Colorado § 26-13.5-107 - Orders - duration - effect of court determinations.

§ 26-13.5-107. Orders - duration - effect of court determinations.

(1) A copy of any order of financial responsibility or of any default order or of any temporary order of financial responsibility issued by the delegate child support enforcement unit must be sent by the unit by first-class mail to the APA-petitioner and APA-respondent or the APA-petitioner's or APA-respondent's attorney or licensed legal paraprofessional of record and to the custodian of the child.

(2) Any order of financial responsibility, any default order, and any temporary order of financial responsibility must continue until modified by administrative or court order, even if the child is no longer receiving benefits under the programs listed in section 26-13-102.5 (2)(a), unless the child is emancipated or is otherwise no longer entitled to support. In the event that the order of financial responsibility, default order, or temporary order of financial responsibility is entered in a case at a time when there is a court action on the same case, the court may credit a portion of a monthly amount paid under the administrative process order towards future payments due in the court case only if the order in the court case is established at a lower amount than the administrative process order and only to the extent of the difference between the amount of the court order and the amount of the administrative process order.

(3) Nothing contained in this article 13.5 deprives a court of competent jurisdiction from determining the duty of support of an obligor against whom an administrative order is issued pursuant to this article 13.5. Such a determination by the court supersedes the administrative order as to support payments due subsequent to the entry of the order by the court but does not affect any arrearage which may have accrued under the administrative order.

(4) Any party to an APA order may file a request for relief from an APA judgment or order. The request must be in writing and filed with the court after the APA order becomes effective. The court may not conduct a review of a pending APA order. The review must be pursuant to C.R.C.P. 60.

Source: L. 89: Entire article added, p. 1244, § 1, effective April 1, 1990. L. 92: (1) and (2) amended, p. 217, § 20, effective August 1. L. 2010: (2) amended, (HB 10-1043), ch. 92, p. 317, § 15, effective April 15. L. 2018: Entire section amended, (HB 18-1363), ch. 389, p. 2331, § 9, effective July 1, 2019. L. 2024: (1) amended, (HB 24-1291), ch. 131, p. 474, § 28, effective August 7.