Colorado Revised Statutes 2023
TITLE 14
DOMESTIC MATTERS
Cross references: For the "Colorado Children's Code", see title 19.
ADOPTION - ADULTS
ARTICLE 1
Adoption of Adults
14-1-101. Adoption of adults. (1) Any person desiring to adopt an adult as heir at law
shall file his petition therefor in the juvenile court of the county of his residence or the county of
the residence of the person sought to be adopted, and thereupon summons shall issue the same as
provided in the Colorado rules of civil procedure and be served on the person sought to be
adopted. Such person shall file in the court a written answer to the petition within the time
required by the summons and shall either consent to such adoption or deny or disclaim all desire
to be adopted by such person.
(2) Upon the filing, by the person sought to be adopted, of a disclaimer of all desire to
become the heir at law of the petitioner, the petition shall be dismissed by the court, but upon the
filing of a consent to such adoption, whether by the person sought to be adopted or by a legally
qualified conservator or other representative if such person is non compos mentis at the time, the
prayer of the petition shall be granted, and a decree of adoption shall be rendered and entered by
the court declaring such person the heir at law of the petitioner and entitled to inherit from the
petitioner any property in all respects as if such adopted person had been the petitioner's child
born in lawful wedlock, and such decree may or may not change the name of such adopted
person, as the court rendering the decree may deem advisable; and such decree or a certified
copy thereof may be used as primary evidence in any court establishing the status of the person
so adopted.
(3) Any action for adoption pursuant to this section shall follow the same procedure
insofar as practicable as provided in part 2 of article 5 of title 19, C.R.S., concerning the
adoption of children.
Source: L. 67: p. 1055, § 1. C.R.S. 1963: § 4-2-1. L. 87: (3) amended, p. 815, § 14,
effective October 1.
MARRIAGE AND RIGHTS OF MARRIED PERSONS
ARTICLE 2
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Marriage and Rights
of Married Persons
PART 1
UNIFORM MARRIAGE ACT
Editor's note: (1) This part 1 was numbered as article 1 of chapter 90, C.R.S. 1963. The
provisions of this part 1 were repealed and reenacted in 1973, resulting in the addition,
relocation, and elimination of sections as well as subject matter. For amendments to this part 1
prior to 1973, consult the Colorado statutory research explanatory note beginning on page vii in
the front of this volume.
(2) In In re Hogsett, 2021 CO 1, 478 P.3d 713, the Colorado supreme court held that a
common law marriage may be established by the mutual consent or agreement of the couple to
enter the legal and social institution of marriage, followed by conduct manifesting that mutual
agreement.
Annotator's note: For the test for proving a common law marriage, see In re Hogsett,
2021 CO 1, 478 P.3d 713.
14-2-101. Short title. This part 1 shall be known and may be cited as the "Uniform
Marriage Act".
Source: L. 73: R&RE, p. 1016, § 1. C.R.S. 1963: § 90-1-1.
14-2-102. Purposes - rules of construction. (1) This part 1 shall be liberally construed
and applied to promote its underlying purposes.
(2) Its underlying purposes are:
(a) To strengthen and preserve the integrity of marriage and to safeguard meaningful
family relationships;
(b) To provide adequate procedures for the solemnization and registration of marriage.
Source: L. 73: R&RE, p. 1016, § 1. C.R.S. 1963: § 90-1-2.
14-2-103. Uniformity of application and construction. This part 1 shall be so applied
and construed as to effectuate its general purpose to make uniform the law with respect to the
subject of this part 1 among those states which enact it.
Source: L. 73: R&RE, p. 1016, § 1. C.R.S. 1963: § 90-1-3.
14-2-104. Formalities. (1) Except as otherwise provided in subsection (3) of this
section, a marriage is valid in this state if:
(a) It is licensed, solemnized, and registered as provided in this part 1; and
(b) It is only between one man and one woman.
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(2) Notwithstanding the provisions of section 14-2-112, any marriage contracted within
or outside this state that does not satisfy paragraph (b) of subsection (1) of this section shall not
be recognized as valid in this state.
(3) Nothing in this section shall be deemed to repeal or render invalid any otherwise
valid common law marriage between one man and one woman:
(a) Entered into prior to September 1, 2006; or
(b) Entered into on or after September 1, 2006, that complies with section 14-2-109.5.
Source: L. 73: R&RE, p. 1016, § 1. C.R.S. 1963: § 90-1-4. L. 2000: Entire section
amended, p. 1054, § 1, effective May 26. L. 2006, 1st Ex. Sess.: (3) amended, p. 9, § 1, effective
July 18.
Cross references: For the validity or recognition of marriages in this state, see section 31
of article II of the state constitution; for cases construing constitutional and statutory provisions
similar to section 31 of article II of the state constitution, see the editor's note under section 31 of
article II.
14-2-105. Marriage license and marriage certificate. (1) The executive director of the
department of public health and environment shall prescribe the form for an application for a
marriage license, which must include the following information:
(a) Name, sex, address, last four digits of the social security number, and date and place
of birth of each party to the proposed marriage, which proof of identity and date of birth may be
by a birth certificate, a driver's license, a passport, or other comparable evidence;
(b) If either party has previously been married, such party's married name and the date,
place, and court in which the marriage was dissolved or declared invalid or the date and place of
death of the former spouse;
(b.5) If either party has previously been a partner in a civil union and, if so, the name of
the other partner in the civil union, or the date, place, and court in which the civil union was
dissolved or declared invalid, or the date and place of death of the former partner in the civil
union;
(c) Name and address of the parents or guardian of each party;
(d) Whether the parties are related to each other and, if so, their relationship, or, if the
parties are currently married to each other, a statement to that effect.
(2) The executive director of the department of public health and environment shall
prescribe the forms for the marriage license, the marriage certificate, and the consent to
marriage.
Source: L. 73: R&RE, p. 1016, § 1. C.R.S. 1963: § 90-1-5. L. 93: (1)(b) and (1)(d)
amended, p. 437, § 1, effective July 1. L. 94: IP(1) and (2) amended, p. 2731, § 347, effective
July 1. L. 2016: IP(1) amended and (1)(b.5) added, (SB 16-150), ch. 263, p. 1080, § 2, effective
June 8. L. 2019: (1)(a) amended, (HB 19-1316), ch. 380, p. 3421, § 5, effective August 2.
Cross references: For the legislative declaration contained in the 1994 act amending the
introductory portion to subsection (1) and subsection (2), see section 1 of chapter 345, Session
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Laws of Colorado 1994. For the legislative declaration in SB 16-150, see section 1 of chapter
263, Session Laws of Colorado 2016.
14-2-106. License to marry. (1) (a) When a marriage license application has been
completed and signed by both parties to a prospective marriage and at least one party has
appeared, or both parties appeared if permitted pursuant to section 14-2-106.5, before the county
clerk and recorder and has paid the marriage license fee of seven dollars, a fee of twenty dollars
to be transmitted by the county clerk and recorder to the state treasurer and credited by the
treasurer to the Colorado domestic abuse program fund created in section 39-22-802 (1), and an
additional amount established pursuant to section 25-2-121, such amount to be credited to the
vital statistics records cash fund pursuant to section 25-2-121, the county clerk shall issue a
license to marry and a marriage certificate form upon being furnished:
(I) Satisfactory proof that each party to the marriage will have attained the age of
eighteen years at the time the marriage license becomes effective; or, if over the age of sixteen
years but has not attained the age of eighteen years, has judicial approval, as provided in section
14-2-108; and
(II) Satisfactory proof that the marriage is not prohibited, as provided in section
14-2-110.
(b) Violation of subsection (1)(a)(I) of this section makes the marriage voidable.
(2) Repealed.
Source: L. 73: R&RE, p. 1017, § 1. C.R.S. 1963: § 90-1-6. L. 75: (2)(a) amended, p.
583, § 1, effective April 10. L. 79: (2)(a), (2)(b), and (2)(d) R&RE, p. 635, § 1, effective July 1.
L. 84: (1)(a)(III) amended, p. 1118, § 9, effective June 7; IP(1)(a) amended, p. 742, § 1, effective
July 1. L. 86: (1)(a)(III) amended, p. 711, § 1, effective July 1; (2)(a), (2)(b), (2)(d), (2)(f), and
(2)(g) amended and (2)(h) added, p. 711, § 1, effective July 1. L. 89: IP(1)(a) amended and
(1)(c) added, p. 936, § 2, effective July 1. L. 93: (1)(c) amended, p. 927, § 4, effective May 28.
L. 98: (1)(a)(I) amended, p. 1394, § 30, effective February 1, 1999. L. 2000: IP(1)(a) and (1)(c)
amended, p. 1571, § 8, effective July 1. L. 2009: IP(1)(a) amended, (SB 09-068), ch. 264, p.
1211, § 5, effective July 1. L. 2019: Entire section amended, (HB 19-1316), ch. 380, p. 3419, §
1, effective August 2. L. 2023: IP(1)(a) amended, (HB 23-1278), ch. 291, p. 1757, § 1, effective
August 7.
Editor's note: Subsection (2)(h) provided for the repeal of subsection (2), effective July
1, 1989. (See L. 86, p. 711.)
14-2-106.5. License to marry without appearing in person. (1) A county clerk and
recorder may permit the parties to a prospective marriage to satisfy the requirement to appear
before the county clerk and recorder by an interactive audiovisual communication technology or
online functionality, for the following limited purposes:
(a) To verify application information;
(b) To present satisfactory proof that each party to the marriage will have attained the
age of eighteen years at the time the marriage license becomes effective;
(c) To present satisfactory proof that the marriage is not prohibited; or
(d) To pay required fees.
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(2) A county clerk and recorder shall not permit the procedure described in subsection
(1) of this section if either of the parties are under eighteen years of age, or if the parties are
using interactive audiovisual technology and are unable to appear together. Nothing in this
section changes any requirement that must be satisfied in the state of Colorado.
(3) A county clerk and recorder who permits the parties to a prospective marriage to
satisfy certain requirements without appearing in person and staff members who carry out duties
on behalf of the county clerk and recorder pursuant to this section shall complete the training and
curricula developed by the human trafficking council created in section 18-3-505 for persons
who work in or who frequent places where human trafficking victims are likely to appear. The
training and curricula must be completed prior to permitting parties to a prospective marriage to
satisfy certain requirements without appearing in person pursuant to this section; except that if a
county clerk and recorder permits the parties to a prospective marriage to satisfy certain
requirements without appearing in person on and before June 18, 2021, the training and curricula
must be completed no later than thirty days after June 18, 2021. A county clerk and recorder who
permits the parties to a prospective marriage to satisfy certain requirements without appearing in
person shall maintain records demonstrating compliance with this subsection (3) and shall
display a notice of compliance with this subsection (3) in a place that is accessible to the public
in the county clerk and recorder's office and on its website. A county clerk and recorder and staff
members who carry out duties of the county clerk and recorder shall complete the training and
curricula requirements pursuant to this subsection (3) at least once every year for as long as the
county clerk and recorder permits the parties to a prospective marriage to satisfy certain
requirements without appearing in person pursuant to this section.
(4) Repealed.
Source: L. 2021: Entire section added, (HB 21-1287), ch. 264, p. 1537, § 1, effective
June 18. L. 2023: IP(1) and (3) amended and (4) repealed, (HB 23-1278), ch. 291, p. 1757, § 2,
effective August 7.
