SENATE BILL 97115
BY SENATOR Mutzebaugh;
also REPRESENTATIVE George.
CONCERNING ENACTMENT OF AMENDMENTS TO THE "UNIFORM
INTERSTATE FAMILY SUPPORT ACT" AS RECOMMENDED BY THE NATIONAL
CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. The
introductory portion to 145101 and 145101
(6), (7), (16), and (19), Colorado Revised Statutes, 1987 Repl.
Vol., as amended, are amended to read:
145101. Definitions.
As used in this article, unless the
context otherwise requires: IN THIS
ARTICLE:
(6) AIncomewithholding
order@
means an order or other legal process DIRECTED TO AN OBLIGOR'S
EMPLOYER OR OTHER DEBTOR, AS DEFINED BY THE INCOMEWITHHOLDING
LAW OF THIS STATE, to withhold support from the income of the
obligor. directed to an obligor's
employer, employers, or successor employers or other payor of
funds as described in section 1414111.5 relating to
income assignments or relating to immediate deductions for family
support obligations.
(7) "Initiating state" means
a state in
FROM which a proceeding IS FORWARDED OR IN WHICH A PROCEEDING
IS FILED FOR FORWARDING TO A RESPONDING STATE under this article
or a law OR PROCEDURE substantially similar to this article, the
"Uniform Reciprocal Enforcement of Support Act", or
the "Revised Uniform Reciprocal Enforcement of Support Act".
is filed for forwarding to a responding
state.
(16) "Responding state" means
a state to
IN which a proceeding is FILED OR TO WHICH A PROCEEDING IS forwarded
FOR FILING FROM AN INITIATING STATE under this article or a law
OR PROCEDURE substantially similar to this article, the "Uniform
Reciprocal Enforcement of Support Act", or the "Revised
Uniform Reciprocal Enforcement of Support Act".
(19) "State" means a state of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, THE
UNITED STATES VIRGIN ISLANDS, or any territory or insular possession
subject to the jurisdiction of the United States. The term "state"
includes:
(i) An Indian tribe; and includes
(ii) A foreign jurisdiction that has ENACTED
A LAW OR established procedures for issuance and enforcement of
support orders which are substantially similar to the procedures
under this article, THE "UNIFORM RECIPROCAL ENFORCEMENT OF
SUPPORT ACT", OR THE "REVISED UNIFORM RECIPROCAL ENFORCEMENT
OF SUPPORT ACT".
SECTION 2. 145202,
Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended
to read:
145202. Procedure when
exercising jurisdiction over nonresident.
A tribunal of this state exercising personal jurisdiction over
a nonresident under section 145201 may apply section
145316 (Special rules of evidence and procedure) to
receive evidence from another state, and section 145318
(Assistance with discovery) to obtain discovery through a tribunal
of another state. In all other respects, parts 3 to
THROUGH 7 of this article do not apply and the tribunal shall
apply the procedural and substantive law of this state, including
the rules on choice of law other than those established by this
article.
SECTION 3. 145205
(a) (2) and (b), the introductory portion to 145205
(c), and 145205 (d), Colorado Revised Statutes, 1987
Repl. Vol., as amended, are amended to read:
145205. Continuing, exclusive
jurisdiction. (a) A tribunal
of this state issuing a support order consistent with the law
of this state has continuing, exclusive jurisdiction over a child
support order:
(2) Until each
individual party has ALL OF THE PARTIES
WHO ARE INDIVIDUALS HAVE filed written consent
CONSENTS with the tribunal of this state for a tribunal of another
state to modify the order and assume continuing, exclusive jurisdiction.
(b) A tribunal of this state issuing a
child support order consistent with the law of this state may
not exercise its continuing jurisdiction to modify the order if
the order has been modified by a tribunal of another state pursuant
to THIS ARTICLE OR a law substantially similar to this article.
(c) If a child support order of this state
is modified by a tribunal of another state pursuant to THIS ARTICLE
OR a law substantially similar to this article, a tribunal of
this state loses its continuing, exclusive jurisdiction with regard
to prospective enforcement of the order issued in this state,
and may only:
(d) A tribunal of this state shall recognize
the continuing, exclusive jurisdiction of a tribunal of another
state which has issued a child support order pursuant to THIS
ARTICLE OR a law substantially similar to this article.
