NOTE: This bill has been prepared for the signature of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. SENATE BILL 07-015 BY SENATOR(S) Boyd, and Williams; also REPRESENTATIVE(S) Benefield, Carroll M., Gagliardi, Labuda, McGihon, Swalm, and Todd. Concerning nonsubstantive recodification of section 14-10-115, Colorado Revised Statutes, regarding child support. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 14-10-115, Colorado Revised Statutes, is amended, WITH THE RELOCATION OF PROVISIONS, to read: 14-10-115. Child support guidelines - purpose - definitions - determination of income - schedule of basic child support obligations - adjustments to basic child support - additional guidelines - child support commission. (1) Purpose and applicability. (a) [Formerly 14-10-115 (3)(c)] The child support guideline has guidelines and schedule of basic child support obligations have the following purposes: (I) To establish as state policy an adequate standard of support for children, subject to the ability of parents to pay; (II) To make awards more equitable by ensuring more consistent treatment of persons in similar circumstances; and (III) To improve the efficiency of the court process by promoting settlements and giving courts and the parties guidance in establishing levels of awards. (b) [Formerly 14-10-115 (4)] The child support guideline does guidelines and schedule of basic child support obligations do the following: (a) (I) Calculates Calculate child support based upon the parents' combined adjusted gross income estimated to have been allocated to the child if the parents and children were living in an intact household; (b) (II) Adjusts Adjust the child support based upon the needs of the children for extraordinary medical expenses and work-related child care costs; and (c) (III) Allocates Allocate the amount of child support to be paid by each parent based upon physical care arrangements. (c) [Formerly 14-10-115 (17)] This section shall apply to all child support obligations, established or modified, as a part of any proceeding, including, but not limited to, articles 5, 6, and 10 of this title and articles 4 and 6 of title 19, C.R.S., regardless of when filed. (2) Duty of support - factors to consider. (a) [Formerly 14-10-115 (1)] In a proceeding for dissolution of marriage, legal separation, maintenance, or child support, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the child's support and may order an amount determined to be reasonable under the circumstances for a time period that occurred after the date of the parties' physical separation or the filing of the petition or service upon the respondent, whichever date is latest, and prior to the entry of the support order, without regard to marital misconduct. after considering all relevant factors including: (b) In determining the amount of support under this subsection (2), the court shall consider all relevant factors, including: (a) (I) The financial resources of the child; (b) (II) The financial resources of the custodial parent; (c) (III) The standard of living the child would have enjoyed had the marriage not been dissolved; (d) (IV) The physical and emotional condition of the child and his or her educational needs; and (e) (V) The financial resources and needs of the noncustodial parent. (3) Definitions. As used in this section, unless the context otherwise requires: (a) [Formerly a part of 14-10-115 (10)(a)(II)(A)] "Adjusted gross income" means gross income, as specified in subsection (5) of this section, less preexisting child support obligations and less alimony or maintenance actually paid by a parent. (b) [Formerly a part of 14-10-115 (10)(a)(II)(A)] "Combined gross income" means the combined monthly adjusted gross incomes of both parents. (c) [Formerly a part of the introductory portion to 14-10-115 (7)(a)] "Income" means the actual gross income of a parent, if employed to full capacity, or potential income, if unemployed or underemployed. Gross income of each parent shall be determined according to subsection (5) of this section. (d) [Formerly a part of 14-10-115 (10)(a)(II)(A)] "Number of children due support", as used in the schedule of basic child support obligations specified in subsection (7) of this section, means children for whom the parents share joint legal responsibility and for whom support is being sought. (e) [Formerly a part of 14-10-115 (7)(d)] "Other children" means children who are not the subject of the child support determination at issue. (f) [Formerly a part of 14-10-115 (1.5)(b)(I)] "Postsecondary education" includes college and vocational education programs. (g) [Formerly 14-10-115 (1.5)(e)] For the purposes of this section, "Postsecondary education support" means support for the following expenses associated with attending a college, university, or vocational education program: Tuition, books, and fees. (h) [Formerly 14-10-115 (8)] For the purposes of this section, "Shared physical care", for the purposes of the child support guidelines and schedule of basic child support obligations specified in this section, and as further specified in paragraph (b) of subsection (8) of this section, means that each parent keeps the children overnight for more than ninety-two overnights each year and that both parents contribute to the expenses of the children in addition to the payment of child support. (i) [Formerly 14-10-115 (9)] For the purposes of this section, "Split physical care", for the purposes of the child support guidelines and schedule of basic child support obligations specified in this section, and as further specified in paragraph (c) of subsection (8) of this section, means that each parent has physical care of at least one of the children by means of that child or children residing with that parent the majority of the time. (4) Forms - identifying information. (a) [Formerly 14-10-115 (5)] The child support guideline guidelines shall be used with standardized child support guideline forms to be issued by the judicial department. The judicial department is responsible for promulgating and updating the Colorado child support guideline forms, schedules, worksheets, and instructions. (b) [Formerly 14-10-115 (3.5)] All child support orders entered pursuant to this article shall provide the social security numbers and dates of birth of the parties and of the children who are the subject of the order and the parties' residential and mailing addresses. (5) Determination of income. (a) [Formerly the introductory portion to 14-10-115 (7)(a)] For the purposes of the guideline child support guidelines and schedule of basic child support obligations specified in subsections (3) to (14) of this section, "income" means actual gross income of a parent, if employed to full capacity, or potential income, if unemployed or underemployed the gross income of each parent shall be determined according to the following guidelines: (I) [Formerly 14-10-115 (7)(a)(I)(A)] "Gross income" includes income from any source, except as otherwise provided in subparagraph (II) of this paragraph (a), and includes, but is not limited to: (A) Income from salaries; (B) Wages, including tips declared by the individual for purposes of reporting to the federal internal revenue service or tips imputed to bring the employee's gross earnings to the minimum wage for the number of hours worked, whichever is greater; (C) Commissions; (D) Payments received as an independent contractor for labor or services; (E) Bonuses; (F) Dividends; (G) Severance pay; (H) Pensions and retirement benefits, including but not limited to those paid pursuant to article 64 of title 22, C.R.S., articles 51, 54, 54.5, and 54.6 and 54.7 of title 24, C.R.S., and article 30 of title 31, C.R.S.; (I) Royalties; (J) Rents; (K) Interest; (L) Trust income; (M) Annuities; (N) Capital gains; (O) Any moneys drawn by a self-employed individual for personal use; (P) Social security benefits, including social security benefits actually received by a parent as a result of the disability of that parent or as the result of the death of the minor child's stepparent, but not including social security benefits received by a minor child or on behalf of a minor child as a result of the death or disability of a stepparent of the child; (Q) Workers' compensation benefits; (R) Unemployment insurance benefits; (S) Disability insurance benefits; (T) Funds held in or payable from any health, accident, disability, or