14-2-107. When licenses to marry issued - validity. Licenses to marry shall be issued
by the county clerk and recorder only during the hours that the office of the county clerk and
recorder is open as prescribed by law and at no other time, and such licenses shall show the exact
date and hour of their issue. A license shall not be valid for use outside the state of Colorado.
Within the state, such licenses shall not be valid for more than thirty-five days after the date of
issue. If any license to marry is not used within thirty-five days, it is void and shall be returned to
the county clerk and recorder for cancellation.
Source: L. 73: R&RE, p. 1018, § 1. C.R.S. 1963: § 90-1-7. L. 75: Entire section
amended, p. 583, § 2, effective April 10. L. 93: Entire section amended, p. 437, § 2, effective
July 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 829, § 22, effective July 1.
14-2-108. Judicial approval. (1) The juvenile court, as defined in section 19-1-103,
after a reasonable effort has been made to notify the parents or legal guardians of each underage
party, may order the county clerk and recorder pursuant to subsection (2) of this section to issue
a marriage license and a marriage certificate form to a person sixteen or seventeen years of age.
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(2) (a) The court may order the county clerk and recorder to issue a marriage license
under subsection (1) of this section only if the court finds, after reviewing the report of the
guardian ad litem appointed pursuant to subsection (2)(b) of this section, that the underage party
is capable of assuming the responsibilities of marriage and the marriage would serve the
underage party's best interests. Pregnancy alone does not establish that the best interests of the
party would be served.
(b) (I) Prior to ordering the issuance of a marriage license to an underage party, the court
shall appoint a guardian ad litem for the underage party and direct the guardian ad litem to
investigate the best interests of the underage party and to file a report with the court addressing
the factors set forth in subsection (2)(b)(II) of this section and stating a position as to whether the
issuance of a marriage license to the underage party is in the underage party's best interests.
(II) The court shall consider all relevant factors, including:
(A) The wishes of the underage party;
(B) The view of the parents or legal guardians of the underage party, if known;
(C) The ability of the underage party to assume the responsibilities of marriage;
(D) The circumstances surrounding the marriage; and
(E) The ability of the underage party to manage the underage party's financial, personal,
social, educational, and nonfinancial affairs independent of the underage party's intended spouse
both during the marriage or upon dissolution of the marriage.
(3) The district court or the juvenile court, as the case may be, shall authorize
performance of a marriage by proxy upon the showing required by the provisions on
solemnization, being section 14-2-109.
Source: L. 73: R&RE, p. 1018, § 1. C.R.S. 1963: § 90-1-8. L. 87: IP(1) amended, p.
815, § 15, effective October 1. L. 98: (1)(b) amended, p. 1394, § 31, effective February 1, 1999.
L. 2019: (1) and (2) amended, (HB 19-1316), ch. 380, p. 3420, § 2, effective August 2. L. 2021:
(1) amended, (SB 21-059), ch. 136, p. 712, § 18, effective October 1.
14-2-109. Solemnization and registration of marriages - proxy marriage. (1) A
marriage may be solemnized by a judge of a court, by a court magistrate, by a retired judge of a
court, by a public official whose powers include solemnization of marriages, by the parties to the
marriage, or in accordance with any mode of solemnization recognized by any religious
denomination or Indian nation or tribe. Either the person solemnizing the marriage or, if no
individual acting alone solemnized the marriage, a party to the marriage shall complete the
marriage certificate form and forward it to the county clerk and recorder within sixty-three days
after the solemnization. Any person who fails to forward the marriage certificate to the county
clerk and recorder as required by this section shall be required to pay a late fee in an amount of
not less than twenty dollars. An additional five-dollar late fee may be assessed for each
additional day of failure to comply with the forwarding requirements of this subsection (1) up to
a maximum of fifty dollars. For purposes of determining whether a late fee shall be assessed
pursuant to this subsection (1), the date of forwarding shall be deemed to be the date of
postmark.
(2) (a) The requirements for applying for a marriage license for a proxy marriage are the
following:
(I) One party to the proxy marriage is a resident of the state of Colorado;
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(II) One party to the proxy marriage appears in person to apply for the marriage license
and pays the fees required in section 14-2-106 (1);
(III) The signatures of both parties to the proxy marriage are required, and the party
present shall sign the marriage license application, as prescribed in section 14-2-105 (2), and
provide an absentee affidavit form, as prescribed by the state registrar, containing the notarized
signature of the absent party, along with proper identification documents as specified in section
14-2-105 (1)(a) for the absent party; and
(IV) Both parties to the proxy marriage are eighteen years of age or older.
(b) If a party to a marriage is unable to be present at the solemnization, the absent party
may authorize in writing a third person to act as the absent party's proxy for purposes of
solemnization of the marriage, if the absent party is:
(I) A member of the armed forces of the United States who is stationed in another
country or in another state in support of combat or another military operation; or
(II) An individual who is a government contractor, or an employee of a government
contractor, working in support of the armed forces of the United States or in support of United
States military operations in another country or in another state and who supplies proper
identification of that status.
(c) If the person solemnizing the marriage is satisfied that the absent party is unable to
be present and has consented to the marriage, such person may solemnize the marriage by proxy.
If such person is not satisfied, the parties may petition the district court for an order permitting
the marriage to be solemnized by proxy.
(3) Upon receipt of the marriage certificate, the county clerk and recorder shall register
the marriage.
Source: L. 73: R&RE, p. 1019, § 1. C.R.S. 1963: § 90-1-9. L. 79: (1) amended, p. 637,
§ 1, effective May 25. L. 89: (1) amended, p. 781, § 1, effective April 4. L. 91: (1) amended, p.
359, § 19, effective April 9. L. 93: Entire section amended, p. 438, § 3, effective July 1. L. 2012:
(1) amended, (SB 12-175), ch. 208, p. 829, § 23, effective July 1. L. 2015: (2) amended, (HB
15-1327), ch. 229, p. 851, § 1, effective May 27. L. 2019: (2)(a)(IV) amended, (HB 19-1316),
ch. 380, p. 3421, § 3, effective August 2.
14-2-109.3. Rights of underage married persons. (1) In addition to any rights
established in law, a married person who has not attained eighteen years of age has the following
rights:
(a) The right to establish a domicile separate from the married person's parents;
(b) The right to file motions and petitions with a court in the married person's name and
on the married person's own behalf;
(c) The right to enter into enforceable contracts, including but not limited to leases for
housing; and
(d) The right to consent to and make decisions concerning the married person's own
medical care.
Source: L. 2019: Entire section added, (HB 19-1316), ch. 380, p. 3421, § 4, effective
August 2.
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14-2-109.5. Common law marriage - age restrictions. (1) A common law marriage
entered into on or after September 1, 2006, shall not be recognized as a valid marriage in this
state unless, at the time the common law marriage is entered into:
(a) Each party is eighteen years of age or older; and
(b) The marriage is not prohibited, as provided in section 14-2-110.
(2) Notwithstanding the provisions of section 14-2-112, a common law marriage
contracted within or outside this state on or after September 1, 2006, that does not satisfy the
requirements specified in subsection (1) of this section shall not be recognized as valid in this
state.
Source: L. 2006, 1st Ex. Sess.: Entire section added, p. 9, § 2, effective July 18.
14-2-110. Prohibited marriages. (1) The following marriages are prohibited:
(a) A marriage entered into prior to the dissolution of an earlier marriage of one of the
parties, except a currently valid marriage between the parties;
(a.5) A marriage entered into prior to the dissolution of an earlier civil union of one of
the parties, except a currently valid civil union between the same two parties;
(b) A marriage between an ancestor and a descendant or between a brother and a sister,
whether the relationship is by the half or the whole blood;
(c) A marriage between an uncle and a niece or between an aunt and a nephew, whether
the relationship is by the half or the whole blood, except as to marriages permitted by the
established customs of aboriginal cultures.
(2) Repealed.
Source: L. 73: R&RE, p. 1019, § 1. C.R.S. 1963: § 90-1-10. L. 78: (1)(b) amended, p.
262, § 47, effective May 23. L. 93: (1)(a) amended, p. 438, § 4, effective July 1. L. 2016:
(1)(a.5) added, (SB 16-150), ch. 263, p. 1080, § 3, effective June 8. L. 2018: (2) repealed, (SB
18-095), ch. 96, p. 753, § 5, effective August 8.
Cross references: (1) For criminal penalties for the offense of bigamy, see § 18-6-201;
for criminal penalties for the offense of incest, see § 18-6-301.
(2) For the legislative declaration in SB 16-150, see section 1 of chapter 263, Session
Laws of Colorado 2016. For the legislative declaration in SB 18-095, see section 1 of chapter 96,
Session Laws of Colorado 2018.
14-2-111. Putative spouse. A person who has cohabited with another to whom he or she
is not legally married in the good faith belief that he or she was married to that person is a
putative spouse until knowledge of the fact that he or she is not legally married terminates his or
her status and prevents acquisition of further rights. A putative spouse acquires the rights
conferred upon a legal spouse, including the right to maintenance following termination of his or
her status, whether or not the marriage is prohibited under section 14-2-110, declared invalid, or
otherwise terminated by court action. If there is a legal spouse or other putative spouses, rights
acquired by a putative spouse do not supersede the rights of the legal spouse or those acquired by
other putative spouses, but the court shall apportion property, maintenance, and support rights
among the claimants as appropriate in the circumstances and in the interests of justice.
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Source: L. 73: R&RE, p. 1019, § 1. C.R.S. 1963: § 90-1-11. L. 2018: Entire section
amended, (SB 18-095), ch. 96, p. 753, § 6, effective August 8.
Cross references: For the legislative declaration in SB 18-095, see section 1 of chapter
96, Session Laws of Colorado 2018.
14-2-112. Application. All marriages contracted within this state prior to January 1,
1974, or outside this state that were valid at the time of the contract or subsequently validated by
the laws of the place in which they were contracted or by the domicile of the parties are valid in
this state.
Source: L. 73: R&RE, p. 1020, § 1. C.R.S. 1963: § 90-1-12.
14-2-113. Violation - penalty. Except as provided in section 14-2-109 (1), any person
who knowingly violates any provision of this part 1 is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not more than five hundred dollars.
Source: L. 73: R&RE, p. 1020, § 1. C.R.S. 1963: § 90-1-13.
PART 2
RIGHTS OF MARRIED PERSONS
Cross references: For the legislative declaration in SB 18-090, see section 1 of chapter
72, Session Laws of Colorado 2018.
14-2-201. Property ownership. The property, real and personal, that a person in this
state owns at the time of his or her marriage, and the rents, issues, profits, and proceeds thereof,
and any real, personal, or mixed property that comes to him or her by descent, devise, or
bequest, or the gift of any person except his or her husband or wife, including presents or gifts
from his or her husband or wife, such as jewelry, silver, tableware, watches, money, and apparel,
remains his or her sole and separate property, notwithstanding his or her marriage, and is not
subject to the disposal of his or her husband or wife or liable for his or her debts.
Source: R.S. p. 454, § 1. G.L. § 1747. G.S. § 2266. R.S. 08: § 4181. C.L. § 5576. CSA:
C. 108, § 1. CRS 53: § 90-2-1. C.R.S. 1963: § 90-2-1. L. 2018: Entire part amended, (SB
18-090), ch. 72, p. 637, § 2, effective August 8.
14-2-202. Married person may sue and be sued. A person, while married, may sue and
be sued, in all matters having relation to his or her property, person, or reputation, in the same
manner as if he or she were unmarried.
