Current through Register Vol. 47, No. 17, September 10, 2024
a. Child
Support Services Unit employees must be certified by the State Division of
Child Support Services to conduct APA and negotiation conferences.
Certification requirements are found in section 6.103.1.
B. The negotiation conference date is
originally scheduled in the notice or amended notice. This date can be
continued and the "currently scheduled" date is the date of the notice or
amended notice or, if continued, the date in the notice of continuance,
whichever date is later.
C. The
negotiation conference will be conducted in-person (face-to-face) or if
requested by the party, the conference may be conducted by telephone, computer
program, e-mail, fax or by mail. However, the party that requested an
alternative to an in-person negotiation conference will be responsible for
signing and delivering a copy of the signed order to the CSS at the time the
conference concludes.
D. A copy of
any document used by the CSS to calculate the MSO shall be provided to the
parties with a copy of the order.
E. Prior to concluding the negotiation
conference, the child support specialist must review the order commencement
date, payment options and possible enforcement remedies with the parties as
provided by a state prescribed document.
F. If a default order is issued, the county
must send the state prescribed documents regarding payment options and possible
enforcement remedies with a copy of the order to the parties of the
case.
6.706.1
STANDARD
CONTINUANCES [Rev. eff. 4/1/13]
A. Upon
request of the APA-Petitioner or the APA-Respondent, the negotiation conference
shall be continued once per party, not to exceed seven (7) calendar days from
the currently scheduled date.
B. If
a continuance is requested by a party, the delegate Child Support Services Unit
shall issue and deliver a Notice of Continuance of the Negotiation Conference
to parties, or their attorneys of record and the other state if appropriate.
The notice shall contain the rescheduled date.
C. If a continuance is requested by a party,
the delegate Child Support Services Unit shall data enter the type and reason
for the continuance and the date for the rescheduled negotiation conference on
the automated child support system.
6.706.2
CONTINUANCES FOR GOOD CAUSE
[Rev. eff. 4/1/13]
A. More than one
continuance and for any number of days may be granted only for good cause as
defined in Section 6.708.
B.
Continuances for good cause may be granted only by the county director or
delegate Child Support Services employee designated in writing by the county
director.
C. If a continuance for
good cause is granted, the delegate Child Support Services Unit shall issue a
Notice of Continuance of Negotiation Conference to the noncustodial parent, the
custodial party, or their attorney of record and the other state if
appropriate. The notice shall contain the rescheduled date and will be provided
by first class mail or hand delivery.
D. If a continuance for good cause is
granted, the delegate Child Support Services Unit shall data enter the type and
reason for the continuance and the date for the rescheduled negotiation
conference on the automated child support system.
E. A finding of good cause may be made for
the following reasons:
1. The case involves a
paternity determination and genetic tests results are needed to proceed;
or,
2. A valid contest of paternity
is made and paternity has not been established pursuant to the laws of another
state; or,
3. Additional time is
needed to verify income or other information necessary to calculate a child
support order pursuant to the Colorado Child Support Guidelines, Section 14 10
115, C.R.S. as amended; or,
4. An
allegation of fraud and referral for investigation; or,
5. A party or his/her attorney, is unable to
appear at the negotiation conference due to a sudden severe illness, an
accident, or other particular occurrence which, by its emergency nature and
drastic effect, prevents a party or his/her attorney's appearance at the
negotiation conference, the burden of proof to show cause of this type shall be
upon the party; or,
6. No Child
Support Services Unit employee authorized to conduct negotiation conferences is
able to attend the negotiation conference due to a sudden severe illness, an
accident, or other particular occurrence which, by is emergency nature and
drastic effect, prevents an authorized Child Support Services Unit employee
from attending the negotiation conference.
6.706.3
POSSIBLE RESULTS OF A
NEGOTIATION CONFERENCE - ESTABLISHMENT CASES
A. If both parties appear for the negotiation
conference and agree with the order and/or sign a stipulated order prior to or
at the negotiation conference, the CSS Unit shall enter a stipulated order if
appropriate,
B. If neither party
appears for the negotiation conference, the CSS Unit shall enter a default
order if appropriate,
C. If both
parties appear and one appearing party does not agree with the proposed order,
the CSS Unit shall enter a temporary order, if appropriate,
D. If the APA-Respondent appears and agrees
with the order, but the APA-Petitioner does not appear, the CSS Unit shall
enter a stipulated order if appropriate,
E. If the APA-Respondent does not appear the
CSS Unit shall enter a default order if appropriate.