SECTION 4. 145207,
Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended
to read:
145207. Recognition of
controlling child support order. (a) If
a proceeding is brought under this article, and one or more child
support orders have been issued in this or another state with
regard to an obligor and a child, a tribunal of this state shall
apply the following rules in determining which order to recognize
for purposes of continuing, exclusive jurisdiction:
(1) If only one tribunal has issued
a child support order, the order of that tribunal must be recognized.
(2) If two or more tribunals have
issued child support orders for the same obligor and child, and
only one of the tribunals would have continuing, exclusive jurisdiction
under this article, the order of that tribunal must be recognized.
(3) If two or more tribunals have
issued child support orders for the same obligor and child, and
more than one of the tribunals would have continuing, exclusive
jurisdiction under this article, an order issued by a tribunal
in the current home state of the child must be recognized, but
if an order has not been issued in the current home state of the
child, the order most recently issued must be recognized.
(4) If two or more tribunals have
issued child support orders for the same obligor and child, and
none of the tribunals would have continuing, exclusive jurisdiction
under this article, the tribunal of this state may issue a child
support order, which must be recognized.
(b) The tribunal that has issued
an order recognized under subsection (a) of this section is the
tribunal having continuing, exclusive jurisdiction.
(a) IF A PROCEEDING IS BROUGHT UNDER THIS
ARTICLE AND ONLY ONE TRIBUNAL HAS ISSUED A CHILD SUPPORT ORDER,
THE ORDER OF THAT TRIBUNAL CONTROLS AND MUST BE SO RECOGNIZED.
(b) IF A PROCEEDING IS BROUGHT UNDER THIS
ARTICLE, AND TWO OR MORE CHILD SUPPORT ORDERS HAVE BEEN ISSUED
BY TRIBUNALS OF THIS STATE OR ANOTHER STATE WITH REGARD TO THE
SAME OBLIGOR AND CHILD, A TRIBUNAL OF THIS STATE SHALL APPLY THE
FOLLOWING RULES IN DETERMINING WHICH ORDER TO RECOGNIZE FOR PURPOSES
OF CONTINUING, EXCLUSIVE JURISDICTION:
(1) IF ONLY ONE OF THE TRIBUNALS WOULD
HAVE CONTINUING, EXCLUSIVE JURISDICTION UNDER THIS ARTICLE, THE
ORDER OF THAT TRIBUNAL CONTROLS AND MUST BE SO RECOGNIZED.
(2) IF MORE THAN ONE OF THE TRIBUNALS
WOULD HAVE CONTINUING, EXCLUSIVE JURISDICTION UNDER THIS ARTICLE,
AN ORDER ISSUED BY A TRIBUNAL IN THE CURRENT HOME STATE OF THE
CHILD CONTROLS AND MUST BE SO RECOGNIZED, BUT IF AN ORDER HAS
NOT BEEN ISSUED IN THE CURRENT HOME STATE OF THE CHILD, THE ORDER
MOST RECENTLY ISSUED CONTROLS AND MUST BE SO RECOGNIZED.
(3) IF NONE OF THE TRIBUNALS WOULD HAVE
CONTINUING, EXCLUSIVE JURISDICTION UNDER THIS ARTICLE, THE TRIBUNAL
OF THIS STATE HAVING JURISDICTION OVER THE PARTIES SHALL ISSUE
A CHILD SUPPORT ORDER, WHICH CONTROLS AND MUST BE SO RECOGNIZED.
(c) IF TWO OR MORE CHILD SUPPORT ORDERS
HAVE BEEN ISSUED FOR THE SAME OBLIGOR AND CHILD AND IF THE OBLIGOR
OR THE INDIVIDUAL OBLIGEE RESIDES IN THIS STATE, A PARTY MAY REQUEST
A TRIBUNAL OF THIS STATE TO DETERMINE WHICH ORDER CONTROLS AND
MUST BE SO RECOGNIZED UNDER SUBSECTION (b) OF THIS SECTION. THE
REQUEST MUST BE ACCOMPANIED BY A CERTIFIED COPY OF EVERY SUPPORT
ORDER IN EFFECT. THE REQUESTING PARTY SHALL GIVE NOTICE OF THE
REQUEST TO EACH PARTY WHOSE RIGHTS MAY BE AFFECTED BY THE DETERMINATION.
