9 Colo. Code Regs. § 2504-1-6.711

Current through Register Vol. 47, No. 24, December 25, 2024

Section 9 CCR 2504-1-6.711 - ISSUANCE OF DEFAULT ORDER ESTABLISHING PATERNITY AND FINANCIAL RESPONSIBILITY [Rev. eff. 4/1/13]

A. A default order may be issued in cases where paternity is at issue if, after service pursuant to Section 6.705.2:

1. The alleged father fails to appear for the initial negotiation conference as scheduled in the Notice of Financial Responsibility and fails to reschedule a negotiation conference prior to the date and time stated in the Notice of Financial Responsibility or fails to appear for a rescheduled negotiation conference;

2. The alleged father fails to take or appear for a genetic test and a finding of good cause as described in Section 6.709.1 has not been made; or,

3. The genetic test results, if any, show a ninety-seven percent (97%) or greater probability that the alleged father is the father of the child(ren), and he fails to appear at the negotiation conference and fails to reschedule the negotiation conference.

B. The delegate Child Support Services Unit shall within five (5) working days of the date of the negotiation conference, or the date of the scheduled genetic test, or within fifteen (15) calendar days of the negotiation conference if the delegate Child Support Services Unit has mailed the noncustodial parent a stipulated order and it has not been signed and returned by the noncustodial parent or a rescheduled negotiation conference has not been conducted within the fifteen (15) days, file an original Order of Default, as prescribed by the State Department, and one copy with the clerk of the District Court in the county in which the Notice or amended Notice of Financial Responsibility-Paternity Action was issued, or in the District Court where an action relating to paternity and child support is pending.

C. A Default Order Establishing Paternity and Financial Responsibility will not be issued when the noncustodial parent is incarcerated and fails to appear for the negotiation conference or the rescheduled negotiation conference. In these circumstances, the delegate Child Support Services Unit's worker shall close the administrative process action for the reason that a hearing has been requested. The delegate Child Support Services Unit's worker shall follow the process for requesting a court hearing pursuant to Section 6.713.

6.711.1FILING THE ORDER OF DEFAULT [Rev. eff. 4/1/13]

A. The following documents shall be filed with the Order of Default:

1. Return of Service or Waiver of Service: if service was by certified mail, the return receipt must be attached to the Return of Service;

2. Affidavit of Non-Appearance as prescribed by the State Department;

3. Notice or amended Notice of Financial Responsibility (Paternity Action);

4. Verified Affidavit of Obligee as prescribed by the State Department, regarding paternity and genetic tests, if any;

5. Other documentation supporting the guideline calculation of the monthly support obligation such as wage information obtained from the Department of Labor and Employment;

6. Affidavit and Certification of Official Record or foster care arrearage/unreimbursed maintenance payment calculation, as prescribed by the State Department, or documentation supporting the calculation of child support debt such as public assistance payment records, foster care payment records, or arrears calculation information, if appropriate;

7. Guidelines worksheets;

8. Subpoena to Produce;

9. Income and Expense Affidavit for each parent if available;

10. Retroactive Support Affidavit, if any; and,

11. Genetic testing results, if any;

12. Imputing Potential Income Checklist and affidavit, if any;

13. Statement Of Paternity; and,

14. Adoption Assistance Agreement, if applicable.

B. The default order shall be signed by the county director or employee of the delegate Child Support Services Unit designated in writing by the county director.

C. The order and accompanying documents shall be reviewed by the county director, IV-D administrator, IV-D attorney or supervisor of the APA certified employee of the delegate Child Support Services Unit designated entering the order before the order is filed with the court. The reviewer shall sign the order confirming that the review has been conducted.

D. The delegate Child Support Services Unit shall not take any action to enforce the default order until a copy signed by the court approving the default order is received.

E. If the court has not approved or denied approval of the default order within thirty-six (36) days after filing with the court, the delegate child support services unit must notify the court that the deadline for approval or denial is in seven days (7) on the forty-second (42nd) day.

F. 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;

3. 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.

G. The court shall specify that the noncustodial parent send all payments through the Family Support Registry.

H. The effective date of the default order shall be the date signed by the court approving the default order.

I. If the default order is returned to the Child Support Services Unit by the court as not approved, the delegate Child Support Services Unit shall take appropriate action to cure the defect stated by the court as grounds for disapproval.

J. Upon receipt of a copy of the default order approved by the court, the delegate Child Support Services Unit shall within five (5) working days:

1. Update automated child support system with court order, paternity information and initiate a ledger, and

2. Send a copy of the order to the noncustodial parent or his attorney of record to the custodial party and the initiating agency, if appropriate, by first class mail.

9 CCR 2504-1-6.711

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