SENATE BILL 97114
BY SENATORS Wells, Mutzebaugh, Powers, and Weddig;
also REPRESENTATIVES Kaufman and McPherson.
CONCERNING CHILD SUPPORT OBLIGATIONS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 872107
(1), Colorado Revised Statutes, 1986 Repl. Vol., is amended to
read:
872107. Records and reports
fee violation penalty.
(1) Each employing unit shall keep true and accurate
work records, containing such information as the division may
prescribe. Such records shall be retained for a period of not
less than five years and shall be open to inspection and be subject
to being copied by the division or its authorized representatives
at any reasonable time and as often as may be necessary. The division
or any referee may require from any employing unit any sworn or
unsworn reports, with respect to persons employed by it, which
it or he
THE REFEREE deems necessary for the effective administration of
articles 70 to 82 of this title. Information thus obtained, or
obtained from any individual pursuant to the administration of
articles 70 to 82 of this title, except to the extent necessary
for the proper presentation of a claim, or withholding tax account
numbers if such numbers are obtained from the department of revenue
pursuant to section 3921113, C.R.S., shall be held
confidential and shall not be published or be open to public inspection
(other than to public employees in the performance of their public
duties, TO AN AGENT OF A STATE OR LOCAL CHILD SUPPORT ENFORCEMENT
AGENCY PURSUANT TO SECTION 872109 (9),or to an agent
of the division designated as such in writing for the purpose
of accomplishing certain of the division's functions) in any manner
revealing the individual's or employing unit's identity. Any interested
party or his
SUCH PARTY'S authorized representative, in preparation for and
prior to any hearing on a claim governed by articles 70 to 82
of this title, shall be entitled to examine and, upon the payment
of a reasonable fee to the division, obtain a copy of any materials
contained in such records to the extent necessary for proper presentation
of his
THE PARTY'S position at the hearing. Notwithstanding said provisions
of this subsection (1), any applicant for work shall be entitled
to examine and copy, or obtain a copy from the division upon payment
of the costs of duplication, any letters of reference or other
similar documents pertaining to the applicant which are in possession
of the division. Any employee or member of the division or any
referee who violates any provision of this article is guilty of
a misdemeanor and, upon conviction thereof, shall be punished
by a fine of not less than twenty dollars nor more than two hundred
dollars, or by imprisonment in the county jail for not more than
ninety days, or by both such fine and imprisonment.
SECTION 2. 872109,
Colorado Revised Statutes, 1986 Repl. Vol., is amended BY THE
ADDITION OF A NEW SUBSECTION to read:
872109. Statefederal
cooperation. (9) (a) INFORMATION
OBTAINED BY A STATE OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY
PURSUANT TO SUBSECTION (8) OF THIS SECTION MAY BE USED ONLY FOR
THE PURPOSES AUTHORIZED BY SAID SUBSECTION (8) AND MAY NOT BE
DISCLOSED BY SUCH AGENCY TO ANY PERSON OR ENTITY FOR THE PURPOSES
OF ESTABLISHING, MODIFYING, OR COLLECTING CHILD SUPPORT OBLIGATIONS
OR LOCATING INDIVIDUALS OWING SUCH OBLIGATIONS UNLESS SAFEGUARDS
FOR THE CONFIDENTIALITY OF SUCH INFORMATION, CONSISTENT WITH SECTION
303 (e) (1) (B) OF THE FEDERAL "SOCIAL SECURITY ACT",
AS AMENDED, ARE ESTABLISHED BY AGREEMENT. NEITHER THE DIVISION
NOR ITS EMPLOYEES SHALL BE LIABLE IN CIVIL ACTION FOR PROVIDING
INFORMATION IN ACCORDANCE WITH SUBSECTION (8) OF THIS SECTION.
