Colorado § 14-5-609 - Procedure to register child support order of another state for modification.

§ 14-5-609. Procedure to register child support order of another state for modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in sections 14-5-601 through 14-5-608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

Source: L. 93: Entire article R&RE, p. 1599, § 1, effective January 1, 1995. L. 2003: Entire section amended, p. 1260, § 38, effective July 1, 2004. L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 559, § 31, effective July 1.

Editor's note: This section is similar to former § 14-5-110 as it existed prior to 1993.

COMMENT

Sections 609 through 614 deal with situations in which it is permissible for a registering state to modify the existing child-support order of another state. The first step for modification of another state's child-support order is registration in the responding tribunal under Sections 601 to 604. In some situations, this may also involve identification of the controlling order. A petitioner wishing to register a support order of another state for purposes of modification must conform to the general requirements for pleadings in Section 311, and follow the procedure for registration set forth in Section 602. If the tribunal has the requisite personal jurisdiction over the parties and may assume subject matter jurisdiction as provided in Sections 611 or 613, modification may be sought independently, in conjunction with registration and enforcement, or at a later date after the order has been registered and enforced if circumstances have changed.

ANNOTATION

Annotator's note. Since § 14-5-609 is similar to § 14-5-110 as it existed prior to the 1993 repeal and reenactment of this article, relevant cases construing that provision have been included in the annotations to this section.

Full faith and credit must be given to another state's final order for arrearages entered under RURESA, § 14-5-101 et seq. In re Sabala, 802 P.2d 1163 (Colo. App. 1990).

The doctrine of equitable estoppel may properly be applied to afford relief from accrued arrearages in child support if the party asserting the claim demonstrates reasonable reliance, to the party's detriment, upon the acts or representations of the other person, and lack of knowledge or convenient means of knowing the facts. In re Dennin and Lohf, 811 P.2d 449 (Colo. App. 1991).