casualty insurance to the extent that such insurance replaces wages or provides income in lieu of wages; (U) Monetary gifts; (V) Monetary prizes, excluding lottery winnings not required by the rules of the Colorado lottery commission to be paid only at the lottery office; (W) Taxable distributions from general partnerships, limited partnerships, closely held corporations, or limited liability companies; and alimony or maintenance received. "Gross income" does not include child support payments received. (X) [Formerly 14-10-115 (7)(a)(III)] Expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business shall be counted as income if they are significant and reduce personal living expenses; (Y) [Formerly a part of 14-10-115 (7)(a)(I)(A)] Alimony or maintenance received; and (Z) [Formerly 14-10-115 (7)(a)(I)(C)] "Gross income" includes Overtime pay, only if the overtime is required by the employer as a condition of employment. "Gross income" does not include income from additional jobs that result in the employment of the obligor more than forty hours per week or more than what would otherwise be considered to be full-time employment. (II) "Gross income" does not include: (A) Child support payments received; (B) [Formerly 14-10-115 (7)(a)(I)(B)] "Gross income" does not include Benefits received from means-tested public assistance programs, including but not limited to assistance provided under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S., supplemental security income, food stamps, and general assistance; (C) [Formerly a part of 14-10-115 (7)(a)(I)(C)] Income from additional jobs that result in the employment of the obligor more than forty hours per week or more than what would otherwise be considered to be full-time employment; and (D) [Formerly a part of 14-10-115 (16.5)] Social security benefits received by the minor children, or on behalf of the minor children, as a result of the death or disability of a stepparent are not to be included as income for the minor children for the determination of child support. (III) [Formerly 14-10-115 (7)(a)(II)] (A) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, "gross income" means equals gross receipts minus ordinary and necessary expenses, as defined in sub-subparagraph (B) of this subparagraph (III), required to produce such income. (B) "Ordinary and necessary expenses" does not include amounts allowable by the internal revenue service for the accelerated component of depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining gross income for purposes of calculating child support. (b) (I) [Formerly 14-10-115 (7)(b)(I)] If a parent is voluntarily unemployed or underemployed, child support shall be calculated based on a determination of potential income; except that a determination of potential income shall not be made for a parent who is physically or mentally incapacitated or is caring for a child under the age of thirty months for whom the parents owe a joint legal responsibility. (II) [Formerly 14-10-115 (7)(b)(I.5)] If a noncustodial parent who owes past-due child support is unemployed and not incapacitated and has an obligation of support to a child receiving assistance pursuant to part 7 of article 2 of title 26, C.R.S., the court or delegate child support enforcement unit may order such the parent to pay such support in accordance with a plan approved by the court or to participate in work activities. Work activities may include one or more of the following: (A) Private or public sector employment; (B) Job search activities; (C) Community service; (D) Vocational training; or (E) Any other employment-related activities available to that particular individual. (III) [Formerly 14-10-115 (7)(b)(III)] For the purposes of this section, a parent shall not be deemed "underemployed" if: (A) The employment is temporary and is reasonably intended to result in higher income within the foreseeable future; or (B) The employment is a good faith career choice which that is not intended to deprive a child of support and does not unreasonably reduce the support available to a child; or (C) The parent is enrolled in an educational program which that is reasonably intended to result in a degree or certification within a reasonable period of time and which that will result in a higher income, so long as the educational program is a good faith career choice which that is not intended to deprive the child of support and which that does not unreasonably reduce the support available to a child. (c) [Formerly 14-10-115 (7)(c)] Income statements of the parents shall be verified with documentation of both current and past earnings. Suitable documentation of current earnings includes pay stubs, employer statements, or receipts and expenses if self-employed. Documentation of current earnings shall be supplemented with copies of the most recent tax return to provide verification of earnings over a longer period. A copy of wage statements or other wage information obtained from the computer data base maintained by the department of labor and employment shall be admissible into evidence for purposes of determining income under this subsection (7) (5). (6) Adjustments to gross income. (a) [Formerly 14-10-115 (7)(d)] The amount of child support actually paid by a parent with an order for support of other children shall be deducted from that parent's gross income. For the purposes of this section, "other children" means children who are not the subject of this particular child support determination. (b) (I) [Formerly 14-10-115 (7) (d.5)] At the time of the initial establishment of a child support order, or in any proceeding to modify a support order, if a parent is also legally responsible for the support of other children born prior to the children who are the subject of the child support order and for whom the parents do not share joint legal responsibility, an adjustment shall be made revising such the parent's income prior to calculating the basic child support obligation for the children who are the subject of the support order if the children are living in the home of the parent seeking the adjustment or if the children are living out of the home, and the parent seeking the adjustment provides documented proof of money payments of support of those children. The amount shall not exceed the guidelines schedule of basic child support obligations listed in this section. An amount equal to the amount listed under the schedule of basic child support obligations in paragraph (b) of subsection (10) (7) of this section which that would represent a support obligation based only upon the responsible parent's gross income, without any other adjustments, for the number of such other children for whom such the parent is also responsible shall be subtracted from the amount of such the parent's gross income prior to calculating the basic child support obligation based on both parents' gross income as provided in subsection (10) (7) of this section. (II) The adjustment pursuant to this paragraph (d.5) this paragraph (b), based on the responsibility to support other children, shall not be made to the extent that the adjustment contributes to the calculation of a support order lower than a previously existing support order for the children who are the subject of the modification hearing at which an adjustment is sought. (7) Schedule of basic child support obligations. (a) (I) [Formerly 14-10-115 (10) (a)] The basic child support obligation shall be determined using the schedule of basic child support obligations contained in paragraph (b) of this subsection (10) (7). The basic child support obligation shall be divided between the parents in proportion to their adjusted gross incomes. (II) (A) The category entitled "combined gross income" in the schedule means the combined monthly adjusted gross incomes of both parents. For the purposes of subsections (3) to (14) of this section, "adjusted gross income" means gross income less preexisting child support obligations and less alimony or maintenance actually paid by a parent. For combined gross income amounts falling that falls between amounts shown in the schedule of basic child support obligations, basic child support amounts shall be interpolated. The category entitled "number of children due support" in the schedule of basic child support obligations means children for whom the parents share joint legal responsibility and for whom support is being sought