(b) THE LIMITATIONS ON DISCLOSURE OF INFORMATION
OBTAINED PURSUANT TO SUBSECTION (8) OF THIS SECTION SET FORTH
IN PARAGRAPH (a) OF THIS SUBSECTION (9) SHALL APPLY TO ANY AGENT
OF A STATE OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY SPECIFIED
IN SECTION 872107 (1).
SECTION 3. 1325131
(2) (b), Colorado Revised Statutes, 1987 Repl. Vol., as amended,
is amended to read:
1325131. Civil actions
sexual assault certain evidence presumed irrelevant.
(2) Subsection (1) of this section notwithstanding,
in any of the civil actions described in such subsection (1),
evidence of the following shall be presumed to be relevant:
(b) Evidence of specific instances of
sexual activity showing the source or origin of semen, pregnancy,
disease, or any similar evidence of sexual intercourse, including,
but not limited to, a blood test
GENETIC TESTING pursuant to section 1325126, offered
for the purpose of showing that the act or acts alleged were or
were not committed by the defendant in such civil action.
SECTION 4. 146109
(1), Colorado Revised Statutes, 1987 Repl. Vol., as amended, is
amended to read:
146109. Forfeiture of bond
disposition of fines. (1) In
accordance with the laws of this state, bond shall be set by the
court. Pursuant to subsection (2) of this section, where the defendant
has been released upon deposit of cash, stocks, or bonds, or upon
surety bond secured by property, if the defendant fails to appear
in accordance with the primary condition of the bond, the court
shall declare a forfeiture. Notice of the order of forfeiture
shall be mailed immediately by the court to the defendant and
sureties, if any, at last known address. If the defendant does
not appear and surrender to the court having jurisdiction within
thirty days from the date of the forfeiture, or within that period
satisfy the court that appearance and surrender by the defendant
is impossible and without his
THE DEFENDANT'S fault, the court shall enter judgment against
the defendant AND THE SURETIES, IF ANY, for the amount of the
bail and costs of the court proceedings.
SECTION 5. 1410115
(5) and (17), Colorado Revised Statutes, 1987 Repl. Vol., as amended,
are amended to read:
1410115. Child support
guidelines schedule of basic child support obligations.
(5) The child support guideline shall be used with
standardized child support guideline forms to be issued by the
supreme court, on or
before November 1, 1986,
which FORMS shall be periodically updated when necessary.
(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., whether
filed on, prior to, or subsequent to July 10, 1987
REGARDLESS OF WHEN FILED.
SECTION 6. 1410122
(1) (c), Colorado Revised Statutes, 1987 Repl. Vol., as amended,
is amended to read:
1410122. Modification and
termination of provisions for maintenance, support, and property
disposition. (1) (c) In
any action or proceeding in any court of this state in which child
support, maintenance when combined with child support, or maintenance
is ordered, a payment becomes a final money judgment, REFERRED
TO IN THIS SECTION AS A SUPPORT JUDGMENT, when it is due and not
paid. Such payment shall not be retroactively modified except
pursuant to paragraph (a) of this subsection (1) and may be enforced
as other judgments without further action by the court. A support
judgment is entitled to full faith and credit and may be enforced
in any court of this state or any other state. In order to enforce
a SUPPORT judgment, the judgment
OBLIGEE creditor
shall file with the court that issued the order a verified entry
of SUPPORT judgment specifying the period of time that the SUPPORT
judgment covers and the total amount of the SUPPORT judgment for
that period. THE OBLIGEE OR THE DELEGATE CHILD SUPPORT ENFORCEMENT
UNIT SHALL NOT BE REQUIRED TO WAIT FIFTEEN DAYS TO EXECUTE ON
SUCH SUPPORT JUDGMENT. A verified entry of SUPPORT judgment is
not required to be signed by an attorney. A verified entry of
SUPPORT judgment may be used to enforce a SUPPORT judgment for
debt entered pursuant to section 1414104. THE FILING
OF A VERIFIED ENTRY OF SUPPORT JUDGMENT SHALL REVIVE ALL INDIVIDUAL
SUPPORT JUDGMENTS THAT HAVE ARISEN DURING THE PERIOD OF TIME SPECIFIED
IN THE ENTRY OF SUPPORT JUDGMENT AND WHICH HAVE NOT BEEN SATISFIED,
PURSUANT TO RULE 54 (h) OF THE COLORADO RULES OF CIVIL PROCEDURE,
WITHOUT THE REQUIREMENT OF A SEPARATE MOTION, NOTICE, OR HEARING.