Source: R.S. p. 455, § 3. G.L. § 1749. G.S. § 2268. R.S. 08: § 4182. C.L. § 5577. CSA:
C. 108, § 2. CRS 53: § 90-2-2. C.R.S. 1963: § 90-2-2. L. 2018: Entire part amended, (SB
18-090), ch. 72, p. 638, § 2, effective August 8.
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Cross references: For the rule of civil procedure authorizing married women to sue as if
sole, see C.R.C.P. 17(b).
14-2-203. Rights in separate business. A married person may carry on any trade or
business and perform any labor or services on his or her sole and separate account, and the
earnings of a married person from his or her trade, business, labor, or services is his or her sole
and separate property and may be used and invested by him or her in his or her own name.
Property acquired by trade, business, and services by the married person and the proceeds may
be taken on any execution against the person.
Source: R.S. p. 455, § 6. G.L. § 1752. G.S. § 2271. R.S. 08: § 4183. C.L. § 5578. CSA:
C. 108, § 3. CRS 53: § 90-2-3. C.R.S. 1963: § 90-2-3. L. 2018: Entire part amended, (SB
18-090), ch. 72, p. 638, § 2, effective August 8.
14-2-204. Not to affect marriage settlements. Nothing in sections 14-2-201 to 14-2-206
invalidates any marriage settlement or contract.
Source: R.S. p. 455, § 7. G.L. § 1753. G.S. § 2272. R.S. 08: § 4184. C.L. § 5579. CSA:
C. 108, § 4. CRS 53: § 90-2-4. C.R.S. 1963: § 90-2-4. L. 2018: Entire part amended, (SB
18-090), ch. 72, p. 638, § 2, effective August 8.
14-2-205. Married person's land subject to judgment. When a person against whom
liability exists marries and has or acquires lands, judgment on such liability may be rendered
against him or her and his or her husband or wife jointly, to be levied on such lands only.
Source: R.S. p. 455, § 10. G.L. § 1756. G.S. § 2275. R.S. 08: § 4187. C.L. § 5582.
CSA: C. 108, § 7. CRS 53: § 90-2-7. C.R.S. 1963: § 90-2-7. L. 2018: Entire part amended, (SB
18-090), ch. 72, p. 638, § 2, effective August 8.
14-2-206. Spouse cannot convey other spouse's lands. The separate deed of a spouse
conveys no interest in the other spouse's lands.
Source: R.S. p. 455, § 12. G.L. § 1757. G.S. § 2276. R.S. 08: § 4188. C.L. § 5583.
CSA: C. 108, § 8. CRS 53: § 90-2-8. C.R.S. 1963: § 90-2-8. L. 2018: Entire part amended, (SB
18-090), ch. 72, p. 638, § 2, effective August 8.
14-2-207. Spouse may convey lands as if unmarried. A person, while married, may
bargain, sell, and convey his or her real and personal property and enter into any contract in
reference to the same as if he or she were unmarried.
Source: R.S. p. 455, § 2. L. 1874: p. 185, § 1. G.L. § 1759. G.S. § 2278. R.S. 08: §
4190. C.L. § 5585. CSA: C. 108, § 10. CRS 53: § 90-2-9. C.R.S. 1963: § 90-2-9. L. 2018:
Entire part amended, (SB 18-090), ch. 72, p. 638, § 2, effective August 8.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 10 of 247
14-2-208. Married person may contract. A person, while married, may contract debts
in his or her own name and upon his or her own credit, and may execute promissory notes,
bonds, bills of exchange, and other instruments in writing, and may enter into any contract the
same as if he or she were unmarried. In all cases where any suit or other legal proceedings are
instituted against the married person and any judgment, decree, or order is rendered or
pronounced against the married person, the same may be enforced by execution or other process
against the married person as if he or she were unmarried.
Source: L. 1874: p. 185, § 3. G.L. § 1761. G.S. § 2280. R.S. 08: § 4191. C.L. § 5586.
CSA: C. 108, § 11. CRS 53: § 90-2-10. C.R.S. 1963: § 90-2-10. L. 2018: Entire part amended,
(SB 18-090), ch. 72, p. 638, § 2, effective August 8.
14-2-209. Loss of consortium. In all actions for a tort by a married person, both spouses
have an equal right to recover for loss of consortium of his or her spouse.
Source: L. 61: p. 560, § 1. CRS 53: § 90-2-11. C.R.S. 1963: § 90-2-11. L. 2018: Entire
part amended, (SB 18-090), ch. 72, p. 638, § 2, effective August 8.
14-2-210. Domicile. The right of a person to become a resident domiciled in the state of
Colorado must not be denied or abridged because of sex or marital status, and the common law
rule that the domicile of a married person is that of his or her spouse is no longer in effect in this
state.
Source: L. 69: p. 824, § 1. C.R.S. 1963: § 90-2-12. L. 73: p. 1022, § 1. L. 2018: Entire
part amended, (SB 18-090), ch. 72, p. 638, § 2, effective August 8.
PART 3
UNIFORM PREMARITAL AND
MARITAL AGREEMENTS ACT
Editor's note: This part 3 was added in 1986. It was repealed and reenacted in 2013,
effective July 1, 2014, resulting in the addition, relocation, or elimination of sections as well as
subject matter. For amendments to this part 3 prior to 2013, consult the 2012 Colorado Revised
Statutes and the Colorado statutory research explanatory note beginning on page vii in the front
of this volume. Former C.R.S. section numbers are shown in editor's notes following those
sections that were relocated.
Law reviews: For article, "Marital Agreements", see 18 Colo. Law. 31, (1989); for
article, "Update on Ethics and Malpractice Avoidance in Family Law -- Parts I and II", see 19
Colo. Law. 465 and 647 (1990); for article, "An Historical Perspective on Marital Agreements",
see 20 Colo. Law. 467 (1991); for article, "Prenuptial Agreements and the Dead Man's Statute",
see 23 Colo. Law. 357 (1994); for article, "Beware of the Trap -- Marital Agreements and
ERISA Benefits", see 23 Colo. Law. 577 (1994); for article, "Marital Agreements and the
Colorado Marital Agreement Act", see 32 Colo. Law. 59 (Aug. 2003); for article, "Prenuptial
Colorado Revised Statutes 2023 Uncertified PrintoutPage 11 of 247
Agreements and Retirement Plan Assets", see 33 Colo. Law. 43 (Feb. 2004); for article, "Marital
Agreements in Colorado", see 36 Colo. Law. 53 (Feb. 2007); for article, "Benefits Issues Arise
When Same-Sex Relationships End", see 42 Colo. Law. 77 (Aug. 2013); for article, "Colorado's
New Uniform Premarital and Marital Agreements Act", see 43 Colo. Law. 57 (March 2014).
14-2-301. Short title. This part 3 may be cited as the "Uniform Premarital and Marital
Agreements Act".
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1159, § 1, effective July
1, 2014.
Editor's note: This section is similar to former § 14-2-301 as it existed prior to 2013.
14-2-302. Definitions. In this part 3:
(1) "Amendment" means a modification or revocation of a premarital agreement or
marital agreement.
(2) "Marital agreement" means an agreement between spouses who intend to remain
married which affirms, modifies, or waives a marital right or obligation during the marriage or at
legal separation, marital dissolution, death of one of the spouses, or the occurrence or
nonoccurrence of any other event. The term includes an amendment, signed after the spouses
marry, of a premarital agreement or marital agreement.
(3) "Marital dissolution" means the ending of a marriage by court decree. The term
includes a divorce, dissolution, and annulment.
(4) "Marital right or obligation" means any of the following rights or obligations arising
between spouses because of their marital status:
(a) Spousal maintenance;
(b) A right to property, including characterization, management, and ownership;
(c) Responsibility for a liability;
(d) A right to property and responsibility for liabilities at legal separation, marital
dissolution, or death of a spouse; or
(e) An award and allocation of attorney's fees and costs.
(5) "Premarital agreement" means an agreement between individuals who intend to
marry which affirms, modifies, or waives a marital right or obligation during the marriage or at
legal separation, marital dissolution, death of one of the spouses, or the occurrence or
nonoccurrence of any other event. The term includes an amendment, signed before the
individuals marry, of a premarital agreement.
(6) "Property" means anything that may be the subject of ownership, whether real or
personal, tangible or intangible, legal or equitable, or any interest therein, including income and
earnings.
(7) "Record" means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
(8) "Sign" means with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or
process.
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(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of
the United States.
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1159, § 1, effective July
1, 2014.
Editor's note: This section is similar to former §§ 14-2-302 and 14-2-306 as they existed
prior to 2013.
14-2-303. Scope. (1) This part 3 applies to a premarital agreement or marital agreement
signed on or after July 1, 2014.
(2) This part 3 does not affect any right, obligation, or liability arising under a premarital
agreement or marital agreement signed before July 1, 2014.
(3) This part 3 does not apply to:
(a) An agreement between spouses which affirms, modifies, or waives a marital right or
obligation and requires court approval to become effective; or
(b) An agreement between spouses who intend to obtain a marital dissolution or
court-decreed legal separation which resolves their marital rights or obligations and is signed
when a proceeding for marital dissolution or court-decreed legal separation is anticipated or
pending.
(4) This part 3 does not affect adversely the rights of a bona fide purchaser for value to
the extent that this part 3 applies to a waiver of a marital right or obligation in a transfer or
conveyance of property by a spouse to a third party.
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1160, § 1, effective July
1, 2014.
14-2-303.5. Applicability of part and case law to agreements relating to civil unions.
Prospective parties to a civil union and present parties to a civil union may contract to make an
agreement relating to the civil union that includes any of the rights and obligations that may be
included in a premarital agreement or marital agreement pursuant to this part 3. The provisions
of this part 3 and any case law construing this part 3 apply to any agreement made by
prospective parties to a civil union or between present parties to a civil union.
Source: L. 2013: Entire section added with relocations, (HB 13-1204), ch. 239, p. 1164,
§ 2, effective July 1, 2014. L. 2015: Entire section amended, (SB 15-264), ch. 259, p. 950, § 34,
effective August 5.
Editor's note: This section is similar to former § 14-2-307.5 as it existed prior to 2013.
14-2-304. Governing law. (1) The validity, enforceability, interpretation, and
construction of a premarital agreement or marital agreement are determined:
(a) By the law of the jurisdiction designated in the agreement if the jurisdiction has a
significant relationship to the agreement or either party at the time the agreement was signed and
Colorado Revised Statutes 2023 Uncertified PrintoutPage 13 of 247
the designated law is not contrary to section 14-2-309 or to a fundamental public policy of this
state; or
(b) Absent an effective designation described in paragraph (a) of this subsection (1), by
the law of this state, including the choice-of-law rules of this state.
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1161, § 1, effective July
1, 2014.
14-2-305. Principles of law and equity. Unless displaced by a provision of this part 3,
principles of law and equity supplement this part 3.
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1161, § 1, effective July
1, 2014.
14-2-306. Formation requirements. A premarital agreement or marital agreement must
be in a record and signed by both parties. The agreement is enforceable without consideration.
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1161, § 1, effective July
1, 2014.
Editor's note: This section is similar to former § 14-2-303 as it existed prior to 2013.
14-2-307. When agreement effective. A premarital agreement is effective on marriage.
A marital agreement is effective on signing by both parties.
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1161, § 1, effective July
1, 2014.
Editor's note: This section is similar to former § 14-2-305 as it existed prior to 2013.
14-2-308. Void marriage. If a marriage is determined to be void, a premarital agreement
or marital agreement is enforceable to the extent necessary to avoid an inequitable result.
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1161, § 1, effective July
1, 2014.
