Current through Register Vol. 47, No. 17, September 10, 2024
A. The delegate
Child Support Services Unit shall issue an order establishing paternity and
financial responsibility after a negotiation conference if:
1. Neither the custodial party nor the
noncustodial parent is contesting the issue of paternity, and
2. A Father's Paternity Advisement and
Admission and a Mother's Parentage Advisement and Admission, as prescribed by
the State Department, is provided to and signed by the noncustodial parent and
the mother.
B. The order
shall be signed by APA-Respondent and APA-Petitioner, if appropriate and by the
county director or the employee of the delegate Child Support Services Unit
designated in writing by the county director.
C. The order shall be prepared and signed at
the conclusion of the negotiation conference. The order shall advise the
obligor that the unpaid child support balance is entered as judgment.
6.709.1
CONTESTING PATERNITY [Rev. eff.
4/1/13]
A. If any party contests
paternity, the delegate Child Support Services Unit shall issue an Order for
Genetic Testing unless paternity has already been established or determined
pursuant to the laws of another state. The negotiation conference may be
continued in accordance with the provision of Section 6.706.2.
B. A finding of good cause to reschedule
genetic testing may be made for the following reasons:
1. A parent is unable to appear at the
appointed time or place for genetic testing due to a sudden severe illness, an
accident, or other particular occurrence which, by its emergency nature and
drastic effect, prevents their appearance at the time or place for genetic
testing.
The burden of proof to show good cause of this type shall be
upon the parent.
2. Any
other reason beyond a party's control (i.e., if the person authorized to
collect the genetic testing sample is unable to appear or fails to appear at
the time and place for genetic testing).
C. Rescheduling of the time and place for
genetic testing may be granted only by the county director or delegate Child
Support Services employee designated in writing by the county
director.
D. If rescheduling for
good cause is granted, the delegate Child Support Services Unit shall issue an
Order for Genetic Testing to the parties with the new date for the genetic
testing which shall be delivered to the parties.
E. If the mother and child(ren) fail to
appear for or submit to genetic testing, the case shall be set for hearing
pursuant to Section 6.713 . Upon receipt of the test results, if a stipulation
is not reached, the case shall be set for hearing pursuant to Section 6.713.
6.709.2
REQUEST
FOR COURT HEARING WHEN PATERNITY IS AT ISSUE [Rev. eff. 4/1/13]
If no stipulation is agreed upon at the negotiation
conference because a party contests the issue of paternity, the delegate Child
Support Services Unit shall file the Notice or amended notice of Financial
Responsibility, genetic testing results, if any, the appropriate APA order, if
any and proof of service with the clerk of the court, and shall request the
court set a hearing in accordance with Section 6.713.
6.709.3
FILING THE ORDER [Rev. eff.
4/1/13]
The original order and one copy shall be filed with the clerk
of the district court in the county which issued the notice of financial
responsibility or in the district court where an action relating to child
support is pending or an order exists but is silent on the issue of child
support within five (5) working days of the negotiation conference.
A. The following documents shall be filed
with the order:
1. Notice or amended Notice
of Financial Responsibility (Paternity Action);
2. Return of Service or Waiver of Service: if
service was by certified mail, the return receipt must be attached to the
Return of Service.
3. Father's
Paternity Advisement and Admission;
4. Mother's Parentage Advisement and
Admission;
5. Guideline
Worksheets;
6. Income and Expense
Affidavits;
7. Subpoena to
Produce;
8. Retroactive support
affidavit, if the action is for support of the child(ren) prior to the entry of
the order establishing paternity;
9. Adoption Assistance Agreement, if
applicable.
10. Imputing Potential
Income Checklist and affidavit, if any and
11. Genetic testing results, if
any.
B. Upon receipt of
a copy of the order with a docket number assigned by the court, the delegate
Child Support Services Unit shall within five (5) working days:
1. Update automated child support system with
paternity, court order and initiate a ledger, and
2. Send a copy of the order to the
noncustodial parent, the custodial party, or his/her attorney, and the
initiating agency, if appropriate, by first class mail.
C. If the obligor's employer's address is
known, the delegate child support Services unit shall, unless the case meets
one of the good cause criteria specified in Section
14-14-111.5(3)(a)(ii)(a),
C.R.S.:
1. Send a notice to withhold income
for support within fifteen (15) calendar days of the date the order is
entered;
2. Send a notice to
withhold income for support to the obligor's employer within two (2) business
days from the report of the obligor's employment through the state directory of
new hires.
D. Send a
National Medical Support Notice to initiate health insurance coverage within
fifteen (15) calendar days of the date the order is entered or within two (2)
business days from the report of the obligor's employment through the state
directory of new hires, if the obligor is the party ordered to provide health
insurance and the employer has health insurance available at reasonable cost,
as defined in Section 6.240.2, A, 2.
E. The order shall specify that the
noncustodial parent send all payments to the Family Support
Registry.