Notwithstanding the provisions of this paragraph (c), no court
order for SUPPORT judgment nor verified entry of SUPPORT judgment
shall be required in order for the county and state child support
enforcement units to certify pastdue amounts of child support
to the internal revenue service or to the department of revenue
for purposes of intercepting a federal or state tax refund or
lottery winnings.
SECTION 7. 1414102, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
1414102. Definitions.
As used in this article, unless the context otherwise requires:
(4.3) "EMPLOYER", FOR PURPOSES
OF INCOME ASSIGNMENTS PURSUANT TO SECTION 1414111.5
AND FOR PURPOSES OF INCOME WITHHOLDING PURSUANT TO SECTION 145501,
INCLUDES ANY PERSON, COMPANY, CORPORATION, THE COLORADO COMPENSATION
INSURANCE AUTHORITY, OR INSURANCE CARRIER PAYING AMOUNTS AS TEMPORARY
TOTAL DISABILITY OR TEMPORARY PARTIAL DISABILITY WORKERS=
COMPENSATION BENEFITS, PURSUANT TO SECTION 842105,
C.R.S., OR SECTION 842106, C.R.S., RESPECTIVELY.
SECTION 8. 1414110
(4), Colorado Revised Statutes, 1987 Repl. Vol., as amended, is
amended to read:
1414110. Contempt of court.
(4) Pursuant to subsection (3) of this section, where
the obligor has been released upon deposit of cash, stocks, or
bonds, or upon surety bond secured by property, if the obligor
fails to appear in accordance with the primary condition of the
bond, the court shall declare a forfeiture. Notice of the order
of forfeiture shall be mailed immediately by the court to the
obligor and sureties, if any, at the lastknown address.
If the obligor does not appear and surrender to the court having
jurisdiction within thirty days after the date of the forfeiture,
or within that period satisfy the court that appearance and surrender
by the obligor is impossible and without the obligor's fault,
the court shall enter judgment against the obligor AND THE SURETIES,
IF ANY, for the amount of the bail and costs of the court proceedings.
SECTION 9. 194113
(1) (c), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
194113. Evidence relating to paternity.
(1) Evidence relating to paternity may include:
(c) Blood
GENETIC test results, weighted in accordance with evidence, if
available, of the statistical probability of the alleged father's
paternity;
SECTION 10. 194114
(3), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
194114. Pretrial recommendations.
(3) If a party refuses to accept a recommendation made
under subsection (1) of this section and blood
GENETIC tests have not been taken, the court shall require the
parties to submit to blood
GENETIC tests, if practicable. Thereafter, the judge or magistrate
shall make an appropriate final recommendation. If a party refuses
to accept the final recommendation, the action shall be set for
trial.
SECTION 11. 194117,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
194117. Costs.
The court shall order reasonable fees of counsel, experts, and
the child's guardian ad litem and other costs of the action and
pretrial proceedings, including blood
GENETIC tests, to be paid by the parties in proportions and at
times determined by the court. In any action brought pursuant
to article 13 or 13.5 of title 26, C.R.S., the final costs of
any genetic tests or other tests of inherited characteristics
shall be assessed against the nonprevailing party on the parentage
issue.
SECTION 12. 2613106
(3), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is
amended to read:
2613106. Eligibility for services.
(3) The county department may recover any costs incurred
in excess of fees from either
the obligor or obligee
in a case in which an individual is receiving child support enforcement
services under subsection (2) of this section.