(d) THE TRIBUNAL THAT ISSUED THE CONTROLLING
ORDER UNDER SUBSECTION (a), (b), OR (c) OF THIS SECTION IS THE
TRIBUNAL THAT HAS CONTINUING, EXCLUSIVE JURISDICTION UNDER SECTION
145205.
(e) A TRIBUNAL OF THIS STATE WHICH DETERMINES
BY ORDER THE IDENTITY OF THE CONTROLLING ORDER UNDER SUBSECTION
(b) (1) OR (2) OF THIS SECTION OR WHICH ISSUES A NEW CONTROLLING
ORDER UNDER SUBSECTION (b) (3) OF THIS SECTION SHALL STATE IN
THAT ORDER THE BASIS UPON WHICH THE TRIBUNAL MADE ITS DETERMINATION.
(f) WITHIN THIRTY DAYS AFTER ISSUANCE
OF AN ORDER DETERMINING THE IDENTITY OF THE CONTROLLING ORDER,
THE PARTY OBTAINING THE ORDER SHALL FILE A CERTIFIED COPY OF IT
WITH EACH TRIBUNAL THAT ISSUED OR REGISTERED AN EARLIER ORDER
OF CHILD SUPPORT. A PARTY WHO OBTAINS THE ORDER AND FAILS TO FILE
A CERTIFIED COPY IS SUBJECT TO APPROPRIATE SANCTIONS BY A TRIBUNAL
IN WHICH THE ISSUE OF FAILURE TO FILE ARISES. THE FAILURE TO FILE
DOES NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE CONTROLLING
ORDER.
SECTION 5. 145301 (b) (1),
Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended
to read:
145301. Proceedings under
this article. (b) This article
provides for the following proceedings:
(1) Establishment of an order for spousal
support or child support pursuant to part 4 of this article; except
that the support enforcement agency shall not be authorized to
establish or modify a spousal support order;
SECTION 6. 145304,
Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended
to read:
145304. Duties of initiating
tribunal. (a) Upon the filing
of a petition authorized by this article, an initiating tribunal
of this state shall forward three copies of the petition and its
accompanying documents:
(1) To the responding tribunal or appropriate
support enforcement agency in the responding state; or
(2) If the identity of the responding
tribunal is unknown, to the state information agency of the responding
state with a request that they be forwarded to the appropriate
tribunal and that receipt be acknowledged.
(b) IF A RESPONDING STATE HAS NOT ENACTED
THIS ARTICLE OR A LAW OR PROCEDURE SUBSTANTIALLY SIMILAR TO THIS
ARTICLE, A TRIBUNAL OF THIS STATE MAY ISSUE A CERTIFICATE OR OTHER
DOCUMENT AND MAKE FINDINGS REQUIRED BY THE LAW OF THE RESPONDING
STATE. IF THE RESPONDING STATE IS A FOREIGN JURISDICTION, THE
TRIBUNAL MAY SPECIFY THE AMOUNT OF SUPPORT SOUGHT AND PROVIDE
OTHER DOCUMENTS NECESSARY TO SATISFY THE REQUIREMENTS OF THE RESPONDING
STATE.
SECTION 7. 145305
(a) and (e), Colorado Revised Statutes, 1987 Repl. Vol., as amended,
are amended to read:
145305. Duties and powers
of responding tribunal. (a) When
a responding tribunal of this state receives a petition or comparable
pleading from an initiating tribunal or directly pursuant to section
145301 (c) (Proceedings under this article), it shall
cause the petition or pleading to be filed and notify the petitioner
by first class mail
where and when it was filed.
(e) If a responding tribunal of this state
issues an order under this article, the tribunal shall send a
copy of the order by first class mail
to the petitioner and the respondent and to the initiating tribunal,
if any.
