(1) The
delegate child support enforcement unit shall issue a notice of financial
responsibility to the APA-respondent who is the obligee or an obligor who owes a
child support debt or who is responsible for the support of a child or to the
custodian of a child who is receiving support enforcement services from the
delegate child support enforcement unit pursuant to article 13 of this title 26. If the
obligor has applied for child support services, the notice must be served on the
obligee. The notice must advise the APA-respondent:
(a) That the APA-respondent is required to appear on the date and at the
time and location stated in the notice for a negotiation conference, or, if the
negotiation conference is continued, the date and time of the currently scheduled
negotiation conference to establish a child support obligation;
(a.3) That, if the APA-petitioner fails to appear for the currently scheduled
negotiation conference, the delegate child support enforcement unit may proceed
to establish an APA order or take such other action as appropriate under the law;
(a.5) That a party may contest paternity and obtain genetic testing if
paternity of the child has not already been established by court or administrative
order or determined pursuant to the laws of another state and a request for genetic
tests will not prejudice a party in matters concerning allocation of parental
responsibilities pursuant to section 14-10-124 (1.5), and that, if genetic tests are not
obtained prior to the legal establishment of paternity and submitted into evidence
prior to the entry of the final order establishing paternity, the genetic tests may not
be allowed into evidence at a later date;
(b) That the delegate child support enforcement unit shall issue an order of
default setting forth the child support obligations if the APA-respondent:
(I) Fails to appear for the negotiation conference as scheduled in the notice;
and
(II) Fails to reschedule a negotiation conference prior to the date and time of
the currently scheduled negotiation conference; and
(III) Fails to send the delegate child support enforcement unit a written
request for a court hearing prior to the currently scheduled negotiation conference;
(b.5) That, if the notice is issued for the purpose of establishing the paternity
of and financial responsibility for a child, the delegate child support enforcement
unit shall issue an order of default establishing paternity and setting forth the
amount of the obligor's duty of support, if:
(I) The APA-respondent fails to appear for the initial negotiation conference
as scheduled in the notice of financial responsibility and fails to reschedule a
negotiation conference prior to the date and time stated in the notice of financial
responsibility or fails to appear for the currently scheduled negotiation conference;
or
(II) The APA-respondent fails to take a genetic test or fails to appear for an
appointment to take a genetic test without good cause; or
(III) The results of the genetic test indicate a ninety-seven percent or greater
probability that the alleged father is the father of the child, and the APA-respondent fails to appear for the currently scheduled negotiation conference;
(c) (Deleted by amendment, L. 92, p. 213, � 17, effective August 1, 1992.)
(d) That the order of default shall be filed with the clerk of the district court
in the county in which the notice of financial responsibility was issued; that, as soon
as the order of default is filed, it shall have all the force, effect, and remedies of an
order of the court, including, but not limited to, wage assignments issued prior to
July 1, 1996, or income assignments issued thereafter or contempt of court; and that
execution may be issued on the order in the same manner and with the same effect
as if it were an order of the court;
(e) That a judgment may be entered on the order of financial responsibility
issued pursuant to this article, and that if a judgment is not entered on the order of
financial responsibility and needs to be enforced, the judgment creditor shall file
with the court a verified entry of judgment specifying the period of time that the
judgment covers and the total amount of the judgment for that period and that,
notwithstanding the provisions of this paragraph (e), no court order for judgment
nor verified entry of judgment shall be required in order for the county and state
child support enforcement units to certify past-due amounts of child support to the
internal revenue service or state department of revenue for purposes of
intercepting a federal or state tax refund;
(f) The name of the custodian of the child on whose behalf support is being
sought and the name and birth date of such child;
(g) That the amount of the monthly support obligation shall be based upon
the child support guidelines as set forth in section 14-10-115, C.R.S.;
(h) That, in calculating the amount of monthly support obligation pursuant to
the child support guidelines as set forth in section 14-10-115, the delegate child
support enforcement unit shall set the monthly support obligation based upon
reliable information concerning the parents' income, which may include wage
statements or other wage information obtained from the department of labor and
employment, tax records, and verified statements and other information provided
by the parents and that, in the absence of any such information, the delegate child
support enforcement unit shall set the monthly support obligation pursuant to
section 14-10-115 (5)(b.5);
(i) That the delegate child support enforcement unit may issue an
administrative subpoena to obtain income information;
(i.5) That the court or delegate child support enforcement unit may enter an
order directing the obligor to pay for support of the child in an amount determined
by the court or delegate child support enforcement unit to be reasonable under the
circumstances, for a time period prior to the entry of an order establishing paternity
or for a time period prior to the month the child support obligation begins in a
support order established pursuant to section 19-6-104;
(j) The amount of the child support debt accrued and accruing;
(k) The amount of arrears or arrearages which have accrued under an
administrative or a court order for support;
(l) That the costs of collection, as defined in section 26-13.5-102 (4), may be
assessed against and collected from the APA-respondent;
(m) If applicable, that foster care maintenance may be collected against the
obligor;
(n) The interest rate on any support payments which are not made on time;
(o) That the APA-respondent may assert the following objections in the
negotiation conference and that, if such objections are not resolved, the delegate
child support enforcement unit shall schedule a court hearing pursuant to section
26-13.5-105 (3):
(I) That neither the APA-petitioner nor the APA-respondent is the parent of
the dependent child; except that, if parentage has been previously determined by
or pursuant to the law of another state, the APA-petitioner and APA-respondent are
advised that any challenge to the determination of parentage must be resolved in
the state where the determination of parentage was made;
(II) That the dependent child has been adopted by a person other than the
APA-respondent;
(III) That the dependent child is emancipated; or
(IV) That there is an existing court or administrative order of support as to
the monthly support obligation;
(p) That the duty to provide medical support shall be established under this
article in accordance with section 14-10-115, C.R.S.;
(q) That an administrative order issued pursuant to this article may also be
modified under this article;
(r) That the APA-petitioner and APA-respondent are responsible for notifying
the delegate child support enforcement unit of any change of address or
employment within ten days of such change;
(r.5) That the APA-respondent may opt out of the administrative process
action and have all issues decided by a court by delivering to the delegate child
support enforcement unit prior to the date and time of the currently scheduled
negotiation conference a written request for a court hearing;
(s) That, if the APA-petitioner or APA-respondent has any questions, the
APA-petitioner or APA-respondent should telephone, email, or visit the delegate
child support enforcement unit;
(t) That the APA-petitioner or APA-respondent has the right to consult an
attorney or licensed legal paraprofessional and the right to be represented by an
attorney or licensed legal paraprofessional at the negotiation conference; and
(u) Such other information as set forth in rules and regulations promulgated
pursuant to section 26-13.5-113.