SECTION 13. 2613107,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
2613107. State parent locator
service. (5) THIS SECTION SHALL
APPLY TO ALL CHILD SUPPORT OBLIGATIONS ORDERED AS A PART OF ANY
PROCEEDING, REGARDLESS OF WHEN THE ORDER WAS ENTERED.
SECTION 14. 2613122,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
2613122. Administrative
lien and attachment. (6) SUBSECTIONS
(2) AND (3) OF THIS SECTION SHALL APPLY TO ALL CHILD SUPPORT OBLIGATIONS
ORDERED AS PART OF ANY PROCEEDING, REGARDLESS OF WHEN THE ORDER
WAS ENTERED, AND ALL SUCH CHILD SUPPORT OBLIGORS SHALL BE SUBJECT
TO NOTICE OF ADMINISTRATIVE LIEN AND ATTACHMENT AS DESCRIBED IN
SUBSECTIONS (2) AND (3) OF THIS SECTION.
SECTION 15. 2613.5102
(4), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is
amended to read:
2613.5102. Definitions.
As used in this article, unless the context otherwise requires:
(4) "Costs of collection" means
attorney fees, costs for administrative staff time, service of
process fees, court costs, costs of blood
GENETIC tests, and costs for certified mail. Attorney fees and
costs for administrative time shall only be collected in accordance
with federal law and rules and regulations.
SECTION 16. 2613.5103
(1) (b.5) (II) and (1) (b.5) (III), Colorado Revised Statutes,
1989 Repl. Vol., as amended, are amended to read:
2613.5103. 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:
(b.5) That, if the notice is issued for
the purpose of establishing the paternity of and financial responsibility
for a child, the delegate child support enforcement unit shall
issue an order of default establishing paternity and setting forth
the amount of the obligor's duty of support, if:
(II) The obligor fails to take a blood
GENETIC test or fails to appear for an appointment to take a blood
GENETIC test without good cause; or
(III) The results of the blood
GENETIC test indicate a ninetyseven percent or greater probability
that the alleged father is the father of the child, and the obligor
fails to appear for the negotiation conference as scheduled in
the notice and fails to reschedule a negotiation conference prior
to the date and time stated in the notice;
SECTION 17. 2613.5106
(1) (b) (II), (1) (b) (III), and (2), Colorado Revised Statutes,
1989 Repl. Vol., as amended, are amended to read:
2613.5106. Default
issuance of order of default filing of order with district
court. (1) (b) In an action
to establish paternity and financial responsibility, the delegate
child support enforcement unit shall issue an order of default
establishing paternity and financial responsibility in accordance
with the notice of financial responsibility if:
(II) The obligor fails to take a blood
GENETIC test or fails to appear for an appointment to take a blood
GENETIC test without good cause; or
(III) The results of the blood
GENETIC test indicate a ninetyseven percent or greater probability
that the alleged father is the father of the child, and the obligor
fails to appear for the 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.
(2) A copy of any order of default issued
pursuant to subsection (1) of this section, along with proof of
service, and, in the case of a default order establishing paternity
and financial responsibility under paragraph (b) of subsection
(1) of this section, the obligee's verified affidavit regarding
paternity and the blood
GENETIC test results, if any, shall be filed 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. The clerk shall stamp the
date of receipt of the copy of the order of default and shall
assign the order a case number. The order of default shall have
all the force, effect, and remedies of an order of the court,
including, but not limited to, wage assignments issued prior to
July 1, 1996, or income assignments issued thereafter or contempt
of court. Execution may be issued on the order in the same manner
and with the same effect as if it were an order of the court.
In order to enforce a judgment based on an order issued pursuant
to this article, the judgment creditor shall file with the court
a verified entry of judgment specifying the period of time that
the judgment covers and the total amount of the judgment for that
period. Notwithstanding the provisions of this subsection (2),
no court order for judgment nor verified entry of judgment shall
be required in order for the county and state child support enforcement
units to certify pastdue amounts of child support to the
internal revenue service or state department of revenue for purposes
of intercepting a federal or state tax refund.
