatives, AT LEAST TWO OF WHOM
ARE PRESENT OR PAST OBLIGORS AND TW O OF WHOM ARE PRESENT OR PAST
OBLIGEES
.
(III) In making appointments to the commission, the governor shall
attempt to assure
RACIAL, ECONOMIC, GENDER, AND geographical diversity.
(d) Members of the child support commission, shall not be
compensated for their services on the commission except as otherwise
provided in section 2-2-326, C.R.S., and except that members shall be
reimbursed for actual and necessary expenses for travel and mileage
incurred in connection with their duties. The child support commission is
PAGE 17-SENATE BILL 23-173 authorized, subject to appropriation, to incur expenses related to its work,
including the costs associated with public hearings, printing, travel, and
research.
SECTION 22. In Colorado Revised Statutes, 19-4-105, amend
(2)(b) introductory portion as follows:
19-4-105. Presumption of paternity. (2) (b) A duly executed
voluntary acknowledgment of parentage takes effect upon the filing of the
document with the state registrar of vital statistics and may be rescinded on
WITHIN the earlier of:
SECTION 23. In Colorado Revised Statutes, amend 19-4-130 as
follows:
19-4-130. Temporary orders for allocation of parental
responsibilities. (1) Upon the filing of any proceeding under this article
ARTICLE 4 or under article 13.5 of title 26, C.R.S., the court shall, as soon
as practicable UPON MOTION OF A PARTY, enter a temporary or permanent
order allocating parental responsibilities that shall allocate ALLOCATES the
decision-making responsibility and parenting time of the child until further
order of the court.
(2) Subsection (1) of this section shall
DOES not apply to any
paternity PARENTAGE determination made pursuant to section 14-5-402.
C.R.S.
SECTION 24. Effective date. (1) Except as otherwise provided in
this section, this act takes effect upon passage.
(2) Sections 3, 4, 6, 9, 10, 12, 13, 14, 15, 16, 18, and 20 of this act
take effect July 1, 2023.
(3) Section 21 of this act takes effect August 1, 2023.
(4) Sections 1, 7, 8, 11, 17, and 19 of this act take effect September
1, 2023.
(5) Section 2 of this act takes effect July 1, 2024.
PAGE 18-SENATE BILL 23-173 SECTION 25. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 19-SENATE BILL 23-173