shall have the meaning defined in subsection (3) of this section. (B) Except as otherwise provided in sub-subparagraph (D) of this subparagraph (II), in circumstances in which the parents' combined monthly adjusted gross income is less than eight hundred fifty dollars, a child support payment of fifty dollars per month shall be required of the obligor. The minimum order of fifty dollars shall not apply when each parent keeps the children more than ninety-two overnights each year as defined in subsection (8) paragraph (h) of subsection (3) of this section. In no case, however, shall the amount of child support ordered to be paid exceed the amount of child support that would otherwise be ordered to be paid if the parents did not share physical custody. (C) Except as otherwise provided in sub-subparagraph (D) of this subparagraph (II), in circumstances in which the parents' combined monthly adjusted gross income is eight hundred fifty dollars or more, but in which the parent with the least number of overnights per year with the child has a monthly adjusted gross income of less than one thousand eight hundred fifty dollars, the court or delegate child support enforcement unit, pursuant to section 26-13.5-105 (4), C.R.S., shall perform a low-income adjustment calculation of child support as follows: The court or delegate child support enforcement unit shall determine each parent's monthly adjusted gross income, as that term is defined in sub-subparagraph (A) of this subparagraph (II) subsection (3) of this section. Based upon the parents' combined monthly adjusted gross incomes, the court or delegate child support enforcement unit shall determine the monthly basic child support obligation, using the schedule of basic child support obligations set forth in paragraph (b) of this subsection (10) (7) and shall determine each parent's presumptive proportionate share of said obligation. The court or delegate child support enforcement unit shall then adjust the income of the parent with the fewest number of overnights per year with the child by subtracting nine hundred dollars from that parent's monthly adjusted gross income. The court shall multiply the resulting amount by a factor of forty percent. The product of the multiplication shall be added to the following basic minimum child support amount as additional minimum support, unless the product of the multiplication amount is zero or a negative figure, in which case the court shall add zero to the following basic minimum child support amount: Seventy-five dollars for one child; one hundred fifty dollars for two children; two hundred twenty-five dollars for three children; two hundred seventy-five dollars for four children; three hundred twenty-five dollars for five children; and three hundred fifty dollars for six or more children. The court or delegate child support enforcement unit shall compare the product of this addition to the parent's presumptive proportionate share of the monthly basic support obligation determined previously from the schedule of basic child support obligations. The lesser of the two amounts shall be the basic monthly support obligation to be paid by the low-income parent, as adjusted by the low-income parent's proportionate share of the work-related and education-related child care costs, health insurance, extraordinary medical expenses, and other extraordinary adjustments as described in subsections (11) to (13.5) (9) to (11) of this section. The low-income adjustment shall not apply when each parent keeps the children more than ninety-two overnights each year as defined in subsection (8) of this section. In no case, however, shall the amount of child support ordered to be paid exceed the amount of child support that would otherwise be ordered to be paid if the parents did not share physical custody. (D) In any circumstance in which the obligor's monthly adjusted gross income is less than eight hundred fifty dollars, regardless of the monthly adjusted gross income of the obligee, the obligor shall be ordered to pay fifty dollars per month in child support. The minimum order of fifty dollars shall not apply when each parent keeps the children more than ninety-two overnights each year as defined in subsection (8) of this section. In no case, however, shall the amount of child support ordered to be paid exceed the amount of child support that would otherwise be ordered to be paid if the parents did not share physical custody. (E) The judge may use discretion to determine child support in circumstances where combined adjusted gross income exceeds the uppermost levels of the guideline schedule of basic child support obligations; except that the presumptive basic child support obligation shall not be less than it would be based on the highest level of adjusted gross income set forth in the guideline schedule of basic child support obligations. (b) [Formerly 14-10-115 (10) (b)] Schedule of basic child support obligations: COMBINED GROSS INCOME ONE CHILD TWO CHILDREN THREE CHILDREN FOUR CHILDREN FIVE CHILDREN SIX OR MORE CHILDREN 100 ORDER OF $50 PER MONTH 200 300 400 500 600 700 800 850 184 269 319 352 382 409 900 193 282 334 369 400 428 950 202 294 349 386 418 447 1000 211 307 364 402 436 467 1050 220 320 379 419 455 486 1100 228 333 395 436 473 506 1150 237 346 410 453 491 525 1200 246 359 425 470 509 545 1250 255 372 440 487 528 565 1300 264 385 456 504 546 584 1350 273 397 471 520 564 603 1400 281 410 486 537 582 622 1450 290 422 500 553 599 641 1500 298 435 515 569 617 660 1550 307 447 530 586 635 679 1600 315 460 545 602 652 698 1650 324 472 559 618 670 717 1700 333 485 574 634 688 736 1750 341 497 589 651 705 755 1800 350 510 604 667 723 774 1850 358 522 619 683 741 793 1900 367 535 633 700 759 812 1950 375 547 648 716 776 830 2000 383 558 661 730 792 847 2050 391 570 674 745 807 864 2100 399 581 687 759 823 881 2150 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9600 1144 1647 1928 2130 2309 2471 9650 1149 1653 1935 2139 2318 2481 9700 1153 1659 1943 2147 2327 2490 9750 1157 1666 1950 2155 2336 2500 9800 1162 1672 1958 2164 2345 2510 9850 1166 1678 1965 2172 2354 2519 9900 1170 1685 1973 2180 2363 2529 9950 1175 1691 1981 2188 2372 2538 10000 1179 1697 1988 2197 2381 2548 10050 1183 1703 1995 2204 2389 2557 10100 1187 1709 2002 2212 2398 2565 10150 1191 1715 2008 2219 2406 2574 10200 1195 1720 2015 2227 2414 2583 10250 1199 1726 2022 2234 2422 2592 10300 1203 1732 2029 2242 2430 2601 10350 1207 1738 2036 2250 2439 2609 10400 1211 1744 2043 2257 2447 2618 10450 1215 1749 2050 2265 2455 2627 10500 1219 1755 2056 2272 2463 2636 10550 1223 1761 2063 2280 2471 2644 10600 1227 1767 2070 2288 2480 2653 10650 1231 1773 2077 2295 2488 2662 10700 1235 1778 2084 2303 2496 2671 10750 1239 1784 2091 2310 2504 2680 10800 1243 1790 2098 2318 2513 2688 10850 1247 1796 2104 2325 2521 2697 10900 1251 1802 2111 2333 2529 2706 10950 1255 1808 2118 2341 2537 2715 11000 1259 1813 2125 2348 2545 2724 11050 1263 1819 2132 2356 2554 2732 11100 1267 1825 2139 2363 2562 2741 11150 1271 1831 2146 2371 2570 2750 11200 1275 1837 2152 2378 2578 2759 11250 1279 1842 2159 2386 2586 2768 11300 1283 1848 2166 2394 2595 2776 11350 1287 1854 2173 2401 2603 2785 11400 1291 1860 2180 2409 2611 2794 11450 1295 1866 2187 2417 2619 2803 11500 1299 1871 2194 2424 2628 2812 11550 1303 1877 2201 2432 2636 2821 11600 1307 1883 2208 2440 2644 2830 11650 1311 1889 2215 2447 2653 2838 11700 1315 1895 2222 2455 2661 2847 11750 1319 1900 2229 2463 2669 2856 11800 1322 1906 2235 2470 2678 2865 11850 1326 1912 2242 2478 2686 2874 11900 1330 1918 2249 2486 2694 2883 11950 1334 1923 2256 2493 2703 2892 12000 1338 1929 2263 2501 2711 2901 12050 1342 1935 2270 2508 2719 2909 12100 1346 1940 2276 2515 2726 2917 12150 1349 1945 2283 2522 2734 2925 12200 1353 1951 2289 2529 2742 2934 12250 1357 1956 2295 2536 2749 2942 12300 1360 1961 2302 2543 2757 2950 12350 1364 1967 2308 2551 2765 2958 12400 1367 1972 2315 2558 2772 2966 12450 1371 1977 2321 2565 2780 2975 12500 1375 1983 2327 2572 2788 2983 12550 1378 1988 2334 2579 2795 2991 12600 1382 1993 2340 2586 2803 2999 12650 1386 1998 2347 2593 2811 3007 12700 1389 2004 2353 2600 2818 3016 12750 1393 2009 2359 2607 2826 3024 12800 1397 2014 2366 2614 2834 3032 12850 1400 2020 2373 2622 2842 3041 12900 1405 2026 2380 2630 2851 3050 12950 1409 2032 2387 2638 2859 3059 13000 1413 2038 2394 2646 2868 3069 13050 1417 2044 2402 2654 2877 3078 13100 1421 2050 2409 2662 