SECTION 8. 145306,
Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended
to read:
145306. Inappropriate tribunal.
If a petition or comparable pleading is received by an inappropriate
tribunal of this state, it shall forward the pleading and accompanying
documents to an appropriate tribunal in this state or another
state and notify the petitioner by
first class mail where and when the
pleading was sent.
SECTION 9. 145307
(b) (4) and (b) (5), Colorado Revised Statutes, 1987 Repl. Vol.,
as amended, are amended to read:
145307. Duties of support
enforcement agency. (b) A support
enforcement agency that is providing services to the petitioner
as appropriate shall:
(4) Within two days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of a written notice
from an initiating, responding, or registering tribunal, send
a copy of the notice by first class
mail to the petitioner;
(5) Within two days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of a written communication
from the respondent or the respondent's attorney, send a copy
of the communication by first class
mail to the petitioner; and
SECTION 10. 145311
(a), Colorado Revised Statutes, 1987 Repl. Vol., as amended, is
amended to read:
145311. Pleadings and accompanying
documents. (a) A petitioner
seeking to establish or modify a support order or to determine
parentage in a proceeding under this article must verify the petition.
Unless otherwise ordered under section 145312 (Nondisclosure
of information in exceptional circumstances), the petition or
accompanying documents must provide, so far as known, the names,
NAME, residential addresses,
ADDRESS, and social security numbers of the obligor and the obligee,
and the name, sex, residential address, social security number,
and date of birth of each child for whom support is sought. The
petition must be accompanied by a certified copy of any support
order in effect. The petition may include any other information
that may assist in locating or identifying the respondent.
SECTION 11. Part
5 of article 5 of title 14, Colorado Revised Statutes, 1987 Repl.
Vol., as amended, is amended, WITH THE RELOCATION OF PROVISIONS,
to read:
145501. Employer's receipt
of incomewithholding order of another state.
(a) An
incomewithholding order issued in another state may be sent
by first class mail
to the person or entity which is
DEFINED AS the obligor's employer under the incomewithholding
law of this state without first filing a petition or comparable
pleading or registering the order with a tribunal of this state.
Upon receipt of the order, the employer
shall:
(1) Treat an incomewithholding
order issued in another state which appears regular on its face
as if it had been issued by a tribunal of this state;
(2) Immediately provide a copy
of the order to the obligor; and
(3) Distribute the funds as directed
in the withholding order.
(b) An obligor may contest the
validity or enforcement of an incomewithholding order issued
in another state in the same manner as if the order had been issued
by a tribunal of this state. Section 145604 (Choice
of law) applies to the contest. The obligor shall give notice
of the contest to any support enforcement agency providing services
to the obligee and to:
(1) The person or agency designated
to receive payments in the incomewithholding order; or
(2) If no person or agency is
designated, the obligee.
145502. Employer's compliance
with incomewithholding order of another state. [Formerly
145501 (a) (2), (a) (1), and (a) (3)]
(a) UPON RECEIPT OF AN INCOMEWITHHOLDING ORDER,
THE OBLIGOR'S EMPLOYER SHALL IMMEDIATELY PROVIDE A COPY OF THE
ORDER TO THE OBLIGOR.
(b) THE EMPLOYER SHALL TREAT AN INCOMEWITHHOLDING
ORDER ISSUED IN ANOTHER STATE WHICH APPEARS REGULAR ON ITS FACE
AS IF IT HAD BEEN ISSUED BY A TRIBUNAL OF THIS STATE.