Editor's note: This section is similar to former § 14-2-308 as it existed prior to 2013.
14-2-309. Enforcement. (1) A premarital agreement or marital agreement is
unenforceable if a party against whom enforcement is sought proves:
(a) The party's consent to the agreement was involuntary or the result of duress;
(b) The party did not have access to independent legal representation under subsection
(2) of this section;
(c) Unless the party had independent legal representation at the time the agreement was
signed, the agreement did not include a notice of waiver of rights under subsection (3) of this
Colorado Revised Statutes 2023 Uncertified PrintoutPage 14 of 247
section or an explanation in plain language of the marital rights or obligations being modified or
waived by the agreement; or
(d) Before signing the agreement, the party did not receive adequate financial disclosure
under subsection (4) of this section.
(2) A party has access to independent legal representation if:
(a) Before signing a premarital or marital agreement, the party has a reasonable time to:
(I) Decide whether to retain a lawyer to provide independent legal representation; and
(II) Locate a lawyer to provide independent legal representation, obtain the lawyer's
advice, and consider the advice provided; and
(b) The other party is represented by a lawyer and the party has the financial ability to
retain a lawyer or the other party agrees to pay the reasonable fees and expenses of independent
legal representation.
(3) A notice of waiver of rights under this section requires language, conspicuously
displayed, substantially similar to the following, as applicable to the premarital agreement or
marital agreement:
If you sign this agreement, you may be:
Giving up your right to be supported by the person you are marrying or to whom you are
married.
Giving up your right to ownership or control of money and property.
Agreeing to pay bills and debts of the person you are marrying or to whom you are married.
Giving up your right to money and property if your marriage ends or the person to whom you are
married dies.
Giving up your right to have your legal fees paid.
(4) A party has adequate financial disclosure under this section if the party:
(a) Receives a reasonably accurate description and good-faith estimate of value of the
property, liabilities, and income of the other party; or
(b) [Reserved]
(c) Has adequate knowledge or a reasonable basis for having adequate knowledge of the
information described in paragraph (a) of this subsection (4).
(5) A premarital agreement or marital agreement or amendment thereto or revocation
thereof that is otherwise enforceable after applying the provisions of subsections (1) to (4) of this
section is nevertheless unenforceable insofar, but only insofar, as the provisions of such
agreement, amendment, or revocation relate to the determination, modification, limitation, or
elimination of spousal maintenance or the waiver or allocation of attorney fees, and such
provisions are unconscionable at the time of enforcement of such provisions. The issue of
unconscionability shall be decided by the court as a matter of law.
(6) [Reserved]
(7) [Reserved]
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(8) A premarital or marital agreement, or an amendment of either, that is not in a record
and signed by both parties is unenforceable.
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1161, § 1, effective July
1, 2014. L. 2015: (5) amended, (SB 15-264), ch. 259, p. 950, § 35, effective August 5.
Editor's note: This section is similar to former § 14-2-307 as it existed prior to 2013.
14-2-310. Unenforceable terms. (1) In this section, "custodial responsibility" means
parental rights and responsibilities, parenting time, access, visitation, or other custodial right or
duty with respect to a child.
(2) A term in a premarital agreement or marital agreement is not enforceable to the
extent that it:
(a) Adversely affects a child's right to support;
(b) Limits or restricts a remedy available to a victim of domestic violence under law of
this state other than this part 3;
(c) Purports to modify the grounds for a court-decreed legal separation or marital
dissolution available under law of this state other than this part 3;
(d) Penalizes a party for initiating a legal proceeding leading to a court-decreed legal
separation or marital dissolution; or
(e) Violates public policy.
(3) A term in a premarital agreement or marital agreement which defines the rights or
duties of the parties regarding custodial responsibility is not binding on the court.
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1163, § 1, effective July
1, 2014.
14-2-311. Limitation of action. A statute of limitations applicable to an action asserting
a claim for relief under a premarital agreement or marital agreement is tolled during the marriage
of the parties to the agreement, but equitable defenses limiting the time for enforcement,
including laches and estoppel, are available to either party.
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1163, § 1, effective July
1, 2014.
Editor's note: This section is similar to former § 14-2-309 as it existed prior to 2013.
14-2-312. Uniformity of application and construction. In applying and construing this
uniform act, consideration may be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1164, § 1, effective July
1, 2014.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 16 of 247
14-2-313. Relation to electronic signatures in global and national commerce act. This
part 3 modifies, limits, or supersedes the federal "Electronic Signatures in Global and National
Commerce Act", 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section
101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the
notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1164, § 1, effective July
1, 2014.
DOMESTIC ABUSE
ARTICLE 4
Domestic Abuse
Cross references: For the "Child Protection Act of 1987", see part 3 of article 3 of title
19; for jurisdiction of county and district courts to issue orders to prevent domestic abuse, see
article 14 of title 13; for provisions relating to domestic abuse programs, see article 7.5 of title
26.
14-4-101. Definitions. (Repealed)
Source: L. 82: Entire article added, p. 299, § 1, effective April 23. L. 89: (2) amended,
p. 783, § 1, effective April 19. L. 95: (2) amended, p. 513, § 1, effective July 1. L. 2004: Entire
section repealed, p. 554, § 5, effective July 1.
14-4-102. Restraining orders to prevent domestic abuse. (Repealed)
Source: L. 82: Entire article added, p. 299, § 1, effective April 23. L. 89: Entire section
R&RE, p. 783, § 2, effective April 19. L. 91: (1) and (5) amended, p. 743, § 5, effective April 4;
(7.5) added, p. 420, § 4, effective May 31. L. 93: (2)(d)(II) and (7.5) amended, pp. 576, 1725, §§
3, 2, effective July 1. L. 94: (2), (6), (7.5)(b), and (8) amended, p. 933, § 1, effective July 1;
(2)(d)(II), (4), and (7) amended and (7.5)(c), (13), and (14) added, p. 2031, §§ 8, 9, effective July
1; (5), (9), and (10) amended and (15) added, p. 2007, § 2, effective January 1, 1995. L. 95: (14)
amended, pp. 513, 568, §§ 2, 5, effective July 1. L. 96: (14) amended, p. 1688, § 17, effective
January 1, 1997. L. 98: (1) and (5) amended, p. 244, § 3, effective April 13. L. 99: Entire section
repealed, p. 501, § 6, effective July 1.
14-4-103. Emergency protection orders. (Repealed)
Source: L. 82: Entire article added, p. 300, § 1, effective April 23. L. 83: (3)(a)
amended, p. 640, § 1, effective April 29. L. 89: (3)(a) and (4) amended, p. 785, § 3, effective
April 19. L. 91: (4) amended, p. 239, § 1, effective July 1. L. 96: (5) amended, p. 1840, § 1,
effective July 1. L. 99: (4) amended, p. 501, § 7, effective July 1. L. 2003: (4) amended, p. 1010,
§ 12, effective July 1. L. 2004: Entire section repealed, p. 554, § 5, effective July 1.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 17 of 247
14-4-104. Duties of peace officers - enforcement of emergency protection orders.
(Repealed)
Source: L. 82: Entire article added, p. 301, § 1, effective April 23. L. 85: Entire section
R&RE, p. 585, § 1, effective March 10. L. 89: Entire section amended, p. 785, § 4, effective
April 19. L. 91: (1) amended, p. 420, § 5, effective May 31. L. 92: Entire section amended, p.
293, § 3, effective April 23; entire section amended, p. 175, § 1, effective July 1. L. 94: Entire
section amended, p. 2033, § 10, effective July 1; entire section amended, p. 2007, § 3, effective
January 1, 1995. L. 99: Entire section amended, p. 502, § 8, effective July 1. L. 2004: Entire
section repealed, p. 554, § 5, effective July 1.
14-4-105. Violations of orders. A person failing to comply with any order of the court
issued pursuant to this article shall be found in contempt of court and, in addition, may be
punished as provided in section 18-6-803.5, C.R.S.
Source: L. 82: Entire article added, p. 301, § 1, effective April 23. L. 91: Entire section
amended, p. 419, § 2, effective May 31.
14-4-106. Venue. (Repealed)
Source: L. 95: Entire section added, p. 569, § 7, effective July 1. L. 2010: Entire section
repealed, (HB 10-1422), ch. 419, p. 2069, § 24, effective August 11.
14-4-107. Family violence justice fund - creation - grants from fund - definitions. (1)
There is hereby established in the state treasury the family violence justice fund, hereafter
referred to as the "fund". Pursuant to subsection (3) of this section, the state court administrator
is authorized to make grants from the fund directly to qualifying organizations providing civil
legal services to indigent residents of the state of Colorado.
(2) Grants from the fund shall be used to fund qualifying organizations to provide legal
advice, representation, and advocacy for and on behalf of indigent clients who are victims of
family violence. Moneys from the fund may be provided for services that include, but are not
limited to:
(a) The provision of direct legal representation to victims of family violence in resolving
their civil legal matters and removing impediments to the elimination of family violence. Such
representation may include, but need not be limited to, representation in any protection order
proceeding; action for dissolution of marriage, legal separation, or declaration of invalidity of
marriage; action for dissolution of a civil union, legal separation, or declaration of invalidity of a
civil union; paternity action; child custody action; proceeding to establish or enforce child
support; administrative hearings; or any other judicial actions in which family violence is an
issue or in which legal representation is necessary to protect the interests of a victim of family
violence.
(b) The provision of clinics designed to educate and assist indigent victims of family
violence in the proceedings set forth in paragraph (a) of this subsection (2);
Colorado Revised Statutes 2023 Uncertified PrintoutPage 18 of 247
(c) The provision of legal information and advice to victims of family violence, referrals
to appropriate persons or agencies, and the provision of emergency assistance in appropriate
cases by telephone, electronic communication, or other appropriate means.
(3) A qualifying organization seeking to receive a grant from the fund shall submit an
application each year to the state court administrator on a form provided by such administrator.
The application form shall request any information which the administrator may need in
determining the qualifications of the organization for receipt of a grant. Commencing July 1,
1999, and quarterly thereafter, the state court administrator shall distribute grants from the fund,
subject to available appropriations, to a qualifying organization for each county or city and
county based upon the following formula:
(a) The total moneys shall be disbursed in proportion to the number of persons living
below the poverty line in each county or city and county as determined by the most recent census
published by the bureau of the census of the United States department of commerce.
(b) If there is more than one qualifying organization within a county or city and county,
the proportionate share of the fund for such county or city and county disbursed to each such
qualifying organization shall be allocated in proportion to the number of indigent family
violence clients served by each qualifying organization or its predecessor in the preceding year.
(4) (a) In addition to any appropriation from the general fund, the state court
administrator is authorized to accept on behalf of the state any funds, grants, gifts, or donations
from any private or public source for the purpose of implementing this section. All private and
public funds received through grants, gifts, or donations shall be transmitted to the state treasurer
who shall credit the same to the family violence justice fund.
(b) The moneys in the fund shall be subject to annual appropriation by the general
assembly for the direct and indirect costs associated with the administration of this section. The
state court administrator of the judicial department, subject to annual appropriation by the
general assembly, is authorized to expend moneys appropriated to the department from the fund
to qualifying organizations for the purposes described in this section; except that the amount
expended for indirect costs associated with the administration of this section shall not exceed
three percent of the moneys appropriated to the fund in any fiscal year. All investment earnings
derived from the deposit and investment of the moneys in the fund shall be credited to the fund.
Any moneys not appropriated shall remain in the fund and shall not be transferred or revert to
the general fund of the state at the end of any fiscal year.