2885 3087 13150 1425 2056 2416 2670 2894 3096 13200 1429 2062 2423 2678 2902 3106 13250 1433 2068 2430 2685 2911 3115 13300 1437 2074 2437 2693 2920 3124 13350 1441 2080 2445 2701 2928 3133 13400 1445 2086 2452 2709 2937 3142 13450 1449 2092 2459 2717 2945 3152 13500 1453 2098 2466 2725 2954 3161 13550 1457 2104 2473 2733 2963 3170 13600 1461 2110 2481 2741 2971 3179 13650 1465 2116 2488 2749 2980 3189 13700 1469 2122 2495 2757 2989 3198 13750 1473 2128 2502 2765 2997 3207 13800 1477 2134 2509 2773 3006 3216 13850 1481 2140 2517 2781 3014 3225 13900 1485 2146 2524 2789 3023 3235 13950 1489 2152 2531 2797 3032 3244 14000 1493 2158 2538 2805 3040 3253 14050 1497 2164 2545 2813 3049 3262 14100 1501 2170 2553 2821 3058 3272 14150 1505 2176 2560 2829 3066 3281 14200 1509 2181 2567 2836 3075 3290 14250 1514 2187 2574 2844 3083 3299 14300 1518 2193 2581 2852 3092 3308 14350 1522 2199 2589 2860 3101 3318 14400 1526 2205 2596 2868 3109 3327 14450 1530 2211 2603 2876 3118 3336 14500 1534 2217 2610 2884 3126 3345 14550 1538 2223 2617 2892 3135 3354 14600 1542 2229 2624 2900 3144 3364 14650 1546 2235 2632 2908 3152 3373 14700 1550 2241 2639 2916 3161 3382 14750 1554 2247 2646 2924 3170 3391 14800 1558 2253 2653 2932 3178 3401 14850 1562 2259 2660 2940 3187 3410 14900 1566 2265 2668 2948 3195 3419 14950 1570 2271 2675 2956 3204 3428 15000 1574 2277 2682 2964 3213 3437 15050 1578 2283 2689 2972 3221 3447 15100 1582 2289 2696 2980 3230 3456 15150 1586 2295 2704 2987 3238 3465 15200 1590 2301 2711 2995 3247 3474 15250 1594 2307 2718 3003 3256 3484 15300 1598 2313 2725 3011 3264 3493 15350 1602 2319 2732 3019 3273 3502 15400 1606 2325 2740 3027 3282 3511 15450 1610 2330 2746 3034 3289 3519 15500 1613 2334 2750 3039 3294 3525 15550 1615 2338 2755 3044 3300 3531 15600 1618 2342 2759 3049 3305 3537 15650 1621 2346 2764 3054 3311 3542 15700 1624 2350 2768 3059 3316 3548 15750 1626 2353 2773 3064 3322 3554 15800 1629 2357 2778 3069 3327 3560 15850 1632 2361 2782 3074 3332 3566 15900 1634 2365 2787 3079 3338 3572 15950 1637 2369 2791 3084 3343 3577 16000 1640 2373 2796 3089 3349 3583 16050 1643 2377 2800 3094 3354 3589 16100 1645 2381 2805 3099 3360 3595 16150 1648 2385 2809 3104 3365 3601 16200 1651 2389 2814 3109 3371 3607 16250 1654 2392 2818 3114 3376 3612 16300 1656 2396 2823 3119 3381 3618 16350 1659 2400 2828 3124 3387 3624 16400 1662 2404 2832 3129 3392 3630 16450 1665 2408 2837 3134 3398 3636 16500 1667 2412 2841 3140 3403 3641 16550 1670 2416 2846 3145 3409 3647 16600 1673 2420 2850 3150 3414 3653 16650 1675 2424 2855 3155 3420 3659 16700 1678 2428 2859 3160 3425 3665 16750 1681 2431 2864 3165 3430 3671 16800 1684 2435 2868 3170 3436 3676 16850 1686 2439 2873 3175 3441 3682 16900 1689 2443 2878 3180 3447 3688 16950 1692 2447 2882 3185 3452 3694 17000 1695 2451 2887 3190 3458 3700 17050 1697 2455 2891 3195 3463 3706 17100 1700 2459 2896 3200 3469 3711 17150 1703 2463 2900 3205 3474 3717 17200 1705 2467 2905 3210 3479 3723 17250 1708 2471 2909 3215 3485 3729 17300 1711 2474 2914 3220 3490 3735 17350 1714 2478 2918 3225 3496 3740 17400 1716 2482 2923 3230 3501 3746 17450 1719 2486 2928 3235 3507 3752 17500 1722 2490 2932 3240 3512 3758 17550 1725 2494 2937 3245 3518 3764 17600 1727 2498 2941 3250 3523 3770 17650 1730 2502 2946 3255 3528 3775 17700 1733 2506 2950 3260 3534 3781 17750 1736 2510 2955 3265 3539 3787 17800 1738 2513 2959 3270 3545 3793 17850 1741 2517 2964 3275 3550 3799 17900 1744 2521 2968 3280 3556 3805 17950 1746 2525 2973 3285 3561 3810 18000 1749 2529 2978 3290 3567 3816 18050 1752 2533 2982 3295 3572 3822 18100 1755 2537 2987 3300 3577 3828 18150 1757 2541 2991 3305 3583 3834 18200 1760 2545 2996 3310 3588 3839 18250 1763 2549 3000 3315 3594 3845 18300 1766 2552 3005 3320 3599 3851 18350 1768 2556 3009 3325 3605 3857 18400 1771 2560 3014 3330 3610 3863 18450 1774 2564 3018 3335 3616 3869 18500 1776 2568 3023 3340 3621 3874 18550 1779 2572 3027 3345 3626 3880 18600 1782 2576 3032 3350 3632 3886 18650 1785 2580 3037 3355 3637 3892 18700 1787 2584 3041 3360 3643 3898 18750 1790 2588 3046 3365 3648 3904 18800 1793 2592 3050 3370 3654 3909 18850 1796 2595 3055 3376 3659 3915 18900 1798 2599 3059 3381 3664 3921 18950 1801 2603 3064 3386 3670 3927 19000 1804 2607 3068 3391 3675 3933 19050 1807 2611 3073 3396 3681 3938 19100 1809 2615 3077 3401 3686 3944 19150 1812 2619 3082 3406 3692 3950 19200 1815 2623 3087 3411 3697 3956 19250 1817 2627 3091 3416 3703 3962 19300 1820 2631 3096 3421 3708 3968 19350 1823 2634 3100 3426 3713 3973 19400 1826 2638 3105 3431 3719 3979 19450 1828 2642 3109 3436 3724 3985 19500 1831 2646 3114 3441 3730 3991 19550 1834 2650 3118 3446 3735 3997 19600 1837 2654 3123 3451 3741 4003 19650 1839 2658 3127 3456 3746 4008 19700 1842 2662 3132 3461 3752 4014 19750 1845 2666 3137 3466 3757 4020 19800 1847 2670 3141 3471 3762 4026 19850 1850 2674 3146 3476 3768 4032 19900 1853 2677 3150 3481 3773 4037 19950 1856 2681 3155 3486 3779 4043 20000 1858 2685 3159 3491 3784 4049 (8) Computation of basic child support - shared physical care - split physical care - stipulations - deviations - basis for periodic updates. (a) [Formerly 14-10-115 (14) and 14-10-115 (10)(c)] Except in cases of shared physical care or split physical care as defined in subsections (8) and (9) paragraphs (h) and (i) of subsection (3) of this section, a total child support obligation is determined by adding each parent's respective obligations for the basic child support obligation, as determined through the guidelines and schedule of basic child support obligations specified in subsection (7) of this section, work-related net child care costs, extraordinary medical expenses, and extraordinary adjustments to the schedule of basic child support obligations. The parent receiving a child support payment shall be presumed to spend his or her total child support obligation directly on the children. The parent paying child support to the other parent shall owe his or her total child support obligation as child support to the other parent minus any ordered payments included in the calculations made directly on behalf of the children for work-related net child care costs, extraordinary medical expenses, or extraordinary adjustments to the schedule of basic child support obligations. (b) [Formerly 14-10-115 (10)(c)] Because shared physical care presumes that certain basic expenses for the children will be duplicated, an adjustment for shared physical care is made by multiplying the basic child support obligation by one and fifty one-hundredths hundredths (1.50). In cases of shared physical care, each parent's adjusted basic child support obligation obtained by application of paragraph (c) (b) of subsection (10) (7) of this section shall first be divided between the parents in proportion to their respective adjusted gross incomes. Each parent's share of the adjusted basic child support obligation shall then be multiplied by the percentage of time the children spend with the other parent to determine the theoretical basic child support obligation owed to the other parent. To these amounts shall be added each parent's proportionate share of work-related net child care costs, extraordinary medical expenses, and extraordinary adjustments to the schedule of basic child support obligations. The parent owing the greater amount of child support shall owe the difference between the two amounts as a child support order minus any ordered direct payments made on behalf of the children for work-related net child care costs, extraordinary medical expenses, or extraordinary adjustments to the schedule of basic child support obligations. In no case, however, shall the amount of child support ordered to be paid exceed the amount of child support that would otherwise be ordered to be paid if the parents did not share physical custody. (c) (I) In cases of split physical care, a child support obligation shall be computed separately for each parent based upon the number of children living with the other parent in accordance with subsections (10), (11), (12), and (13) (7), (9), (10), and (11) of this section. The amount so determined shall be a theoretical support obligation due each parent for support of the child or children for whom he or she has primary physical custody. The obligations so determined shall then be offset, with the parent owing the larger amount owing the difference between the two amounts as a child support order. (II) If the parents also share physical