SECTION 18. 2613.5110
(2), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is
amended to read:
2613.5110. Paternity
establishment filing of order with court.
(2) A copy of the order establishing paternity and
financial responsibility and the sworn statements of the parents
and, in the case of a default order establishing paternity and
financial responsibility, the obligee's verified affidavit regarding
paternity and the blood
GENETIC test results, if any, shall be filed with the clerk of
the district court in the county in which the notice of financial
responsibility was issued or as otherwise provided in accordance
with the provisions of section 2613.5105 (2). The
order establishing paternity and financial responsibility shall
have all the force, effect, and remedies of an order of the district
court, and the order may be executed upon and enforced in the
same manner as set forth in section 2613.5105 (2).
SECTION 19. 301103
(3), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
301103. Fees of county clerk and recorders.
(3) County governments shall be exempt from all fees
authorized to be collected under the provisions of this section
whenever the county or any agency thereof is the grantor or grantee
of the document being recorded OR WHENEVER A DELEGATE CHILD SUPPORT
ENFORCEMENT UNIT FILES OR RECORDS DOCUMENTS FOR THE PURPOSE OF
COLLECTING CHILD SUPPORT, CHILD SUPPORT ARREARS, MAINTENANCE,
MAINTENANCE WHEN COMBINED WITH CHILD SUPPORT, RETROACTIVE SUPPORT,
OR CHILD SUPPORT DEBT.
SECTION 20. 1410115
(1.5), Colorado Revised Statutes, 1987 Repl. Vol., as amended,
is amended, and the said 1410115 is further amended
BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
1410115. Child support
guidelines schedule of basic child support obligations.
(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.
(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). 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 twentyone.
(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) of this section for the number
of children receiving postsecondary education. The amount of contribution
which each parent is ordered to pay pursuant to this paragraph
(b) 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)
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 twentyone
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 1322305, 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 twentyfirst
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.
(II) If the court orders support pursuant
to subparagraph (I) of this paragraph (b), 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 order. Such 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) 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.
(c) This subsection (1.5) 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.,
whether filed on,
prior to or subsequent to
July 1, 1991;
1997. except that paragraph (a) of
this subsection (1.5) does not apply to modifications of child
support obligations with respect to a child whose nineteenth birthday
falls before July 1, 1991. THIS SUBSECTION
(1.5) SHALL NOT APPLY TO CHILD SUPPORT ORDERS ESTABLISHED ON OR
AFTER JULY 1, 1997, WHICH SHALL BE GOVERNED BY SUBSECTION (1.6)
OF THIS SECTION.
(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) 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).
(d) Postsecondary education support may
be established or modified in the same manner as child support
under this article.
(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.
(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
WHEN THE CHILD ATTAINS NINETEEN YEARS OF AGE UNLESS ONE OR MORE
OF THE FOLLOWING CONDITIONS EXIST:
(a) THE PARTIES AGREE OTHERWISE IN A WRITTEN
STIPULATION AFTER JULY 1, 1997.
(b) 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) 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 TWENTYONE.
(1.7) NOTHING IN SUBSECTION (1.5) OR (1.6)
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 EXPENSES. IF SUCH 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
AGREEMENT SHALL BE ENFORCED AS PROVIDED IN SECTION 1410112.
SECTION 21. Effective date
applicability. (1) Sections
14, 15, 21, and 22 of this act shall take effect upon passage.
(2) Section 6 of this act shall take effect
July 1, 1997, and shall apply to orders entered on or after said
date.
(3) Sections 1 through 5, sections 7 through
13, and sections 16 through 19 of this act shall take effect July
1, 1997, and shall apply to orders entered on, before, or after
said date.
(4) Section 20 of this act shall take
effect July 1, 1997.
SECTION 22. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO