Colorado § 26-13.5-102 Definitions

Colorado Statutes

§ 26-13.5-102 — Definitions

Colorado § 26-13.5-102

Title 26Human

Art.Administrative Procedure

This text of Colorado § 26-13.5-102 (Definitions) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 26-13.5-102 (2026).

Text

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 s

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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.

Legislative History

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.