care as outlined in paragraph (b) of this subsection (14) (8), an additional adjustment for shared physical care shall be made as provided in paragraph (b) of this subsection (14) (8). (d) [Formerly 14-10-115 (3) (b) (I)] Stipulations presented to the court shall be reviewed by the court for approval. No hearing shall be required; however, the court shall use the guideline guidelines and schedule of basic child support obligations to review the adequacy of child support orders negotiated by the parties as well as the financial affidavit which that fully discloses the financial status of the parties as required for use of the guideline guidelines and schedule of basic child support obligations. (e) [Formerly 14-10-115 (3) (a)] In any action to establish or modify child support, whether temporary or permanent, the child support guideline guidelines and schedule of basic child support obligations as set forth in subsection (7) of this section shall be used as a rebuttable presumption for the establishment or modification of the amount of child support. Courts may deviate from the guideline guidelines and schedule of basic child support obligations where its application would be inequitable, unjust, or inappropriate. Any such deviation shall be accompanied by written or oral findings by the court specifying the reasons for the deviation and the presumed amount under the guidelines and schedule of basic child support obligations without a deviation. These reasons may include, but are not limited to, the extraordinary medical expenses incurred for treatment of either parent or a current spouse, extraordinary costs associated with parenting time, the gross disparity in income between the parents, the ownership by a parent of a substantial nonincome producing asset, consistent overtime not considered in gross income under sub-subparagraph (C) of subparagraph (I) (II) of paragraph (a) of subsection (7) (5) of this section, or income from employment that is in addition to a full-time job or that results in the employment of the obligor more than forty hours per week or more than what would otherwise be considered to be full-time employment. The existence of a factor enumerated in this section does not require the court to deviate from the guidelines and basic schedule of child support obligations, but is a factor to be considered in the decision to deviate. The court may deviate from the guidelines and basic schedule of child support obligations even if no factor enumerated in this section exists. (f) [Formerly 14-10-115 (6)] The child support guideline guidelines and schedule of basic child support obligations may be used by the parties as the basis for periodic updates of child support obligations. (9) Adjustments for child care costs. (a) [Formerly 14-10-115 (11)] Net child care costs incurred on behalf of the children due to employment or job search or the education of either parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted gross incomes. (b) Child care costs shall not exceed the level required to provide quality care from a licensed source for the children. The value of the federal income tax credit for child care shall be subtracted from actual costs to arrive at a figure for net child care costs. (10) Adjustments for health care expenditures for children. (a) [Formerly 14-10-115 (13.5)] In orders issued pursuant to this section, the court shall also provide for the child's or children's current and future medical needs by ordering either parent or both parents to initiate medical or medical and dental insurance coverage for the child or children through currently effective medical or medical and dental insurance policies held by the parent or parents, purchase medical or medical and dental insurance for the child or children, or provide the child or children with current and future medical needs through some other manner. At the same time, the court shall order payment of medical insurance or medical and dental insurance deductibles and copayments. (b) The payment of a premium to provide health insurance coverage on behalf of the children subject to the order shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross income. (c) The amount to be added to the basic child support obligation shall be the actual amount of the total insurance premium that is attributable to the child who is the subject of the order. If this amount is not available or cannot be verified, the total cost of the premium should be divided by the total number of persons covered by the policy. The cost per person derived from this calculation shall be multiplied by the number of children who are the subject of the order and who are covered under the policy. This amount shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross incomes. (d) After the total child support obligation is calculated and divided between the parents in proportion to their adjusted gross incomes, the amount calculated in paragraph (c) of this subsection (13.5) (10) shall be deducted from the obligor's share of the total child support obligation if the obligor is actually paying the premium. If the obligee is actually paying the premium, no further adjustment is necessary. (e) Prior to allowing the health insurance adjustment, the parent requesting the adjustment must submit proof that the child or children have been enrolled in a health insurance plan and must submit proof of the cost of the premium. The court shall require the parent receiving the adjustment to submit annually proof of continued coverage of the child or children to the delegate child support enforcement unit and to the other parent. (f) If a parent who is ordered by the court to provide medical or medical and dental insurance for the child or children has insurance that excludes coverage of the child or children because such the child or children reside outside the geographic area covered by the insurance policy, the court shall order separate coverage for the child or children if the court determines coverage is available at a reasonable cost. (g) Where the application of the premium payment on the child support guidelines and schedule of basic child support obligations results in a child support order of fifty dollars or less or the premium payment is twenty percent or more of the parent's gross income, the court or delegate child support enforcement unit may elect not to require the parent to include the child or children on an existing policy or to purchase insurance. The parent shall, however, be required to provide insurance when it does become available at a reasonable cost. (h) (I) Any extraordinary medical expenses incurred on behalf of the children shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross incomes. (II) Extraordinary medical expenses are uninsured expenses, including copayments and deductible amounts, in excess of two hundred fifty dollars per child per calendar year. Extraordinary medical expenses shall include, but need not be limited to, such reasonable costs as are reasonably necessary for orthodontia, dental treatment, asthma treatments, physical therapy, vision care, and any uninsured chronic health problem. At the discretion of the court, professional counseling or psychiatric therapy for diagnosed mental disorders may also be considered as an extraordinary medical expense. (11) Extraordinary adjustments to the schedule of basic child support obligations - periodic disability benefits. (a) [Formerly 14-10-115 (13)] By agreement of the parties or by order of court, the following reasonable and necessary expenses incurred on behalf of the child shall be divided between the parents in proportion to their adjusted gross income: (I) Any expenses for attending any special or private elementary or secondary schools to meet the particular educational needs of the child; and (II) Any expenses for transportation of the child, or the child and an accompanying parent if the child is less than twelve years of age, between the homes of the parents. (b) Any additional factors that actually diminish the basic needs of the child may be considered for deductions from the basic child support obligation. (c) [Formerly 14-10-115 (16.5)] In cases where the custodial parent receives periodic disability benefits granted by the federal "Old-age, Survivors, and Disability Insurance Act" on behalf of dependent children due to the disability of the noncustodial parent or receives employer-paid