C.R.S. Section 14-5-708
Recognition and enforcement of registered Convention support order


(a)

Except as otherwise provided in subsection (b) of this section, a tribunal of this state shall recognize and enforce a registered Convention support order.

(b)

The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:

(1)

Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;

(2)

The issuing tribunal lacked personal jurisdiction consistent with section 14-5-201;

(3)

The order is not enforceable in the issuing country;

(4)

The order was obtained by fraud in connection with a matter of procedure;

(5)

A record transmitted in accordance with section 14-5-706 lacks authenticity or integrity;

(6)

A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;

(7)

The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this article in this state;

(8)

Payment, to the extent alleged arrears have been paid in whole or in part;

(9)

In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:

(A)

If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

(B)

If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or

(10)

The order was made in violation of section 14-5-711.

(c)

If a tribunal of this state does not recognize a Convention support order under subsection (b)(2), (4), or (9) of this section:

(1)

The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and

(2)

The state department of human services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 14-5-704.

Source: Section 14-5-708 — Recognition and enforcement of registered Convention support order, 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

§ 14-5-708’s source at colorado​.gov