C.R.S. Section 26-13.5-107
Orders

  • duration
  • effect of court determinations

(1)

A copy of any order of financial responsibility or of any default order or of any temporary order of financial responsibility issued by the delegate child support enforcement unit must be sent by such unit by first-class mail to the APA-petitioner and APA-respondent or his or her attorney of record and to the custodian of the child.

(2)

Any order of financial responsibility, any default order, and any temporary order of financial responsibility must continue until modified by administrative or court order, even if the child is no longer receiving benefits under the programs listed in section 26-13-102.5 (2)(a), unless the child is emancipated or is otherwise no longer entitled to support. In the event that the order of financial responsibility, default order, or temporary order of financial responsibility is entered in a case at a time when there is a court action on the same case, the court may credit a portion of a monthly amount paid under the administrative process order towards future payments due in the court case only if the order in the court case is established at a lower amount than the administrative process order and only to the extent of the difference between the amount of the court order and the amount of the administrative process order.

(3)

Nothing contained in this article 13.5 deprives a court of competent jurisdiction from determining the duty of support of an obligor against whom an administrative order is issued pursuant to this article 13.5. Such a determination by the court supersedes the administrative order as to support payments due subsequent to the entry of the order by the court but does not affect any arrearage which may have accrued under the administrative order.

(4)

Any party to an APA order may file a request for relief from an APA judgment or order. The request must be in writing and filed with the court after the APA order becomes effective. The court may not conduct a review of a pending APA order. The review must be pursuant to C.R.C.P. 60.

Source: Section 26-13.5-107 — Orders - duration - effect of court determinations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-26.­pdf (accessed Oct. 20, 2023).

26‑13.5‑101
Short title 26‑13.5‑102
Definitions 26‑13.5‑103
Notice of financial responsibility issued - contents 26‑13.5‑103.5
Notice of financial responsibility amended - adding children 26‑13.5‑104
Service of notice of financial responsibility 26‑13.5‑105
Negotiation conference - issuance of order of financial responsibility - filing of order with district court 26‑13.5‑106
Default - issuance of establishment order of default - filing of order with district court - rules 26‑13.5‑107
Orders - duration - effect of court determinations 26‑13.5‑109
Notice of financial responsibility - issued in which county 26‑13.5‑110
Paternity - establishment - filing of order with court 26‑13.5‑110.5
Filing genetic testing results with court - no administrative process action order 26‑13.5‑112
Modification of an order 26‑13.5‑113
Rules and regulations 26‑13.5‑114
Applicability of administrative procedure act 26‑13.5‑115
Additional remedies 26‑13.5‑116
Attorney of record in administrative process action case 26‑13.5‑117
Administrative process action case - rights of the parties 26‑13.5‑118
Exchange and delivery of evidence 26‑13.5‑119
Request for court hearing - transfer of jurisdiction 26‑13.5‑120
Default order of modification 26‑13.5‑121
When administrative process action order is effective 26‑13.5‑122
Survivability of an administrative process action order - applicability 26‑13.5‑123
Where administrative process action order filed - electronic filing of order data - custodian of the record - applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 26-13.5-107’s source at colorado​.gov