9 Colo. Code Regs. § 2504-1-6.709

Current through Register Vol. 48, No. 1, January 10, 2025

Section 9 CCR 2504-1-6.709 - ISSUANCE OF ORDER ESTABLISHING PATERNITY AND FINANCIAL RESPONSIBILITY [Rev. eff. 4/1/13]

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.

6.709.1CONTESTING 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.

6.709.2REQUEST 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.

6.709.3FILING 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.

9 CCR 2504-1-6.709

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 21, November 10, 2017, effective 12/1/2017

42 CR 11, June 10, 2019, effective 6/30/2019

43 CR 17, September 10, 2020, effective 9/30/2020

43 CR 21, November 10, 2020, effective 12/1/2020

44 CR 23, December 10, 2021, effective 1/1/2022

45 CR 01, January 10, 2022, effective 3/1/2022

46 CR 11, June 10, 2023, effective 7/1/2023