(c) (I) In addition to the money paid into the fund pursuant to this subsection (4) and
subsection (4.5) of this section, the general assembly shall appropriate money from the economic
recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291,
enacted in 2021, to the office of the state court administrator to be used for the programs and
purposes described in subsection (2) of this section.
(II) Money appropriated pursuant to subsection (4)(c)(I) of this section from the
economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill
21-291, enacted in 2021, must only fund programs and purposes that also conform with the
allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2,
as the act may be subsequently amended. The office of the state court administrator may use up
to ten percent of any money appropriated pursuant to subsection (4)(c)(I) of this section for
development and administrative costs incurred pursuant to this section in the provision of
Colorado Revised Statutes 2023 Uncertified PrintoutPage 19 of 247
programs and services allowed pursuant to the federal "American Rescue Plan Act of 2021",
Pub.L. 117-2, as the act may be subsequently amended.
(4.5) Notwithstanding any other provision of this section, the state court administrator
shall apply the moneys generated from fees collected pursuant to section 13-32-101 (1)(a),
(1)(a.5), (1)(b), and (1)(b.5), C.R.S., and transferred pursuant to section 13-32-101 (5)(a)(X) and
(5)(b)(II), C.R.S., to grants to qualifying organizations that provide services described in
subsection (2) of this section for or on behalf of indigent persons or their families, which persons
are married, separated, or divorced or parties to a civil union or an invalidated, legally separated,
or dissolved civil union.
(5) For purposes of this section:
(a) "Administrator" means the state court administrator in the state judicial department.
(b) "Family violence" has the same meaning as "domestic abuse" as set forth in section
13-14-101 (2), C.R.S.
(c) "Fund" means the family violence justice fund.
(d) "Indigent" means a person whose income does not exceed one hundred twenty-five
percent of the current federal poverty guidelines determined annually by the United States
department of health and human services.
(e) "Protection order" has the same meaning as set forth in section 18-6-803.7 (1)(b.5),
C.R.S.
(f) "Qualifying organization" means an organization that:
(I) Provides full service civil legal services to indigent clients;
(II) Is based in Colorado;
(III) Is exempt from taxation pursuant to section 501 (c)(3) of the internal revenue code;
and
(IV) Obtains more than thirty-three percent of its funding from sources other than grants
from the fund.
Source: L. 99: Entire section added, p. 1178, § 5, effective June 2. L. 2003: (2)(a) and
(5)(e) amended, p. 1010, § 13, effective July 1. L. 2004: (5)(b) amended, p. 554, § 9, effective
July 1. L. 2009: (4.5) added, (SB 09-068), ch. 264, p. 1211, § 6, effective July 1. L. 2010: (3)(a)
amended, (HB 10-1422), ch. 419, p. 2069, § 25, effective August 11. L. 2011: (4.5) amended,
(HB 11-1303), ch. 264, p. 1153, § 22, effective August 10. L. 2013: (2)(a) and (4.5) amended,
(SB 13-011), ch. 49, p. 162, § 12, effective May 1. L. 2014: (5)(e) amended, (HB 14-1363), ch.
302, p. 1263, § 10, effective May 31. L. 2021: (4)(c) added, (SB 21-292), ch. 291, p. 1721, § 2,
effective June 22.
Editor's note: In 2003, subsection (5)(e), as enacted in 1999, was relettered on revision
as (5)(f), and subsection (5)(f), as enacted in 1999 and as amended by House Bill 03-1117, was
relettered on revision as (5)(e) to put the defined terms in alphabetical order. (For House Bill
03-1117, see L. 2003, p. 1010.)
Cross references: (1) For the internal revenue code, see the federal "Internal Revenue
Code of 1986", title 26 of the United States Code.
(2) For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session
Laws of Colorado 2021.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 20 of 247
DESERTION AND NONSUPPORT
ARTICLE 5
Uniform Interstate Family
Support Act
Editor's note: (1) This article was numbered as article 2 of chapter 43, C.R.S. 1963. The
provisions of this article were repealed and reenacted in 1993, resulting in the addition,
relocation, and elimination of sections as well as subject matter. For amendments to this article
prior to 1993, consult the Colorado statutory research explanatory note and the table itemizing
the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on
page vii in the front of this volume. Former C.R.S. section numbers prior to 1993 are shown in
editor's notes following those sections that were relocated.
(2) The numbering used in this article conforms to the numbering used in the National
Uniform Act and may not parallel the numbering found elsewhere in Colorado Revised Statutes.
Law reviews: For article, "The Colorado Uniform Interstate Family Support Act", see 23
Colo. Law. 2535 (Nov. 1994); for article, "Interstate Family Law Jurisdiction: Simplifying
Complex Questions", see 31 Colo. Law. 77 (Sept. 2002); for article, "Colorado's Uniform
Interstate Family Support Act: 2004 Changes and Clarifications", see 33 Colo. Law. 99 (Nov.
2004).
PART 1
GENERAL PROVISIONS
Editor's note: (1) This article was repealed and reenacted in 1993, and this part 1 was
subsequently amended with relocations in 2003, resulting in the addition, relocation, and
elimination of sections as well as subject matter. For amendments to this part 1 prior to 2003,
consult the Colorado statutory research explanatory note and the table itemizing the replacement
volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the
front of this volume and the editor's note following the article heading. Former C.R.S. section
numbers prior to 2003 are shown in editor's notes following those sections that were relocated.
(2) In 1961, this article was enacted as the Uniform Reciprocal Enforcement of Support
Act. It was replaced by the Revised Uniform Reciprocal Enforcement of Support Act in 1971,
which repealed and reenacted the act and was in effect until 1993 when it was repealed and
reenacted into the Uniform Interstate Family Support Act as it existed until 2003 when the article
was amended. For the Uniform Reciprocal Enforcement of Support Act, see article 2 of chapter
43, C.R.S. 1963 (L. 61, p. 356). For the Revised Uniform Reciprocal Enforcement of Support
Act, see article 2 of chapter 43, C.R.S. 1963 or article 5 of title 14, C.R.S. 1973 (L. 71, p. 515).
14-5-101. Short title. This article shall be known and may be cited as the "Uniform
Interstate Family Support Act".
Colorado Revised Statutes 2023 Uncertified PrintoutPage 21 of 247
Source: L. 2003: Entire part amended with relocations, p. 1241, § 2, effective July 1,
2004.
Editor's note: In 2003, the former § 14-5-101 was relocated to § 14-5-102.
14-5-102. Definitions. In this article:
(1) "Child" means an individual, whether over or under the age of majority, who is or is
alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the
beneficiary of a support order directed to the parent.
(2) "Child support order" means a support order for a child, including a child who has
attained the age of majority under the law of the issuing state or foreign country.
(2.5) "Convention" means the Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance, concluded at The Hague on November 23,
2007.
(3) "Duty of support" means an obligation imposed or imposable by law to provide
support for a child, spouse, or former spouse, including an unsatisfied obligation to provide
support.
(3.3) "Foreign country" means a country, including a political subdivision thereof, other
than the United States, that authorizes the issuance of support orders and:
(A) Which has been declared under the law of the United States to be a foreign
reciprocating country;
(B) Which has established a reciprocal arrangement for child support with this state as
provided in section 14-5-308;
(C) Which has enacted a law or established procedures for the issuance and enforcement
of support orders which are substantially similar to the procedures under this article; or
(D) In which the convention is in force with respect to the United States.
(3.4) "Foreign support order" means a support order of a foreign tribunal.
(3.5) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of
a foreign country which is authorized to establish, enforce, or modify support orders or to
determine parentage of a child. The term includes a competent authority under the Convention.
(4) "Home state" means the state or foreign country in which a child lived with a parent
or a person acting as parent for at least six consecutive months immediately preceding the time
of filing of a petition or comparable pleading for support and, if a child is less than six months
old, the state or foreign country in which the child lived from birth with any of them. A period of
temporary absence of any of them is counted as part of the six-month or other period.
(5) "Income" includes earnings or other periodic entitlements to money from any source
and any other property subject to withholding for support under the law of this state.
(6) "Income-withholding order" means an order or other legal process directed to an
obligor's employer or other debtor, as defined by the income-withholding law of this state, to
withhold support from the income of the obligor.
(7) Repealed.
(8) "Initiating tribunal" means the tribunal of a state or foreign country from which a
petition or comparable pleading is forwarded or in which a petition or comparable pleading is
filed for forwarding to another state or foreign country.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 22 of 247
(8.5) "Issuing foreign country" means the foreign country in which a tribunal issues a
support order or a judgment determining parentage of a child.
(9) "Issuing state" means the state in which a tribunal issues a support order or a
judgment determining parentage of a child.
(10) "Issuing tribunal" means the tribunal of a state or foreign country that issues a
support order or a judgment determining parentage of a child.
(11) "Law" includes decisional and statutory law and rules and regulations having the
force of law.
(12) "Obligee" means:
(A) An individual to whom a duty of support is or is alleged to be owed or in whose
favor a support order or a judgment determining parentage of a child has been issued;
(B) A foreign country, state, or political subdivision of a state to which the rights under a
duty of support or support order have been assigned or which has independent claims based on
financial assistance provided to an individual obligee in place of child support;
(C) An individual seeking a judgment determining parentage of the individual's child; or
(D) A person that is a creditor in a proceeding under part 7 of this article.
(13) "Obligor" means an individual, or the estate of a decedent that:
(A) Owes or is alleged to owe a duty of support;
(B) Is alleged but has not been adjudicated to be a parent of a child;
(C) Is liable under a support order; or
(D) Is a debtor in a proceeding under part 7 of this article.
(13.5) "Outside this state" means a location in another state or a country other than the
United States, whether or not the country is a foreign country.
(14) "Person" means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, public corporation, government, or
governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(15) "Record" means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
(16) "Register" means to file in a tribunal of this state a support order or judgment
determining parentage of a child issued in another state or a foreign country.
(17) "Registering tribunal" means a tribunal in which a support order or judgment
determining parentage of a child is registered.
(18) "Responding state" means a state in which a petition or comparable pleading for
support or to determine parentage of a child is filed or to which a petition or comparable
pleading is forwarded for filing from another state or a foreign country.
(19) "Responding tribunal" means the authorized tribunal in a responding state or
foreign country.
(20) "Spousal-support order" means a support order for a spouse or former spouse of the
obligor.
(21) "State" means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, or any territory or insular possession under the jurisdiction of
the United States. The term includes an Indian nation or tribe.
(22) "Support enforcement agency" means a public official, governmental entity, or
private agency authorized to:
(A) Seek enforcement of support orders or laws relating to the duty of support;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 23 of 247
(B) Seek establishment or modification of child support;
(C) Request determination of parentage of a child;
(D) Attempt to locate obligors or their assets; or
(E) Request determination of the controlling child support order.
(23) "Support order" means a judgment, decree, order, decision, or directive, whether
temporary, final, or subject to modification, issued in a state or foreign country for the benefit of
a child, a spouse, or a former spouse, which provides for monetary support, health care,
arrearages, retroactive support, or reimbursement for financial assistance provided to an
individual obligee in place of child support. The term may include related costs and fees,
interest, income withholding, automatic adjustment, reasonable attorney's fees, and other relief.
(24) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized
to establish, enforce, or modify support orders or to determine parentage of a child.