retirement benefits from the federal government on behalf of dependent children due to the retirement of the noncustodial parent, the noncustodial parent's share of the total child support obligation as determined pursuant to subsection (14) (8) of this section shall be reduced in an amount equal to the amount of such the benefits. Social security benefits received by the minor children, or on behalf of the minor children, as a result of the death or disability of a stepparent are not to be included as income for the minor children for the determination of child support. However, any social security benefits actually received by a parent as a result of the disability of that parent, or as the result of the death of the minor child's stepparent, shall be included in the gross income of that parent. (12) Dependency exemptions. [Formerly 14-10-115 (14.5)] Unless otherwise agreed upon by the parties, the court shall allocate the right to claim dependent children for income tax purposes between the parties. These rights shall be allocated between the parties in proportion to their contributions to the costs of raising the children. A parent shall not be entitled to claim a child as a dependent if he or she has not paid all court-ordered child support for that tax year or if claiming the child as a dependent would not result in any tax benefit. (13) Emancipation. (a) [Formerly 14-10-115 (1.6)] For child support orders entered on or after July 1, 1997, unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates without either party filing a motion when the last or only child attains nineteen years of age unless one or more of the following conditions exist: (a) (I) The parties agree otherwise in a written stipulation after July 1, 1997; (b) (II) If the child is mentally or physically disabled, the court or the delegate child support enforcement unit may order child support, including payments for medical expenses or insurance or both, to continue beyond the age of nineteen; (c) (III) If the child is still in high school or an equivalent program, support continues until the end of the month following graduation. A child who ceases to attend high school prior to graduation and later reenrolls is entitled to support upon reenrollment and until the end of the month following graduation, but not beyond age twenty-one. (b) [Formerly 14-10-115 (1.7)] Nothing in subsection (1.5) or (1.6) paragraph (a) of this subsection (13) or subsection (15) of this section shall preclude the parties from agreeing in a written stipulation or agreement on or after July 1, 1997, to continue child support beyond the age of nineteen or to provide for postsecondary education expenses for a child and to set forth the details of the payment of such the expenses. If such the stipulation or agreement is approved by the court and made part of a decree of dissolution of marriage or legal separation, the terms of such the agreement shall be enforced as provided in section 14-10-112. (14) [Formerly 14-10-115 (3)(b)(II)] Annual exchange of information. (a) When a child support order is entered or modified, the parties may agree or the court may require the parties to exchange financial information, including verification of insurance and its costs, pursuant to paragraph (c) of subsection (7) (5) of this section and other appropriate information once a year or less often, by regular mail, for the purpose of updating and modifying the order without a court hearing. The parties shall use the approved standardized child support guideline forms specified in subsection (4) of this section in exchanging such financial information. Such The forms shall be included with any agreed modification or an agreement that a modification is not appropriate at the time. If the agreed amount departs from the guidelines and schedule of basic child support obligations, the parties shall furnish statements of explanation which that shall be included with the forms and shall be filed with the court. The court shall review the agreement pursuant to this subparagraph (II) paragraph (a) and inform the parties by regular mail whether or not additional or corrected information is needed, or that the modification is granted, or that the modification is denied. If the parties cannot agree, no modification pursuant to this subparagraph (II) paragraph (a) shall be entered; however, either party may move for or the court may schedule, upon its own motion, a modification hearing. (b) [Formerly 14-10-115 (3)(b)(III)] Upon request of the noncustodial parent, the court may order the custodial parent to submit an annual update of financial information using the approved standardized child support guideline forms, as specified in subsection (4) of this section, including information on the actual expenses relating to the children of the marriage for whom support has been ordered. The court shall not order the custodial parent to update such the financial information pursuant to this subparagraph (III) paragraph (b) in circumstances where the noncustodial parent has failed to exercise parenting time rights or when child support payments are in arrears or where there is documented evidence of domestic violence, child abuse, or a violation of a protection order on the part of the noncustodial parent. The court may order the noncustodial parent to pay the costs involved in preparing an update to the financial information. If the noncustodial parent claims, based upon the information in the updated form, that the custodial parent is not spending the child support for the benefit of the children, the court may refer the parties to a mediator to resolve the differences. If there are costs for such mediation, the court shall order that the party requesting the mediation pay such costs. (15) (a) Post-secondary education. [Formerly 14-10-115 (1.5)(c)] This subsection (1.5) (15) shall apply to all child support obligations established or modified as a part of any proceeding, including but not limited to articles 5, 6, and 10 of this title and articles 4 and 6 of title 19, C.R.S., prior to July 1, 1997. This subsection (1.5) (15) shall not apply to child support orders established on or after July 1, 1997, which shall be governed by paragraph (a) of subsection (1.6) (13) of this section. (b) [Formerly 14-10-115 (1.5)(a)] For child support orders entered prior to July 1, 1997, unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates when the child attains nineteen years of age unless one or more of the following conditions exist: (I) The parties agree otherwise in a written stipulation after July 1, 1991; (II) If the child is mentally or physically disabled, the court or the delegate child support enforcement unit may order child support, including payments for medical expenses or insurance or both, to continue beyond the age of nineteen; or (III) If the child is still in high school or an equivalent program, support continues until the end of the month following graduation, unless there is an order for postsecondary education, in which case support continues through postsecondary education as provided in subparagraph (I) of paragraph (b) of this subsection (1.5) (15). A child who ceases to attend high school prior to graduation and later reenrolls is entitled to support upon reenrollment and until the end of the month following graduation, but not beyond age twenty-one. (c) [Formerly 14-10-115 (1.5)(b)(I)] If the court finds that it is appropriate for the parents to contribute to the costs of a program of postsecondary education, then the court shall terminate child support and enter an order requiring both parents to contribute a sum determined to be reasonable for the education expenses of the child, taking into account the resources of each parent and the child. In determining the amount of each parent's contribution to the costs of a program of postsecondary education for a child, the court shall be limited to an amount not to exceed the amount listed under the schedule of basic child support obligations in paragraph (b) of subsection (10) (7) of this section for the number of children receiving postsecondary education. If such an order is entered, the parents shall contribute to the total sum determined by the court in proportion to their adjusted gross incomes as defined in paragraph (a) subsection (3) of this section. The amount of contribution which that each parent is ordered to pay pursuant to this paragraph (b) subsection (15) shall be subtracted from the amount of each parent's gross income, respectively, prior to calculating the basic child support obligation for any remaining children pursuant to subsection (10) (7) of this section. In no case shall the court issue orders providing for both child support and postsecondary education to be paid for the same time period for the same child regardless of the age of the child. Either parent or the child may move for such an order at any time before the child attains the age of twenty-one years. Either a child seeking an order for postsecondary education expenses or on whose behalf postsecondary education expenses are sought, or the parent from whom the payment of postsecondary education expenses are sought, may request that the court order the child and such parent to seek mediation prior to a hearing on the issue of postsecondary education expenses. Mediation services shall be provided in accordance with section 13-22-305, C.R.S. The court may order the parties to seek mediation if the court finds that mediation is appropriate. Postsecondary education includes college and vocational education programs. If such an order is entered, the parents shall contribute to the total sum determined by the court in proportion to their adjusted gross incomes as defined in subparagraph (II) of paragraph (a) of subsection (10) of this section. The order for postsecondary education support may not extend beyond the earlier of the child's twenty-first birthday or the completion of an undergraduate degree. The court may order the support paid directly to the educational institution, to the child, or in such other fashion as is appropriate to support the education of the child. If the child resides in the home of one parent while attending school or during periods of time in excess of thirty days when school is not in session, the court may order payments from one parent to the other for room and board until the child attains the age of nineteen. A child shall not be considered emancipated solely by reason of living away from home while in postsecondary education. (d) [Formerly a part of 14-10-115 (1.5)(b)(I)] In no case shall the court issue orders providing for both child support and postsecondary education to be paid for the same time period for the same child regardless of the age of the child. (e) [Formerly a part of 14-10-115 (1.5)(b)(I)] Either parent or the child may move for an order at any time before the child attains the age of twenty-one years. The order for postsecondary education support may not extend beyond the earlier of the child's twenty-first birthday or the completion of an undergraduate degree. (f) [Formerly a part of 14-10-115 (1.5)(b)(I)] Either a child seeking an order for postsecondary education expenses or on whose behalf postsecondary education expenses are sought, or the parent from whom the payment of postsecondary education expenses are sought, may request that the court order the child and the parent to seek mediation prior to a hearing on the issue of postsecondary education expenses. Mediation services shall be provided in accordance with section 13-22-305, C.R.S. The court may order the parties to seek mediation if the court finds that mediation is appropriate. (g) [Formerly a part of 14-10-115 (1.5)(b)(I)] The court may order the support paid directly to the educational institution, to the child, or in such other fashion as is appropriate to support the education of the child. (h) [Formerly a part of 14-10-115 (1.5)(b)(I)] A child shall not be considered emancipated solely by reason of living away from home while in postsecondary education. If the child resides in the home of one parent while attending school or during periods of time in excess of thirty days when school is not in session, the court may order payments from one parent to the other for room and board until the child attains the age of nineteen. (i) [Formerly 14-10-115 (1.5)(b)(II)] If the court orders support pursuant to subparagraph (I) of this paragraph (b) this subsection (15), the court or delegate child support enforcement unit may also order that the parents provide health insurance for the child or pay medical expenses of the child or both for the duration of such the order. Such The order shall provide that these expenses be paid in proportion to their adjusted gross incomes as defined in subparagraph (II) of paragraph (a) of subsection (10) (3) of this section. The court or delegate child support enforcement unit shall order a parent to provide health insurance if the child is eligible for coverage as a dependent on that parent's insurance policy or if health insurance coverage for the child is available at reasonable cost. (j) [Formerly 14-10-115 (1.5)(c.5)] An order for postsecondary education expenses entered between July 1, 1991, and July 1, 1997, may be modified pursuant to this subsection (1.5) (15) to provide for postsecondary education expenses subject to the statutory provisions for determining the amount of a parent's contribution to the costs of postsecondary education, the limitations on the amount of a parent's contribution, and the changes to the definition of postsecondary education consistent with this section as it existed on July 1, 1994. An order for child support entered prior to July 1, 1997, that does not provide for postsecondary education expenses shall not be modified pursuant to this subsection (1.5) (15). (k) [Formerly 14-10-115 (1.5)(d)] Postsecondary education support may be established or modified in the same manner as child support under this article. (16) Child support commission. (a) [Formerly 14-10-115 (18)(a)] The child support guidelines, including the schedule of basic child support obligations, and general child support issues shall be reviewed and the results of such review and any recommended changes shall be reported to the governor and to the general assembly on or before December 1, 1991, and at least every four years thereafter by a child support commission, which commission is hereby created. (b) As part of its review, the commission must consider economic data on the cost of raising children and analyze case data on the application of, and deviations from, the guidelines and the schedule of basic child support obligations to be used in the commission's review to ensure that deviations from the guidelines and schedule of basic child support obligations are limited. In addition, the commission shall review issues identified in the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, including out-of-wedlock births and the prevention of teen pregnancy. (c) The child support commission shall consist of no more than twenty-one members. The governor shall appoint persons to the commission who are representatives of the judiciary and the Colorado bar association. Members of the commission appointed by the governor shall also include the director of the division in the state department of human services which that is responsible for child support enforcement, or his or her designee, a director of a county department of social services, the child support liaison to the judicial department, interested parties, a certified public accountant, and parent representatives. In making his or her appointments to the commission, the governor shall attempt to appoint persons as parent representatives or as other representatives on the commission who include a male custodial parent, a female custodial parent, a male noncustodial parent, a female noncustodial parent, a joint custodial parent, and a parent in an intact family. In making his or her appointments to the commission, the governor shall attempt to assure geographical diversity by appointing at least one member from each of the congressional districts in the state. The remaining two members of the commission shall be a member of the house of representatives appointed by the speaker of the house of representatives and a member of the senate appointed by the president of the senate and shall not be members of the same political party. (d) Members of the child support commission shall not be compensated for their services on the commission; except that members shall be reimbursed for actual and necessary expenses for travel and mileage incurred in connection with their duties. The child support commission is authorized, subject to appropriation, to incur expenses related to its work, including the costs associated with public hearings, printing, travel, and research. (e) [Formerly 14-10-115 (18)(f)] In reviewing the child support guidelines and the schedule of basic child support obligations as required in paragraph (a) of this subsection (18) (16), the child support commission shall study the following issues: (I) The merits of a statutory time limitation or the application of the doctrine of laches or such other time-limiting provision on the enforcement of support judgments that arise pursuant to the provisions of section 14-10-122; (II) Whether different time limitations on the enforcement of support judgments should apply depending on whether support payments are made directly to an obligee or whether such payments are made through the family support registry; (III) The merits of support judgments arising automatically as provided in section 14-10-122 (1) (c); and (IV) Whether support obligors should receive additional notice and an opportunity for hearing prior to execution on such judgments. SECTION 2. 