(c) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
(d) OF THIS SECTION AND SECTION 145503 THE EMPLOYER
SHALL WITHHOLD AND DISTRIBUTE THE FUNDS AS DIRECTED IN THE WITHHOLDING
ORDER BY COMPLYING WITH TERMS OF THE ORDER WHICH SPECIFY:
(1) THE DURATION AND AMOUNT OF PERIODIC
PAYMENTS OF CURRENT CHILD SUPPORT, STATED AS A SUM CERTAIN;
(2) THE PERSON OR AGENCY DESIGNATED TO
RECEIVE PAYMENTS AND THE ADDRESS TO WHICH THE PAYMENTS ARE TO
BE FORWARDED;
(3) MEDICAL SUPPORT, WHETHER IN THE FORM OF PERIODIC CASH PAYMENT, STATED AS A SUM CERTAIN, OR ORDERING THE OBLIGOR TO PROVIDE HEALTH INSURANCE COVERAGE FOR THE CHILD UNDER A POLICY AVAILABLE THROUGH THE OBLIGOR=S EMPLOYMENT;
(4) THE AMOUNT OF PERIODIC PAYMENTS OF
FEES AND COSTS FOR A SUPPORT ENFORCEMENT AGENCY, THE ISSUING TRIBUNAL,
AND THE OBLIGEE=S
ATTORNEY, STATED AS SUMS CERTAIN; AND
(5) THE AMOUNT OF PERIODIC PAYMENTS OF
ARREARAGES AND INTEREST ON ARREARAGES, STATED AS SUMS CERTAIN.
(d) AN EMPLOYER SHALL COMPLY WITH THE
LAW OF THE STATE OF THE OBLIGOR=S
PRINCIPAL PLACE OF EMPLOYMENT FOR WITHHOLDING FROM INCOME WITH
RESPECT TO:
(1) THE EMPLOYER=S
FEE FOR PROCESSING AN INCOMEWITHHOLDING ORDER;
(2) THE MAXIMUM AMOUNT PERMITTED TO BE
WITHHELD FROM THE OBLIGOR=S
INCOME; AND
(3) THE TIMES WITHIN WHICH THE EMPLOYER
MUST IMPLEMENT THE WITHHOLDING ORDER AND FORWARD THE CHILD SUPPORT
PAYMENT.
145503. Compliance with
multiple incomewithholding orders.
IF AN OBLIGOR=S
EMPLOYER RECEIVES MULTIPLE INCOMEWITHHOLDING ORDERS WITH
RESPECT TO THE EARNINGS OF THE SAME OBLIGOR, THE EMPLOYER SATISFIES
THE TERMS OF THE MULTIPLE ORDERS IF THE EMPLOYER COMPLIES WITH
THE LAW OF THE STATE OF THE OBLIGOR=S
PRINCIPAL PLACE OF EMPLOYMENT TO ESTABLISH THE PRIORITIES FOR
WITHHOLDING AND ALLOCATING INCOME WITHHELD FOR MULTIPLE CHILD
SUPPORT OBLIGEES.
145504. Immunity from civil
liability. AN EMPLOYER WHO COMPLIES WITH
AN INCOMEWITHHOLDING ORDER ISSUED IN ANOTHER STATE IN ACCORDANCE
WITH THIS ARTICLE IS NOT SUBJECT TO CIVIL LIABILITY TO AN INDIVIDUAL
OR AGENCY WITH REGARD TO THE EMPLOYER=S
WITHHOLDING OF CHILD SUPPORT FROM THE OBLIGOR=S
INCOME.
145505. Penalties for noncompliance.
AN EMPLOYER WHO WILLFULLY FAILS TO COMPLY WITH AN INCOMEWITHHOLDING
ORDER ISSUED BY ANOTHER STATE AND RECEIVED FOR ENFORCEMENT IS
SUBJECT TO THE SAME PENALTIES THAT MAY BE IMPOSED FOR NONCOMPLIANCE
WITH AN ORDER ISSUED BY A TRIBUNAL OF THIS STATE.
145506. Contest by obligor.
(a) AN OBLIGOR MAY CONTEST THE VALIDITY OR ENFORCEMENT
OF AN INCOMEWITHHOLDING ORDER ISSUED IN ANOTHER STATE AND
RECEIVED DIRECTLY BY AN EMPLOYER IN THIS STATE IN THE SAME MANNER
AS IF THE ORDER HAD BEEN ISSUED BY A TRIBUNAL OF THIS STATE. SECTION
145604 (CHOICE OF LAW) APPLIES TO THE CONTEST.