Source: L. 2003: Entire part amended with relocations, p. 1241, § 2, effective July 1,
2004. L. 2015: (2), (4), (8), (9), (10), (12), (13), (14), (16) to (19), and (21) to (24) amended,
(2.5), (3.3) to (3.5), (8.5), and (13.5) added, and (7) repealed, (HB 15-1198), ch. 173, p. 543, § 1,
effective July 1.
Editor's note: In 2003, this section was formerly numbered as § 14-5-101, and the
former § 14-5-102 was relocated to § 14-5-103.
14-5-103. State tribunals and support enforcement agency. (a) The court and the
administrative agency are the tribunals of this state.
(b) The county and state child support services agencies are the support enforcement
agencies of this state.
Source: L. 2003: Entire part amended with relocations, p. 1243, § 2, effective July 1,
2004. L. 2015: Entire section amended, (HB 15-1198), ch. 173, p. 546, § 2, effective July 1.
Editor's note: In 2003, this section was formerly numbered as § 14-5-102, and the
former § 14-5-103 was relocated to § 14-5-104.
14-5-104. Remedies cumulative. (a) Remedies provided by this article are cumulative
and do not affect the availability of remedies under other law or the recognition of a foreign
support order on the basis of comity.
(b) This article does not:
(1) Provide the exclusive method of establishing or enforcing a support order under the
laws of this state; or
(2) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating
to child custody or visitation in a proceeding under this article.
Source: L. 2003: Entire part amended with relocations, p. 1243, § 2, effective July 1,
2004. L. 2015: (a) amended, (HB 15-1198), ch. 173, p. 546, § 3, effective July 1.
Editor's note: In 2003, this section was formerly numbered as § 14-5-103.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 24 of 247
14-5-105. Application of article to resident of foreign country and foreign support
proceeding. (a) A tribunal of this state shall apply parts 1 through 6 of this article and, as
applicable, part 7 of this article, to a support proceeding involving:
(1) A foreign support order;
(2) A foreign tribunal; or
(3) An obligee, obligor, or child residing in a foreign country.
(b) A tribunal of this state that is requested to recognize and enforce a support order on
the basis of comity may apply the procedural and substantive provisions of parts 1 through 6.
(c) Part 7 of this article applies only to a support proceeding under the Convention. In
such a proceeding, if a provision of part 7 of this article is inconsistent with parts 1 through 6 of
this article, part 7 of this article controls.
Source: L. 2015: Entire section added, (HB 15-1198), ch. 173, p. 546, § 4, effective July
1.
PART 2
JURISDICTION
14-5-201. Bases for jurisdiction over nonresident. (a) In a proceeding to establish or
enforce a support order or to determine parentage of a child, a tribunal of this state may exercise
personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
(1) The individual is personally served with a summons within this state;
(2) The individual submits to the jurisdiction of this state by consent in a record, by
entering a general appearance, or by filing a responsive document having the effect of waiving
any contest to personal jurisdiction;
(3) The individual resided with the child in this state;
(4) The individual resided in this state and provided prenatal expenses or support for the
child;
(5) The child resides in this state as a result of the acts or directives of the individual;
(6) The individual engaged in sexual intercourse in this state and the child may have
been conceived by that act of intercourse; or
(7) There is any other basis consistent with the constitutions of this state and the United
States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) of this section or in any
other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state
to modify a child support order of another state unless the requirements of section 14-5-611 are
met, or in the case of a foreign support order, unless the requirements of section 14-5-615 are
met.
Source: L. 93: Entire article R&RE, p. 1584, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1244, § 3, effective July 1, 2004. L. 2015: Entire section amended,
(HB 15-1198), ch. 173, p. 547, § 5, effective July 1.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 25 of 247
14-5-202. Duration of personal jurisdiction. Personal jurisdiction acquired by a
tribunal of this state in a proceeding under this article or other law of this state relating to a
support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to
modify its order or continuing jurisdiction to enforce its order as provided by sections 14-5-205,
14-5-206, and 14-5-211.
Source: L. 93: Entire article R&RE, p. 1584, § 1, effective January 1, 1995. L. 97:
Entire section amended, p. 534, § 2, effective July 1. L. 2003: Entire section amended, p. 1244, §
4, effective July 1, 2004.
14-5-203. Initiating and responding tribunals of this state. Under this article, a
tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of
another state, and as a responding tribunal for proceedings initiated in another state or a foreign
country.
Source: L. 93: Entire article R&RE, p. 1585, § 1, effective January 1, 1995. L. 2015:
Entire section amended, (HB 15-1198), ch. 173, p. 548, § 6, effective July 1.
14-5-204. Simultaneous proceedings. (a) A tribunal of this state may exercise
jurisdiction to establish a support order if the petition or comparable pleading is filed after a
pleading is filed in another state or a foreign country only if:
(1) The petition or comparable pleading in this state is filed before the expiration of the
time allowed in the other state or the foreign country for filing a responsive pleading challenging
the exercise of jurisdiction by the other state or the foreign country;
(2) The contesting party timely challenges the exercise of jurisdiction in the other state
or the foreign country; and
(3) If relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the
petition or comparable pleading is filed before a petition or comparable pleading is filed in
another state or a foreign country if:
(1) The petition or comparable pleading in the other state or foreign country is filed
before the expiration of the time allowed in this state for filing a responsive pleading challenging
the exercise of jurisdiction by this state;
(2) The contesting party timely challenges the exercise of jurisdiction in this state; and
(3) If relevant, the other state or foreign country is the home state of the child.
Source: L. 93: Entire article R&RE, p. 1585, § 1, effective January 1, 1995. L. 2015:
Entire section amended, (HB 15-1198), ch. 173, p. 548, § 7, effective July 1.
14-5-205. Continuing, exclusive jurisdiction to modify child support order. (a) A
tribunal of this state that has issued a child support order consistent with the law of this state has
and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order
is the controlling order and:
(1) At the time of the filing of a request for modification, this state is the residence of the
obligor, the individual obligee, or the child for whose benefit the support order is issued; or
Colorado Revised Statutes 2023 Uncertified PrintoutPage 26 of 247
(2) Even if this state is not the residence of the obligor, the individual obligee, or the
child for whose benefit the support order is issued, the parties consent in a record or in open
court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(b) A tribunal of this state that has issued a child support order consistent with the law of
this state may not exercise continuing, exclusive jurisdiction to modify the order if:
(1) All of the parties who are individuals file consent in a record with the tribunal of this
state that a tribunal of another state that has jurisdiction over at least one of the parties who is an
individual or that is located in the state of residence of the child may modify the order and
assume continuing, exclusive jurisdiction; or
(2) Its order is not the controlling order.
(c) If a tribunal of another state has issued a child support order pursuant to the
"Uniform Interstate Family Support Act", or a law substantially similar to that act, which
modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the
continuing, exclusive jurisdiction of the tribunal of the other state.
(d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child
support order may serve as an initiating tribunal to request a tribunal of another state to modify a
support order issued in that state.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional
conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
(f) (Deleted by amendment, L. 2003, p. 1245, § 5, effective July 1, 2004.)
Source: L. 93: Entire article R&RE, p. 1585, § 1, effective January 1, 1995. L. 97:
(a)(2), (b), IP(c), and (d) amended, p. 534, § 3, effective July 1. L. 2003: Entire section
amended, p. 1245, § 5, effective July 1, 2004.
14-5-206. Continuing jurisdiction to enforce child support order. (a) A tribunal of
this state that has issued a child support order consistent with the law of this state may serve as
an initiating tribunal to request a tribunal of another state to enforce:
(1) The order if the order is the controlling order and has not been modified by a tribunal
of another state that assumed jurisdiction pursuant to the "Uniform Interstate Family Support
Act"; or
(2) A money judgment for arrears of support and interest on the order accrued before a
determination that an order of a tribunal of another state is the controlling order.
(b) A tribunal of this state having continuing jurisdiction over a support order may act as
a responding tribunal to enforce the order.
(c) (Deleted by amendment, L. 2003, p. 1246, § 6, effective July 1, 2004.)
Source: L. 93: Entire article R&RE, p. 1586, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1246, § 6, effective July 1, 2004. L. 2015: (a)(2) amended, (HB
15-1198), ch. 173, p. 548, § 8, effective July 1.
14-5-207. Determination of controlling child support order. (a) If a proceeding is
brought under this article and only one tribunal has issued a child support order, the order of that
tribunal controls and must be recognized.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 27 of 247
(b) If a proceeding is brought under this article, and two or more child support orders
have been issued by tribunals of this state, another state, or a foreign country with regard to the
same obligor and same child, a tribunal of this state having personal jurisdiction over both the
obligor and individual obligee shall apply the following rules and by order shall determine which
order controls and must be recognized:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this
article, the order of that tribunal controls.
(2) If more than one of the tribunals would have continuing, exclusive jurisdiction under
this article:
(A) An order issued by a tribunal in the current home state of the child controls; or
(B) If an order has not been issued in the current home state of the child, the order most
recently issued controls.
(3) If none of the tribunals would have continuing, exclusive jurisdiction under this
article, the tribunal of this state shall issue a child support order, which controls.
(c) If two or more child support orders have been issued for the same obligor and same
child, upon request of a party who is an individual or that is a support enforcement agency, a
tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an
individual shall determine which order controls under subsection (b) of this section. The request
may be filed with a registration for enforcement or registration for modification pursuant to part
6 of this article, or may be filed as a separate proceeding.
(d) A request to determine which is the controlling order shall be accompanied by a copy
of every child support order in effect and the applicable record of payments. The requesting
party shall give notice of the request to each party whose rights may be affected by the
determination.
(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) of this
section has continuing jurisdiction to the extent provided in section 14-5-205 or 14-5-206.
(f) A tribunal of this state that determines by order which is the controlling order under
subsection (b)(1), (b)(2), or (c) of this section, or that issues a new controlling order under
subsection (b)(3) of this section, shall state in that order:
(1) The basis upon which the tribunal made its determination;
(2) The amount of prospective support, if any; and
(3) The total amount of consolidated arrears and accrued interest, if any, under all of the
orders after all payments made are credited as provided by section 14-5-209.
(g) Within thirty days after issuance of an order determining which is the controlling
order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or
registered an earlier order of child support. A party or support enforcement agency obtaining the
order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which
the issue of failure to file arises. The failure to file does not affect the validity or enforceability
of the controlling order.
(h) An order that has been determined to be the controlling order, or a judgment for
consolidated arrears of support and interest, if any, made pursuant to this section shall be
recognized in proceedings under this article.
Source: L. 93: Entire article R&RE, p. 1587, § 1, effective January 1, 1995. L. 97:
Entire section amended, p. 535, § 4, effective July 1. L. 2003: Entire section amended, p. 1246, §
Colorado Revised Statutes 2023 Uncertified PrintoutPage 28 of 247
7, effective July 1, 2004. L. 2015: (a), (b), and (c) amended, (HB 15-1198), ch. 173, p. 548, § 9,
effective July 1.
14-5-208. Child support orders for two or more obligees. In responding to
registrations or petitions for enforcement of two or more child support orders in effect at the
same time with regard to the same obligor and different individual obligees, at least one of which
was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce
those orders in the same manner as if the orders had been issued by a tribunal of this state.
Source: L. 93: Entire article R&RE, p. 1587, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1248, § 8, effective July 1, 2004. L. 2015: Entire section amended,
(HB 15-1198), ch. 173, p. 549, § 10, effective July 1.
14-5-209. Credit for payment. A tribunal of this state shall credit amounts collected for
a particular period pursuant to any child support order against the amounts owed for the same
period under any other child support order for support of the same child issued by a tribunal of
this state, another state, or a foreign country.