14-10-114 (2) (b) (IV) (A), Colorado Revised Statutes, is amended to read: 14-10-114. Maintenance. (2) (b) (IV) (A) For purposes of this section, "income" shall have the same meaning as that term is described in section 14-10-115 (7) (3). SECTION 3. 14-10-122 (1) (b), (4), and (5), Colorado Revised Statutes, are amended to read: 14-10-122. Modification and termination of provisions for maintenance, support, and property disposition - automatic lien. (1) (b) Application of the child support guideline guidelines and schedule of basic child support obligations set forth in section 14-10-115 (3) to (16) to the circumstances of the parties at the time of the filing of a motion for modification of the child support order which results in less than a ten percent change in the amount of support due per month shall be deemed not to be a substantial and continuing change of circumstances. (4) Notwithstanding the provisions of subsection (1) of this section, the provisions of any decree respecting child support may be modified as a result of the change in age for the duty of support as provided in section 14-10-115 (1.5) (15), but only as to installments accruing subsequent to the filing of the motion for modification; except that section 14-10-115 (1.5) (a) (15) (b) does not apply to modifications of child support orders with respect to a child who has already achieved the age of nineteen as of July 1, 1991. (5) Notwithstanding the provisions of subsection (1) of this section, when a mutually agreed upon change of physical care occurs, the provisions for child support of the obligor under the existing child support order, if modified pursuant to this section, will be modified as of the date when physical care was changed. When a mutually agreed upon change of physical care occurs, parties are encouraged to avail themselves of the provision set forth in section 14-10-115 (14) (a) for updating and modifying a child support order without a court hearing. that is set forth in section 14-10-115 (3) (b) (II). SECTION 4. 14-14-111.5 (2) (f) (I), Colorado Revised Statutes, is amended to read: 14-14-111.5. Income assignments for child support or maintenance. (2) Notice requirements for income assignments. Notice of income assignments shall be given in accordance with the following provisions based upon the date on which the order sought to be enforced was entered: (f) Orders entered on or after July 1, 1996. (I) Whenever an obligation for child support, maintenance, child support when combined with maintenance, retroactive support, medical support, child support arrears, or child support debt is initially determined, whether temporary or permanent or whether modified, the amount of child support, maintenance, child support when combined with maintenance, retroactive support, medical support, child support arrears, or child support debt shall be ordered by the court or delegate child support enforcement unit to be activated immediately as an income assignment subject to section 13-54-104 (3), C.R.S., from the income, as defined in section 14-10-115 (7) (3), that is due or is to become due in the future from the obligor's employer, employers, or successor employers or other payor of funds, regardless of the source, of the person obligated to pay the child support, maintenance, child support when combined with maintenance, retroactive support, medical support, child support arrears, or child support debt. SECTION 5. 14-14-112 (2) (l), Colorado Revised Statutes, is amended to read: 14-14-112. Deductions for health insurance. (2) Notice of the deduction for health insurance shall be mailed by first-class mail by the obligee or the obligee's representative to the obligor's employer. The notice of the deduction for health insurance shall contain: (l) A statement that the obligor may file an objection to the notice of the deduction for health insurance with the court if the premium amount does not meet the definition of reasonable cost as provided in section 14-10-115 (13.5) (g) (10) (g). A premium amount that results in a child support order of fifty dollars or less or that is twenty percent or more of the obligor's gross income shall not be considered reasonable. SECTION 6. 26-13-121.5 (1) and (5) (e), Colorado Revised Statutes, are amended to read: 26-13-121.5. Enforcement of obligation to maintain health insurance. (1) If a parent has been ordered to provide health insurance, as defined in section 14-14-102 (4.7), C.R.S., and such insurance is available at a reasonable cost consistent with the provisions of section 14-10-115 (13.5) (g) (10) (g), C.R.S., the delegate child support enforcement unit shall use the federally mandated national medical support notice to provide notice of the insurance provision to that parent's employer unless the child or children are already enrolled in a health insurance plan in accordance with the order. (5) (e) Promptly after enrollment, the plan administrator shall notify the obligor that coverage of the child or children is or will become available and the date the coverage takes effect. The obligor may file a written objection with the court after the date of the notice of such enrollment by the plan administrator if the premium amount does not meet the definition of reasonable cost as provided in section 14-10-115 (13.5) (10) (g), C.R.S. Upon any determination by the court which results in a finding in favor of the obligor, the delegate child support enforcement unit shall immediately mail a notice of termination of the national medical support notice to the obligor and to the employer by first-class mail. The termination of the health insurance shall only be prospective and the obligor shall not be entitled to any reimbursement for any premiums withheld or deducted from his or her wage prior to the plan administrator's prompt termination of the deduction for health insurance. SECTION 7. 26-13.5-103 (1) (p), Colorado Revised Statutes, is amended to read: 26-13.5-103. Notice of financial responsibility issued - contents. (1) The delegate child support enforcement unit shall issue a notice of financial responsibility to an obligor who owes a child support debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the delegate child support enforcement unit pursuant to article 13 of this title. The notice shall advise the obligor: (p) That the duty to provide medical support shall be established under this article in accordance with section 14-10-115, (2), C.R.S.; SECTION 8. 26-13.5-105 (6), Colorado Revised Statutes, is amended to read: 26-13.5-105. Negotiation conference - issuance of order of financial responsibility - filing of order with district court. (6) If a parent is unemployed and not incapacitated, the delegate child support enforcement unit may order such parent to pay such support in accordance with a plan approved by the delegate child support enforcement unit or to participate in work activities, as described in section 14-10-115 (7) (b) (I.5) (5) (b) (II), C.R.S., as deemed appropriate by that delegate child support enforcement unit, as a condition of the child support order. SECTION 9. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ____________________________ ____________________________ Joan Fitz-Gerald Andrew Romanoff PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Karen Goldman Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ Bill Ritter, Jr. GOVERNOR OF THE STATE OF COLORADO