(1)At any time after the entry of an
order of financial responsibility or an order of default pursuant to this article 13.5, in
order to add, alter, or delete any provisions to such an order, the delegate child
support enforcement unit may issue a notice of financial responsibility modification
to the obligor and obligee advising the obligor and obligee of the possible
modification of the existing administrative order issued pursuant to this article 13.5.
The delegate child support enforcement unit shall serve the obligor and the obligee
with a notice of financial responsibility modification by first-class mail or by
electronic means if mutually agreed upon. The obligor or the obligee may file a
written request for modification of an administrative order issued pursuant to this
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(1) At any time after the entry of an
order of financial responsibility or an order of default pursuant to this article 13.5, in
order to add, alter, or delete any provisions to such an order, the delegate child
support enforcement unit may issue a notice of financial responsibility modification
to the obligor and obligee advising the obligor and obligee of the possible
modification of the existing administrative order issued pursuant to this article 13.5.
The delegate child support enforcement unit shall serve the obligor and the obligee
with a notice of financial responsibility modification by first-class mail or by
electronic means if mutually agreed upon. The obligor or the obligee may file a
written request for modification of an administrative order issued pursuant to this
article 13.5 with the delegate child support enforcement unit. If the delegate child
support enforcement unit denies the request for modification based upon the
failure to demonstrate a showing of changed circumstances required pursuant to
section 14-10-122, the delegate child support enforcement unit shall advise the
requesting party of the party's right to seek a modification pursuant to section 14-10-122.
(1.2) At any time after entry of an administrative order issued pursuant to this
article, an obligor or obligee may file a written request for review of the order with
the delegate child support enforcement unit. The written request for review shall
include financial information of the requesting party necessary to conduct a
calculation pursuant to the Colorado child support guidelines described in section
14-10-115, C.R.S. The requesting party shall provide his or her financial information
on the form required by the division of child support enforcement. The delegate
child support enforcement unit shall review each request received and grant or
deny the request using the standards described in section 26-13-121 (2)(a) or (2)(b).
(1.3) If there is an active assignment of rights, the delegate child support
enforcement unit shall, once every thirty-six months, review the administrative
order to determine if an adjustment of the administrative order is appropriate.
(1.4) If the request for review is granted or in case of an automatic review
where there is an active assignment of rights, a notice of review shall be issued to
the requesting and nonrequesting parties. In the case of a review in which there is
an active assignment of rights, the obligor and obligee shall be considered
nonrequesters. The notice of review shall advise the obligor and obligee that a
review is to be conducted and provide the nonrequesters twenty days within which
to provide the financial information necessary to calculate the child support
obligation pursuant to the Colorado child support guidelines described in section
14-10-115, C.R.S.
(1.5) (a) The review of the administrative order must be conducted on or
before the thirtieth day after notice of review is sent to the parties. During the
review, the determination of the monthly support obligation must be based on the
child support guidelines set forth in section 14-10-115. The delegate child support
enforcement unit may grant a continuance of the review for good cause. The
continuance must be for a reasonable period of time to be determined by the
delegate child support enforcement unit, not to exceed thirty days.
(b) In order to obtain information necessary to conduct the review, the
delegate child support enforcement unit is authorized, pursuant to sections 26-13.5-103 (1) and 26-13-121 (3)(d), to serve, by first-class mail, hand delivery, or by
electronic means if mutually agreed upon, an administrative subpoena to any
person, corporation, partnership, public employee retirement benefit plan, financial
institution, labor union, or other entity to appear or for the production of records
and financial documents.
(c) An adjustment to the administrative order is appropriate only if the
standard set forth in section 14-10-122 (1)(b) is met.
(1.7) (a) After the review is completed, the delegate child support
enforcement unit shall provide a post-review notice and child support guideline
worksheet advising the obligor and obligee of the review results. If a review
indicates that an adjustment should be made, a notice of financial responsibility
and a proposed order of financial responsibility shall be included. The delegate
child support enforcement unit shall provide all supporting financial documentation
used to calculate the monthly support obligation to both parties. The notice of
financial responsibility shall advise the parties of the right to challenge the post-review notice of the review results, the time frame for challenging the review
results, and the method for asserting the challenge.
(b) The obligor and obligee must be given fifteen days after the date of the
post-review notice to challenge the review results. The grounds for the challenge
are limited to the issue of mathematical or factual error in the calculation of the
monthly support obligation. The delegate child support enforcement unit may grant
an extension of up to fifteen days to challenge the review results based upon a
showing of good cause. Any challenge may be presented at the negotiation
conference scheduled pursuant to section 26-13.5-105 via first-class mail or via an
electronic communication method.
(c) The delegate child support enforcement unit shall have fifteen days from
the date of receipt of the challenge to respond to a challenge based upon a
mathematical or factual error. If a challenge results in a change to the monthly
support obligation, the delegate child support enforcement unit shall provide an
amended notice of review to the obligor and obligee. The parties shall be given
fifteen days from the date of the amended notice of review to challenge the results
of any subsequent review. The grounds for the challenge shall be limited to the
issue of mathematical or factual error in the calculation of the monthly support
obligation.
(1.9) If the review indicates that a change to the monthly support obligation
is appropriate and the review is not challenged or all challenges have been
addressed, the delegate child support enforcement unit shall file the notice of
financial responsibility, the order of financial responsibility accompanied by the
guideline worksheet, and the supporting financial documentation with the court.
(2) A request for modification made pursuant to this section shall not stay
the delegate child support enforcement unit from enforcing and collecting upon
the existing order pending the modification proceeding.
(3) Only payments accruing subsequent to the request for modification may
be modified. Modification shall be based upon the standard set forth in section 14-10-122, C.R.S.