Source: L. 93: Entire article R&RE, p. 1588, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1248, § 9, effective July 1, 2004. L. 2015: Entire section amended,
(HB 15-1198), ch. 173, p. 549, § 11, effective July 1.
14-5-210. Application of article to nonresident subject to personal jurisdiction. A
tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under
this article, under other law of this state relating to a support order, or recognizing a foreign
support order may receive evidence from outside this state pursuant to section 14-5-316,
communicate with a tribunal outside this state pursuant to section 14-5-317, and obtain
discovery through a tribunal outside this state pursuant to section 14-5-318. In all other respects,
parts 3 to 6 of this article do not apply, and the tribunal shall apply the procedural and
substantive law of this state.
Source: L. 2003: Entire section added, p. 1248, § 10, effective July 1, 2004. L. 2015:
Entire section amended, (HB 15-1198), ch. 173, p. 550, § 12, effective July 1.
14-5-211. Continuing, exclusive jurisdiction to modify spousal-support order. (a) A
tribunal of this state issuing a spousal-support order consistent with the law of this state has
continuing, exclusive jurisdiction to modify the spousal-support order throughout the existence
of the support obligation.
(b) A tribunal of this state may not modify a spousal-support order issued by a tribunal
of another state or a foreign country having continuing, exclusive jurisdiction over that order
under the law of that state or foreign country.
(c) A tribunal of this state that has continuing, exclusive jurisdiction over a
spousal-support order may serve as:
(1) An initiating tribunal to request a tribunal of another state to enforce the
spousal-support order issued in this state; or
Colorado Revised Statutes 2023 Uncertified PrintoutPage 29 of 247
(2) A responding tribunal to enforce or modify its own spousal-support order.
Source: L. 2003: Entire section added, p. 1248, § 10, effective July 1, 2004. L. 2015: (b)
amended, (HB 15-1198), ch. 173, p. 550, § 13, effective July 1.
PART 3
CIVIL PROVISIONS OF GENERAL APPLICATION
INTRODUCTORY COMMENT
This article adds a wide variety of
procedural provisions to existing statutory
and procedural rules for civil cases. If there
is a conflict between those provisions found
for other litigation and UIFSA rules set forth
in this article, obviously UIFSA rules
prevail. For example, it is unlikely that a
state will have a provision for testimony by
telephone or audiovisual means in a final
hearing. Section 316 of this act creates such
a right for an out-of-state individual.
Revisions in this article shift the perspective
slightly to accommodate the inclusion of a
foreign support order in the equation. Many,
but not all, of the provisions in this article
are basedupon the fact that a party does not
"reside in this state." Application of these
provisions is not solely based on whether the
absent party resides in "another state," as
formerly was the case. Rather, three distinct
formulations are employed depending on the
intended application of the provisions:
"residing in a state;" "residing in . . . a
foreign country;" or "residing outside this
state." The third alternative is intentionally
the broadest because it includes persons
residing anywhere and is not limited to
persons residing in a "foreign country" as
defined in Section 102.
14-5-301. Proceedings under article. (a) Except as otherwise provided in this article,
this part 3 applies to all proceedings under this article.
(b) An individual petitioner or a support enforcement agency may initiate a proceeding
authorized under this article by filing a petition in an initiating tribunal for forwarding to a
responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of
another state or foreign country which has or can obtain personal jurisdiction over the
respondent.
(c) (Deleted by amendment, L. 2003, p. 1249, § 11, effective July 1, 2004.)
Source: L. 93: Entire article R&RE, p. 1588, § 1, effective January 1, 1995. L. 94: (b)(1)
amended, p. 1547, § 26, effective January 1, 1995. L. 96: (b)(1) amended, p. 593, § 4, effective
July 1. L. 97: (b)(1) amended, p. 536, § 5, effective July 1. L. 2003: Entire section amended, p.
1249, § 11, effective July 1, 2004. L. 2015: (b) amended, (HB 15-1198), ch. 173, p. 550, § 14,
effective July 1.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 30 of 247
14-5-302. Proceeding by minor parent. A minor parent, or a guardian or other legal
representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the
minor's child.
Source: L. 93: Entire article R&RE, p. 1588, § 1, effective January 1, 1995.
Editor's note: This section is similar to former § 14-5-114 as it existed prior to 1993.
14-5-303. Application of law of this state. Except as otherwise provided in this article, a
responding tribunal of this state shall:
(1) Apply the procedural and substantive law generally applicable to similar proceedings
originating in this state and may exercise all powers and provide all remedies available in those
proceedings; and
(2) Determine the duty of support and the amount payable in accordance with the law
and support guidelines of this state.
Source: L. 93: Entire article R&RE, p. 1589, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1250, § 12, effective July 1, 2004.
14-5-304. Duties of initiating tribunal. (a) Upon the filing of a petition authorized by
this article, an initiating tribunal of this state shall forward the petition and its accompanying
documents:
(1) To the responding tribunal or appropriate support enforcement agency in the
responding state; or
(2) If the identity of the responding tribunal is unknown, to the state information agency
of the responding state with a request that they be forwarded to the appropriate tribunal and that
receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of this state shall issue a certificate
or other document and make findings required by the law of the responding state. If the
responding tribunal is in a foreign country, upon request the tribunal of this state shall specify
the amount of support sought, convert that amount into the equivalent amount in the foreign
currency under applicable official or market exchange rate as publicly reported, and provide any
other documents necessary to satisfy the requirements of the responding foreign tribunal.
Source: L. 93: Entire article R&RE, p. 1589, § 1, effective January 1, 1995. L. 97:
Entire section amended, p. 537, § 6, effective July 1. L. 2003: Entire section amended, p. 1250, §
13, effective July 1, 2004. L. 2015: (b) amended, (HB 15-1198), ch. 173, p. 550, § 15, effective
July 1.
Editor's note: This section is similar to former § 14-5-115 as it existed prior to 1993.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 31 of 247
14-5-305. Duties and powers of responding tribunal. (a) When a responding tribunal
of this state receives a petition or comparable pleading from an initiating tribunal or directly
pursuant to section 14-5-301 (b), it shall cause the petition or pleading to be filed and notify the
petitioner where and when it was filed.
(b) A responding tribunal of this state, to the extent not prohibited by other law, may do
one or more of the following:
(1) Establish or enforce a support order, modify a child support order, determine the
controlling child support order, or determine parentage of a child;
(2) Order an obligor to comply with a support order, specifying the amount and the
manner of compliance;
(3) Order income withholding;
(4) Determine the amount of any arrearages, and specify a method of payment;
(5) Enforce orders by civil or criminal contempt, or both;
(6) Set aside property for satisfaction of the support order;
(7) Place liens and order execution on the obligor's property;
(8) Order an obligor to keep the tribunal informed of the obligor's current residential
address, electronic-mail address, telephone number, employer, address of employment, and
telephone number at the place of employment;
(9) Issue a bench warrant for an obligor who has failed after proper notice to appear at a
hearing ordered by the tribunal and enter the bench warrant in any local and state computer
systems for criminal warrants;
(10) Order the obligor to seek appropriate employment by specified methods;
(11) Award reasonable attorney's fees and other fees and costs; and
(12) Grant any other available remedy.
(c) A responding tribunal of this state shall include in a support order issued under this
article, or in the documents accompanying the order, the calculations on which the support order
is based.
(d) A responding tribunal of this state may not condition the payment of a support order
issued under this article upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order under this article, the tribunal
shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if
any.
(f) If requested to enforce a support order, arrears, or judgment or modify a support
order stated in a foreign currency, a responding tribunal of this state shall convert the amount
stated in the foreign currency to the equivalent amount in dollars under the applicable official or
market exchange rate as publicly reported.
Source: L. 93: Entire article R&RE, p. 1589, § 1, effective January 1, 1995. L. 97: (a)
and (e) amended, p. 537, § 7, effective July 1. L. 2003: (a), IP(b), and (b)(1) amended and (f)
added, p. 1251, § 14, effective July 1, 2004. L. 2015: (b)(1) and (b)(8) amended, (HB 15-1198),
ch. 173, p. 550, § 16, effective July 1.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 32 of 247
Editor's note: This section is similar to former §§ 14-5-119, 14-5-120, and 14-5-127 as
they existed prior to 1993.
14-5-306. Inappropriate tribunal. If a petition or comparable pleading is received by an
inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying
documents to an appropriate tribunal of this state or another state and notify the petitioner where
and when the pleading was sent.
Source: L. 93: Entire article R&RE, p. 1590, § 1, effective January 1, 1995. L. 97:
Entire section amended, p. 537, § 8, effective July 1. L. 2003: Entire section amended, p. 1251, §
15, effective July 1, 2004. L. 2015: Entire section amended, (HB 15-1198), ch. 173, p. 551, § 17,
effective July 1.
14-5-307. Duties of support enforcement agency. (a) A support enforcement agency of
this state, upon request, shall provide services to a petitioner in a proceeding under this article.
(b) A support enforcement agency of this state that is providing services to the petitioner
shall:
(1) Take all steps necessary to enable an appropriate tribunal of this state, another state,
or a foreign country to obtain jurisdiction over the respondent;
(2) Request an appropriate tribunal to set a date, time, and place for a hearing;
(3) Make a reasonable effort to obtain all relevant information, including information as
to income and property of the parties;
(4) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of
notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice
to the petitioner;
(5) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of
communication in a record from the respondent or the respondent's attorney, send a copy of the
communication to the petitioner; and
(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(c) A support enforcement agency of this state that requests registration of a child
support order in this state for enforcement or for modification shall make reasonable efforts:
(1) To ensure that the order to be registered is the controlling order; or
(2) If two or more child support orders exist and the identity of the controlling order has
not been determined, to ensure that a request for such a determination is made in a tribunal
having jurisdiction to do so.
(d) A support enforcement agency of this state that requests registration and enforcement
of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts
stated in the foreign currency into the equivalent amounts in dollars under the applicable official
or market exchange rate as publicly reported.
(e) A support enforcement agency of this state shall issue or request a tribunal of this
state to issue a child support order and an income-withholding order that redirect payment of
Colorado Revised Statutes 2023 Uncertified PrintoutPage 33 of 247
current support, arrears, and interest if requested to do so by a support enforcement agency of
another state pursuant to section 14-5-319.
(f) This article does not create or negate a relationship of attorney and client or other
fiduciary relationship between a support enforcement agency or the attorney for the agency and
the individual being assisted by the agency.
Source: L. 93: Entire article R&RE, p. 1590, § 1, effective January 1, 1995. L. 97: (b)(4)
and (b)(5) amended, p. 537, § 9, effective July 1. L. 2003: Entire section amended, p. 1251, § 16,
effective July 1, 2004. L. 2015: (b)(1), (b)(4), (b)(5), and (e) amended, (HB 15-1198), ch. 173, p.
551, § 18, effective July 1.
14-5-308. Duty of attorney general. (a) If the attorney general determines that the
support enforcement agency is neglecting or refusing to provide services to an individual, the
attorney general may order the agency to perform its duties under this article or may provide
those services directly to the individual.
(b) The attorney general may determine that a foreign country has established a
reciprocal arrangement for child support with this state and take appropriate action for
notification of the determination.
Source: L. 93: Entire article R&RE, p. 1591, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1252, § 17, effective July 1, 2004. L. 2015: (b) amended, (HB
15-1198), ch. 173, p. 551, § 19, effective July 1.
Editor's note: This section is similar to former § 14-5-113 as it existed prior to 1993.
