Colorado § 26-13.5-102 - Definitions.

§ 26-13.5-102. Definitions.

As used in this article 13.5, unless the context otherwise requires:

(1) "Administrative order" means an order that establishes paternity, child support, or medical support obligations or modifies the monthly support obligation or medical support provisions of an administrative process action order issued by a delegate child support enforcement unit or an administrative agency of another state or comparable jurisdiction with similar authority. The administrative order may be stipulated, temporary, or by default.

(1.1) "Administrative process action" or "APA" means an administrative action conducted to establish or modify an administrative order pursuant to this article 13.5.

(1.2) "APA-petitioner" means, pursuant to article 13 of this title 26:

(a) The party who has applied for child support services; or

(b) The party who was mandatorily referred for child support services, except in foster care fee cases, in which the delegate child support enforcement unit or the parent may be the petitioner.

(1.3) "APA-respondent" means, pursuant to article 13 of this title 26:

(a) The party who did not apply for child support services; or

(b) The party who was not mandatorily referred for child support services, except in foster care fee cases, in which the parent who was referred may be the respondent.

(2) "Arrears" or "arrearages" means amounts of past-due and unpaid monthly support obligations established by court or administrative order.

(3) "Child support debt" means an amount calculated pursuant to section 14-14-104 or by a delegate child support enforcement unit pursuant to this article 13.5 for unreimbursed public assistance provided to a family that has received or is receiving foster care placement services, aid to families with dependent children, or temporary assistance to needy families.

(4) "Costs of collection" means attorney fees or licensed legal paraprofessional fees, costs for administrative staff time, service of process fees, court costs, costs of genetic tests, and costs for certified mail. Attorney fees, licensed legal paraprofessional fees, and costs for administrative time must only be collected in accordance with federal law and rules and regulations.

(5) "Court" or "judge" means any court or judge in this state having jurisdiction to determine the liability of persons for the support of another person. "Court" or "judge" includes a juvenile magistrate and a district court magistrate.

(5.5) "Currently scheduled negotiation conference" means the conference date and time scheduled in the notice of financial responsibility or the date and time scheduled in the latest notice of continuance, whichever date is later.

(6) "Custodian" means a parent, relative, legal guardian, or other person or agency having physical care of a child.

(7) "Delegate child support enforcement unit" means the unit of a county department of human or social services or its contractual agent that is responsible for carrying out the provisions of article 13 of this title 26. The term contractual agent includes a private child support collection agency, operating as an independent contractor with a county department of human or social services, or a district attorney's office, that contracts to provide any services that the delegate child support enforcement unit is required by law to provide.

(8) "Dependent child" means any person who is legally entitled to or the subject of a court order or administrative order for the provision of proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.

(8.5) "District court" means any district court in this state and includes the juvenile court of the city and county of Denver and the juvenile division of the district court outside of the city and county of Denver.

(9) "Duty of support" means a duty of support imposed by law, by order, decree, or judgment of any court, or by administrative order, whether interlocutory or final or whether incidental to an action for divorce, separation, separate maintenance, or otherwise. "Duty of support" includes the duty to pay a monthly support obligation, a child support debt, any retroactive support due, support of children in foster care, medical support, and any arrearages.

(10) "Monthly support obligation" means the monthly amount of current child support or foster care placement costs that an obligor is ordered to pay by the court or by the delegate child support enforcement unit pursuant to this article 13.5.

(10.5) "Notice of financial responsibility" means the notice described in sections 26-13.5-103 and 26-13.5-105 for an administrative process establishment action and in section 26-13.5-112 for an administrative process modification action.

(11) "Obligee" means any person or agency to whom a duty of support is owed.

(12) "Obligor" means any person owing a duty of support.

(13) "Receipt of notice" means either the date on which service of process of a notice of financial responsibility is actually accomplished or the date on the return receipt if service is by certified mail, or the date the APA-respondent signs a waiver of service of process, in accordance with section 26-13.5-104.

Source: L. 89: Entire article added, p. 1238, § 1, effective April 1, 1990. L. 90: (4) and (7) amended and (8.5) added, p. 896, § 19, effective July 1. L. 91: (5) amended, p. 365, § 39, effective April 9; (9) amended, p. 216, § 5, effective July 1. L. 96: (9) amended, p. 618, § 25, effective July 1. L. 97: (4) amended, p. 563, § 15, effective April 29. L. 2003: (7) amended, p. 1271, § 64, effective July 1. L. 2005: (7) amended, p. 498, § 3, effective August 8. L. 2011: (3) amended, (SB 11-123), ch. 46, p. 121, § 9, effective August 10. L. 2018: IP and (7) amended, (SB 18-092), ch. 38, p. 452, § 137, effective August 8; IP, (1), (3), (6), (8), (10), (11), (12), and (13) amended and (1.1), (1.2), (1.3), (5.5), and (10.5) added, (HB 18-1363), ch. 389, p. 2323, § 4, effective July 1, 2019. L. 2023: (1.2) and (1.3) amended, (SB 23-173), ch. 330, p. 1977, § 12, effective July 1. L. 2024: (4) amended, (HB 24-1291), ch. 131, p. 474, § 26, effective August 7.

Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.