(b) THE OBLIGOR SHALL GIVE NOTICE OF THE
CONTEST TO:
(1) A SUPPORT ENFORCEMENT AGENCY PROVIDING
SERVICES TO THE OBLIGEE;
(2) EACH EMPLOYER THAT HAS DIRECTLY RECEIVED
AN INCOMEWITHHOLDING ORDER; AND
(3) THE PERSON OR AGENCY DESIGNATED TO
RECEIVE PAYMENTS IN THE INCOMEWITHHOLDING ORDER OR IF NO
PERSON OR AGENCY IS DESIGNATED, TO THE OBLIGEE.
145507. Administrative
enforcement of orders. [Formerly 145502]
(a) A party seeking to enforce a support order or an
incomewithholding order, or both, issued by a tribunal of
another state may send the documents required for registering
the order to a support enforcement agency of this state.
(b) Upon receipt of the documents, the
support enforcement agency, without initially seeking to register
the order, shall consider and, if appropriate, use any administrative
procedure authorized by the law of this state to enforce a support
order or an incomewithholding order, or both. If the obligor
does not contest administrative enforcement, the order need not
be registered. If the obligor contests the validity or administrative
enforcement of the order, the support enforcement agency shall
register the order pursuant to this article.
SECTION 12. 145605
(a) and (b) (2), Colorado Revised Statutes, 1987 Repl. Vol., as
amended, are amended to read:
145605. Notice of registration
of order. (a) When a support
order or incomewithholding order issued in another state
is registered, the registering tribunal shall notify the nonregistering
party. Notice must be given by first
class, certified, or registered mail or by any means of personal
service authorized by the law of this state.
The notice must be accompanied by a copy of the registered order
and the documents and relevant information accompanying the order.
(b) The notice must inform the nonregistering
party:
(2) That a hearing to contest the validity
or enforcement of the registered order must be requested within
twenty days after the date of mailing
or personal service of the notice;
SECTION 13. 145606
(a) and (c), Colorado Revised Statutes, 1987 Repl. Vol., as amended,
are amended to read:
145606. Procedure to contest
validity or enforcement of registered order.
(a) A nonregistering party seeking to contest the validity
or enforcement of a registered order in this state shall request
a hearing within twenty days after the
date of mailing or personal service of
notice of the registration. The nonregistering party may seek
to vacate the registration, to assert any defense to an allegation
of noncompliance with the registered order, or to contest the
remedies being sought or the amount of any alleged arrearages
pursuant to section 145607 (Contest of registration
or enforcement).
(c) If a nonregistering party requests
a hearing to contest the validity or enforcement of the registered
order, the registering tribunal shall schedule the matter for
hearing and give notice to the parties by
first class mail of the date, time,
and place of the hearing.
SECTION 14. 145611,
Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended
to read:
145611. Modification of
child support order of another state.
(a) After a child support order issued in another state
has been registered in this state, the responding tribunal of
this state may modify that order only if SECTION 145613
DOES NOT APPLY AND after notice and hearing it finds that:
(1) The following requirements are met:
(i) The child, the individual obligee,
and the obligor do not reside in the issuing state;
(ii) A petitioner who is a nonresident
of this state seeks modification; and
(iii) The respondent is subject to the
personal jurisdiction of the tribunal of this state; or
(2) An individual
party or The child, OR A PARTY WHO
IS AN INDIVIDUAL, is subject to the personal jurisdiction of the
tribunal OF THIS STATE and all of the individual
parties WHO ARE INDIVIDUALS have filed a
written consent
CONSENTS in the issuing tribunal providing
that FOR a tribunal of this state
may TO
modify the support order and assume continuing, exclusive jurisdiction
over the order. HOWEVER, IF THE ISSUING STATE IS A FOREIGN JURISDICTION
THAT HAS NOT ENACTED A LAW OR ESTABLISHED PROCEDURES SUBSTANTIALLY
SIMILAR TO THE PROCEDURES UNDER THIS ARTICLE, THE CONSENT OTHERWISE
REQUIRED OF AN INDIVIDUAL RESIDING IN THIS STATE IS NOT REQUIRED
FOR THE TRIBUNAL TO ASSUME JURISDICTION TO MODIFY THE CHILD SUPPORT
ORDER.
