9 Colo. Code Regs. § 2504-1-6.713

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

Section 9 CCR 2504-1-6.713 - REQUEST FOR COURT HEARING [Rev. eff. 4/1/13]

A. A request for a court hearing is made when:

1. No stipulation is agreed upon at a negotiation conference and a temporary order is completed; or,

2. the APA-Respondent is incarcerated and does not participate in a negotiation conference or sign a stipulated order, or

3. An alleged or presumed parent is excluded by genetic testing results but facts exist that the person may be a psychological parent, or

4. The APA-Respondent, after valid service of process or execution of a waiver of service, "opts-out" of APA by delivering a written request for court hearing prior to the commencement of the negotiation conference, or

5. A case is referred to court without entry of an administrative order because adoption subsidy payments are being made for a child; or,

6. An order needs to be established but for other reasons cannot be established at the negotiation conference.

B. No judicial complaint or new service of process is necessary for the transfer of subject matter jurisdiction to the court in these situations, however, the CSS shall issue and file with the court and deliver to all parties a notice of hearing. In these instances, a hearing shall be held and appropriate permanent orders shall be entered without the necessity of a complaint being issued or served on the parties. The delegate Child Support Services Unit shall request the court to set a hearing in the matter by:

C. Filing a Child Support Services Unit Request for Court Hearing, as prescribed by the State Department, with the clerk of the district court in the county in which the Notice of Financial Responsibility was issued 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.

D. Attaching to the Child Support Services Unit Request for Court Hearing the following:

1. Notice of Hearing, as prescribed by the State Department;

2. Notice of Financial Responsibility;

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

4. Income and Expense Affidavits of each parent, if available;

5. Temporary Order of Financial Responsibility;

6. Adoption Assistance Agreement, if applicable.

E. The delegate Child Support Services Unit shall file a request for hearing within ninety (90) days of service of the Notice of Financial Responsibility or Notice of Financial Responsibility-Paternity Action on the APA-Respondent or within five (5) of determining that APA is no longer appropriate and that the case must be referred to court, whichever date is earlier.

F. The Notice of Hearing must be sent to the noncustodial parent or the noncustodial parent's attorney and the custodial party and other agency, if appropriate, by the delegate Child Support Services Unit if delegated and authorized by the court in writing.

G. The delegate Child Support Services Unit is responsible for notifying the court of the last day for a hearing to be held in order to decide the issue of child support within ninety days after receipt of notice, commencing on the date the service of the Notice or amended Notice of Financial Responsibility is accomplished. This is the date on the return receipt if service is by certified mail or the date on the return of service, if through personal services.

9 CCR 2504-1-6.713

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