C.R.S. Section 14-5-102
Definitions


In this article:

(1)

“Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(2)

“Child support order” means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

(2.5)

“Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.

(3)

“Duty of support” means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

(3.3)

“Foreign country” means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:

(A)

Which has been declared under the law of the United States to be a foreign reciprocating country;

(B)

Which has established a reciprocal arrangement for child support with this state as provided in section 14-5-308;

(C)

Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this article; or

(D)

In which the convention is in force with respect to the United States.

(3.4)

“Foreign support order” means a support order of a foreign tribunal.

(3.5)

“Foreign tribunal” means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention.

(4)

“Home state” means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.

(5)

“Income” includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

(6)

“Income-withholding order” means an order or other legal process directed to an obligor’s employer or other debtor, as defined by the income-withholding law of this state, to withhold support from the income of the obligor.

(7)

Repealed.

(8)

“Initiating tribunal” means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

(8.5)

“Issuing foreign country” means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.

(9)

“Issuing state” means the state in which a tribunal issues a support order or a judgment determining parentage of a child.

(10)

“Issuing tribunal” means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.

(11)

“Law” includes decisional and statutory law and rules and regulations having the force of law.

(12)

“Obligee” means:

(A)

An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;

(B)

A foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;

(C)

An individual seeking a judgment determining parentage of the individual’s child; or

(D)

A person that is a creditor in a proceeding under part 7 of this article.

(13)

“Obligor” means an individual, or the estate of a decedent that:

(A)

Owes or is alleged to owe a duty of support;

(B)

Is alleged but has not been adjudicated to be a parent of a child;

(C)

Is liable under a support order; or

(D)

Is a debtor in a proceeding under part 7 of this article.

(13.5)

“Outside this state” means a location in another state or a country other than the United States, whether or not the country is a foreign country.

(14)

“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(15)

“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(16)

“Register” means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country.

(17)

“Registering tribunal” means a tribunal in which a support order or judgment determining parentage of a child is registered.

(18)

“Responding state” means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.

(19)

“Responding tribunal” means the authorized tribunal in a responding state or foreign country.

(20)

“Spousal-support order” means a support order for a spouse or former spouse of the obligor.

(21)

“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.

(22)

“Support enforcement agency” means a public official, governmental entity, or private agency authorized to:

(A)

Seek enforcement of support orders or laws relating to the duty of support;

(B)

Seek establishment or modification of child support;

(C)

Request determination of parentage of a child;

(D)

Attempt to locate obligors or their assets; or

(E)

Request determination of the controlling child support order.

(23)

“Support order” means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney’s fees, and other relief.

(24)

“Tribunal” means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.

Source: Section 14-5-102 — Definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-14.­pdf (accessed Oct. 20, 2023).

14‑5‑101
Short title
14‑5‑102
Definitions
14‑5‑103
State tribunals and support enforcement agency
14‑5‑104
Remedies cumulative
14‑5‑105
Application of article to resident of foreign country and foreign support proceeding
14‑5‑201
Bases for jurisdiction over nonresident
14‑5‑202
Duration of personal jurisdiction
14‑5‑203
Initiating and responding tribunals of this state
14‑5‑204
Simultaneous proceedings
14‑5‑205
Continuing, exclusive jurisdiction to modify child support order
14‑5‑206
Continuing jurisdiction to enforce child support order
14‑5‑207
Determination of controlling child support order
14‑5‑208
Child support orders for two or more obligees
14‑5‑209
Credit for payment
14‑5‑210
Application of article to nonresident subject to personal jurisdiction
14‑5‑211
Continuing, exclusive jurisdiction to modify spousal-support order
14‑5‑301
Proceedings under article
14‑5‑302
Proceeding by minor parent
14‑5‑303
Application of law of this state
14‑5‑304
Duties of initiating tribunal
14‑5‑305
Duties and powers of responding tribunal
14‑5‑306
Inappropriate tribunal
14‑5‑307
Duties of support enforcement agency
14‑5‑308
Duty of attorney general
14‑5‑309
Private counsel
14‑5‑310
Duties of state information agency
14‑5‑311
Pleadings and accompanying documents
14‑5‑312
Nondisclosure of information in exceptional circumstances
14‑5‑313
Costs and fees
14‑5‑314
Limited immunity of petitioner
14‑5‑315
Nonparentage as defense
14‑5‑316
Special rules of evidence and procedure
14‑5‑317
Communications between tribunals
14‑5‑318
Assistance with discovery
14‑5‑319
Receipt and disbursement of payments
14‑5‑401
Establishment of support order
14‑5‑402
Proceeding to determine parentage
14‑5‑501
Employer’s receipt of income-withholding order of another state
14‑5‑502
Employer’s compliance with income-withholding order of another state
14‑5‑503
Employer’s compliance with two or more income-withholding orders
14‑5‑504
Immunity from civil liability
14‑5‑505
Penalties for noncompliance
14‑5‑506
Contest by obligor
14‑5‑507
Administrative enforcement of orders
14‑5‑601
Registration of order for enforcement
14‑5‑602
Procedure to register order for enforcement
14‑5‑603
Effect of registration for enforcement
14‑5‑604
Choice of law
14‑5‑605
Notice of registration of order
14‑5‑606
Procedure to contest validity or enforcement of registered support order
14‑5‑607
Contest of registration or enforcement
14‑5‑608
Confirmed order
14‑5‑609
Procedure to register child support order of another state for modification
14‑5‑610
Effect of registration for modification
14‑5‑611
Modification of child support order of another state
14‑5‑612
Recognition of order modified in another state
14‑5‑613
Jurisdiction to modify child support order of another state when individual parties reside in this state
14‑5‑614
Notice to issuing tribunal of modification
14‑5‑615
Jurisdiction to modify child support order of foreign country
14‑5‑616
Procedure to register child support order of foreign country for modification
14‑5‑701
Definitions
14‑5‑702
Applicability
14‑5‑703
Relationship of state department of human services to United States central authority
14‑5‑704
Initiation by state department of human services of support proceeding under Convention
14‑5‑705
Direct request
14‑5‑706
Registration of Convention support order
14‑5‑707
Contest of registered Convention support order
14‑5‑708
Recognition and enforcement of registered Convention support order
14‑5‑709
Partial enforcement
14‑5‑710
Foreign support agreement
14‑5‑711
Modification of Convention child support order
14‑5‑712
Personal information - limit on use
14‑5‑713
Record in original language - English
14‑5‑801
Grounds for rendition
14‑5‑802
Conditions of rendition
14‑5‑901
Uniformity of application and construction
14‑5‑902
Transitional provision
14‑5‑903
Severability clause
Green check means up to date. Up to date

Current through Fall 2024

§ 14-5-102’s source at colorado​.gov