C.R.S. Section 26-13.5-122
Survivability of an administrative process action order

  • applicability

(1)

If an APA order is filed into a pending court case and that court case is subsequently dismissed, the APA order survives such dismissal and continues to be valid and enforceable unless the court specifically orders the dismissal of the APA order.

(2)

If an APA order contains a judgment establishing paternity, a judgment for child support debt pursuant to section 14-14-104, or for costs of collection as defined in section 26-13.5-102 (4), and the parents subsequently marry each other, such judgments survive the marriage and continue to be valid and enforceable.

(3)

This section applies even if only one parent is a party to the APA order and even if the APA order is for foster care placement fees.

(4)

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, survives pursuant to this section.

(5)

If the APA order establishes a monthly support obligation that is or has been assigned to the county, state, or other jurisdiction, that portion of the order for a monthly support obligation during the period of assignment survives pursuant to this section.

Source: Section 26-13.5-122 — Survivability of an administrative process action order - applicability, 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

§ 26-13.5-122’s source at colorado​.gov