(b) Modification of a registered child
support order is subject to the same requirements, procedures,
and defenses that apply to the modification of an order issued
by a tribunal of this state and the order may be enforced and
satisfied in the same manner.
(c) A tribunal of this state may not modify
any aspect of a child support order that may not be modified under
the law of the issuing state. IF TWO OR MORE TRIBUNALS HAVE ISSUED
CHILD SUPPORT ORDERS FOR THE SAME OBLIGOR AND CHILD, THE ORDER
THAT CONTROLS AND MUST BE SO RECOGNIZED UNDER SECTION 145207
ESTABLISHES THE ASPECTS OF THE SUPPORT ORDER WHICH ARE NONMODIFIABLE.
(d) On issuance of an order modifying
a child support order issued in another state, a tribunal of this
state becomes the tribunal of
HAVING continuing, exclusive jurisdiction.
(e) Within thirty days after issuance
of a modified child support order, the party obtaining the modification
shall file a certified copy of the order with the issuing tribunal
which had continuing, exclusive jurisdiction over the earlier
order, and in each tribunal in which the party knows that earlier
order has been registered.
SECTION 15. Part
6 of article 5 of title 14, Colorado Revised Statutes, 1987 Repl.
Vol., as amended, is amended BY THE ADDITION OF THE FOLLOWING
NEW SECTIONS to read:
145613. Jurisdiction to modify child support order of another state when individual parties reside in this state. (a) IF ALL OF THE PARTIES WHO ARE INDIVIDUALS RESIDE IN THIS STATE AND THE CHILD DOES NOT RESIDE IN THE ISSUING STATE, A TRIBUNAL OF THIS STATE HAS JURISDICTION TO ENFORCE AND TO MODIFY THE ISSUING STATE=S CHILD SUPPORT ORDER IN A PROCEEDING TO REGISTER THAT ORDER.
(b) A TRIBUNAL OF THIS STATE EXERCISING
JURISDICTION UNDER THIS SECTION SHALL APPLY THE PROVISIONS OF
PARTS 1 AND 2 OF THIS ARTICLE, THIS PART 6, AND THE PROCEDURAL
AND SUBSTANTIVE LAW OF THIS STATE TO THE PROCEEDING FOR ENFORCEMENT
OR MODIFICATION. PARTS 3, 4, 5, 7, AND 8 OF THIS ARTICLE DO NOT
APPLY.
145614. Notice to issuing
tribunal of modification. WITHIN THIRTY
DAYS AFTER ISSUANCE OF A MODIFIED CHILD SUPPORT ORDER, THE PARTY
OBTAINING THE MODIFICATION SHALL FILE A CERTIFIED COPY OF THE
ORDER WITH THE ISSUING TRIBUNAL THAT HAD CONTINUING, EXCLUSIVE
JURISDICTION OVER THE EARLIER ORDER, AND IN EACH TRIBUNAL IN WHICH
THE PARTY KNOWS THE EARLIER ORDER HAS BEEN REGISTERED. A PARTY
WHO OBTAINS THE ORDER AND FAILS TO FILE A CERTIFIED COPY IS SUBJECT
TO APPROPRIATE SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF FAILURE
TO FILE ARISES. THE FAILURE TO FILE DOES NOT AFFECT THE VALIDITY
OR ENFORCEABILITY OF THE MODIFIED ORDER OF THE NEW TRIBUNAL HAVING
CONTINUING, EXCLUSIVE JURISDICTION.
SECTION 16. 145701
(a), Colorado Revised Statutes, 1987 Repl. Vol., as amended, is
amended to read:
145701. Proceeding to determine
parentage. (a) A tribunal of
this state may serve as an initiating or responding tribunal in
a proceeding brought under this article or a law OR PROCEDURE
substantially similar to this article, the "Uniform Reciprocal
Enforcement of Support Act", or the "Revised Uniform
Reciprocal Enforcement of Support Act" to determine that
the petitioner is a parent of a particular child or to determine
that a respondent is a parent of that child.
SECTION 17. Effective date
applicability. This act shall take effect
July 1, 1997, and shall apply to orders entered on or after said
date.
SECTION 18. 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