9 Colo. Code Regs. § 2504-1-6.704
Current through Register Vol. 47, No. 24, December 25, 2024
Section 9 CCR 2504-1-6.704 - ADMINISTRATIVE PROCEDURES TO ESTABLISH CHILD SUPPORT AND PATERNITY [Rev. eff. 4/1/13]Pursuant to Article 13.5 of Title 26, C.R.S., the delegate Child Support Services Unit is authorized to establish certain paternity and child support obligations through administrative procedures.
6.704.1CASES SUBJECT TO ADMINISTRATIVE PROCESS [Rev. eff. 4/1/13]A. Administrative procedures to establish a monthly support obligation, foster care fee order, child support debt, foster care debt, medical support and/or retroactive support, or to modify an order established by administrative process shall be used by the delegate Child Support Services Unit in all cases to establish these obligations as appropriate, unless: 1. A court order exists that was issued in this or any other state, tribe, or reciprocating country, which establishes any child support obligation; or,2. An order for the obligation already exists but excluding appropriate administrative process, add-a-child actions; or,3. The case requires paternity establishment and the case involves multiple presumed and/or alleged father(s); or,4. One or both of the parents in the case is under age eighteen (18); or,5. A hearing has been scheduled by the court or a request for hearing has been filed with the court by any party on the issue of child support; or,6. Another state's order was entered judicially and a modification must be conducted.7. The court has exercised jurisdiction over a child support issue; or,8. A court's paternity only order is not silent as to a child support obligation. If the judicial paternity only order is silent as to child support APA may be used.9. There has been a pre-order change of physical care arrangement in that APA case.B. Administrative process shall be utilized in cases in which a divorce decree is silent on the issue of child support and service in the divorce was by publication. In these cases, the administrative process action (APA) will be filed under a new court number.C. In cases in which there is a pending court action relating to child support, the Child Support Services Unit shall proceed to utilize administrative process as set forth in these rules. Copies of all documents, including the APA order, shall be filed by the Child Support Services Unit in the existing court case, utilizing the case number of the existing court case.6.704.2ESTABLISHING AN ORDER FOR WORK ACTIVITIES [Rev. eff. 4/1/13]A delegate Child Support Services Unit may establish an administrative order for a noncustodial parent who is unemployed, not incapacitated, and has an obligation of support to a child receiving assistance. The order would require the noncustodial parent to enter into one or more of the following work activities: private or public employment, job search activities, community service, vocational training, or any other employment related activities available to that particular individual.
6.704.3ENFORCING COUNTY APPLICATION TO ADMINISTRATIVE PROCESS [Rev. eff. 4/1/13]Only the enforcing county delegate Child Support Services Unit may initiate an administrative process action (APA). The enforcing county must close an open APA on ACSES before the enforcing county designation can be changed.
39 CR 23, December 10, 2016, effective 1/1/201740 CR 21, November 10, 2017, effective 12/1/201742 CR 11, June 10, 2019, effective 6/30/201943 CR 17, September 10, 2020, effective 9/30/202043 CR 21, November 10, 2020, effective 12/1/202044 CR 23, December 10, 2021, effective 1/1/202245 CR 01, January 10, 2022, effective 3/1/202246 CR 11, June 10, 2023, effective 7/1/2023