14-5-309. Private counsel. An individual may employ private counsel to represent the
individual in proceedings authorized by this article.
Source: L. 93: Entire article R&RE, p. 1591, § 1, effective January 1, 1995.
14-5-310. Duties of state information agency. (a) The state department of human
services is the state information agency under this article.
(b) The state information agency shall:
(1) Compile and maintain a current list, including addresses, of the tribunals in this state
which have jurisdiction under this article and any support enforcement agencies in this state and
transmit a copy to the state information agency of every other state;
(2) Maintain a register of names and addresses of tribunals and support enforcement
agencies received from other states;
(3) Forward to the appropriate tribunal in the county in this state in which the obligee
who is an individual or the obligor resides, or in which the obligor's property is believed to be
Colorado Revised Statutes 2023 Uncertified PrintoutPage 34 of 247
located, all documents concerning a proceeding under this article received from another state or
a foreign country; and
(4) Obtain information concerning the location of the obligor and the obligor's property
within this state not exempt from execution, by such means as postal verification and federal or
state locator services, examination of telephone directories, requests for the obligor's address
from employers, and examination of governmental records, including, to the extent not
prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation,
motor vehicles, driver's licenses, and social security.
Source: L. 93: Entire article R&RE, p. 1591, § 1, effective January 1, 1995. L. 94: (a)
amended, p. 2644, § 102, effective July 1. L. 2003: (b)(2) and (b)(3) amended, p. 1252, § 18,
effective July 1, 2004. L. 2015: (b)(3) amended, (HB 15-1198), ch. 173, p. 551, § 20, effective
July 1.
Editor's note: This section is similar to former § 14-5-118 as it existed prior to 1993.
Cross references: For the legislative declaration contained in the 1994 act amending
subsection (a), see section 1 of chapter 345, Session Laws of Colorado 1994.
14-5-311. Pleadings and accompanying documents. (a) In a proceeding under this
article, a petitioner seeking to establish a support order, to determine parentage of a child, or to
register and modify a support order of a tribunal of another state or a foreign country must file a
petition. Unless otherwise ordered under section 14-5-312, the petition or accompanying
documents must provide, so far as known, the name, residential address, and social security
numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex,
residential address, social security number, and date of birth of each child for whose benefit
support is sought or whose parentage is to be determined. Unless filed at the time of registration,
the petition must be accompanied by a copy of any support order known to have been issued by
another tribunal. The petition may include any other information that may assist in locating or
identifying the respondent.
(b) The petition must specify the relief sought. The petition and accompanying
documents must conform substantially with the requirements imposed by the forms mandated by
federal law for use in cases filed by a support enforcement agency.
Source: L. 93: Entire article R&RE, p. 1592, § 1, effective January 1, 1995. L. 97: (a)
amended, p. 538, § 10, effective July 1. L. 2003: (a) amended, p. 1253, § 19, effective July 1,
2004. L. 2015: (a) amended, (HB 15-1198), ch. 173, p. 552, § 21, effective July 1.
Editor's note: This section is similar to former § 14-5-112 as it existed prior to 1993.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 35 of 247
14-5-312. Nondisclosure of information in exceptional circumstances. If a party
alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or
child would be jeopardized by disclosure of specific identifying information, that information
shall be sealed and may not be disclosed to the other party or the public. After a hearing in which
a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal
may order disclosure of information that the tribunal determines to be in the interest of justice.
Source: L. 93: Entire article R&RE, p. 1592, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1253, § 20, effective July 1, 2004.
14-5-313. Costs and fees. (a) The petitioner may not be required to pay a filing fee or
other costs.
(b) If an obligee prevails, a responding tribunal of this state may assess against an
obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other
reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not
assess fees, costs, or expenses against the obligee or the support enforcement agency of either
the initiating or the responding state or foreign country, except as provided by other law.
Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may
enforce the order in the attorney's own name. Payment of support owed to the obligee has
priority over fees, costs, and expenses.
(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it
determines that a hearing was requested primarily for delay. In a proceeding under part 6 of this
article, a hearing is presumed to have been requested primarily for delay if a registered support
order is confirmed or enforced without change.
Source: L. 93: Entire article R&RE, p. 1592, § 1, effective January 1, 1995. L. 2003: (c)
amended, p. 1253, § 21, effective July 1, 2004. L. 2015: (b) amended, (HB 15-1198), ch. 173, p.
552, § 22, effective July 1.
Editor's note: This section is similar to former § 14-5-116 as it existed prior to 1993.
14-5-314. Limited immunity of petitioner. (a) Participation by a petitioner in a
proceeding under this article before a responding tribunal, whether in person, by private
attorney, or through services provided by the support enforcement agency, does not confer
personal jurisdiction over the petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil process while physically present in
this state to participate in a proceeding under this article.
(c) The immunity granted by this section does not extend to civil litigation based on acts
unrelated to a proceeding under this article committed by a party while physically present in this
state to participate in the proceeding.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 36 of 247
Source: L. 93: Entire article R&RE, p. 1593, § 1, effective January 1, 1995. L. 2003: (a)
and (c) amended, p. 1254, § 22, effective July 1, 2004.
14-5-315. Nonparentage as defense. A party whose parentage of a child has been
previously determined by or pursuant to law may not plead nonparentage as a defense to a
proceeding under this article.
Source: L. 93: Entire article R&RE, p. 1593, § 1, effective January 1, 1995.
Editor's note: This section is similar to former § 14-5-128 as it existed prior to 1993.
14-5-316. Special rules of evidence and procedure. (a) The physical presence of a
nonresident party who is an individual in a tribunal of this state is not required for the
establishment, enforcement, or modification of a support order or the rendition of a judgment
determining parentage of a child.
(b) An affidavit, a document substantially complying with federally mandated forms, or
a document incorporated by reference in any of them, which would not be excluded under the
hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a
party or witness residing outside this state.
(c) A copy of the record of child support payments certified as a true copy of the original
by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence
of facts asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal
health care of the mother and child, furnished to the adverse party at least ten days before trial,
are admissible in evidence to prove the amount of the charges billed and that the charges were
reasonable, necessary, and customary.
(e) Documentary evidence transmitted from outside this state to a tribunal of this state by
telephone, telecopier, or other electronic means that do not provide an original record may not be
excluded from evidence on an objection based on the means of transmission.
(f) In a proceeding under this article, a tribunal of this state shall permit a party or
witness residing outside this state to be deposed or to testify under penalty of perjury by
telephone, audiovisual means, or other electronic means at a designated tribunal or other
location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate
location for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to answer on the ground that the
testimony may be self-incriminating, the trier of fact may draw an adverse inference from the
refusal.
(h) A privilege against disclosure of communications between spouses does not apply in
a proceeding under this article.
(i) The defense of immunity based on the relationship of husband and wife or parent and
child does not apply in a proceeding under this article.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 37 of 247
(j) A voluntary acknowledgment of parentage, certified as a true copy, is admissible to
establish parentage of the child.
Source: L. 93: Entire article R&RE, p. 1593, § 1, effective January 1, 1995. L. 2003: (a),
(b), (e), and (f) amended and (j) added, p. 1254, § 23, effective July 1, 2004. L. 2015: (a), (b),
(d), (e), and (f) amended, (HB 15-1198), ch. 173, p. 552, § 23, effective July 1. L. 2022: (j)
amended (HB 22-1153), ch. 210, p. 1394, § 6, effective August 10.
Editor's note: This section is similar to former §§ 14-5-121 and 14-5-124 as they existed
prior to 1993.
Cross references: For privileged evidence of husband and wife generally, see §§
13-90-107 and 13-90-108.
14-5-317. Communications between tribunals. A tribunal of this state may
communicate with a tribunal outside this state in a record, or by telephone, electronic mail, or
other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or
order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar
information by similar means to a tribunal outside this state.
Source: L. 93: Entire article R&RE, p. 1594, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1254, § 24, effective July 1, 2004. L. 2015: Entire section amended,
(HB 15-1198), ch. 173, p. 553, § 24, effective July 1.
14-5-318. Assistance with discovery. A tribunal of this state may:
(1) Request a tribunal outside this state to assist in obtaining discovery; and
(2) Upon request, compel a person over which it has jurisdiction to respond to a
discovery order issued by a tribunal outside this state.
Source: L. 93: Entire article R&RE, p. 1594, § 1, effective January 1, 1995. L. 2015:
Entire section amended, (HB 15-1198), ch. 173, p. 553, § 25, effective July 1.
14-5-319. Receipt and disbursement of payments. (a) A support enforcement agency
or tribunal of this state shall disburse promptly any amounts received pursuant to a support
order, as directed by the order. The agency or tribunal shall furnish to a requesting party or
tribunal of another state or a foreign country a certified statement by the custodian of the record
of the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in
this state, upon request from the support enforcement agency of this state or another state, the
support enforcement agency of this state or a tribunal of this state shall:
Colorado Revised Statutes 2023 Uncertified PrintoutPage 38 of 247
(1) Direct that the support payment be made to the support enforcement agency in the
state in which the obligee is receiving services; and
(2) Issue and send to the obligor's employer a conforming income-withholding order or
an administrative notice of change of payee, reflecting the redirected payments.
(c) The support enforcement agency of this state receiving redirected payments from
another state pursuant to a law similar to subsection (b) of this section shall furnish to a
requesting party or tribunal of the other state a certified statement by the custodian of the record
of the amount and dates of all payments received.
Source: L. 93: Entire article R&RE, p. 1594, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1255, § 25, effective July 1, 2004. L. 2015: (a) amended, (HB
15-1198), ch. 173, p. 553, § 26, effective July 1.
PART 4
ESTABLISHMENT OF SUPPORT ORDER
OR DETERMINATION OF PARENTAGE
COMMENT
A fundamental principle of U.S.
jurisprudence is that our courts are open to
litigants with a valid cause of action. This
article makes clear this principle applies
tosupport actions, whether initiated by a
resident of the United States or of a foreign
nation.
14-5-401. Establishment of support order. (a) If a support order entitled to recognition
under this article has not been issued, a responding tribunal of this state with personal
jurisdiction over the parties may issue a support order if:
(1) The individual seeking the order resides outside this state; or
(2) The support enforcement agency seeking the order is located outside this state.
(b) The tribunal may issue a temporary child support order if the tribunal determines that
such an order is appropriate and the individual ordered to pay is:
(1) A presumed father of the child;
(2) Petitioning to have his paternity adjudicated;
(3) Identified as the father of the child through genetic testing;
(4) An alleged father who has declined to submit to genetic testing;
(5) Shown by clear and convincing evidence to be the father of the child;
(6) An acknowledged father as provided by section 19-4-105 (1)(e), C.R.S.;
(7) The mother of the child; or
Colorado Revised Statutes 2023 Uncertified PrintoutPage 39 of 247
(8) An individual who has been ordered to pay child support in a previous proceeding
and the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of
support, the tribunal shall issue a support order directed to the obligor and may issue other orders
pursuant to section 14-5-305.
Source: L. 93: Entire article R&RE, p. 1594, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1255, § 26, effective July 1, 2004. L. 2015: Entire part amended, (HB
15-1198), ch. 173, p. 553, § 27, effective July 1.
Editor's note: This section is similar to former § 14-5-105 as it existed prior to 1993.
14-5-402. Proceeding to determine parentage. A tribunal of this state authorized to
determine parentage of a child may serve as a responding tribunal in a proceeding to determine
parentage of a child brought under this article or a law or procedure substantially similar to this
article.
Source: L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 554, § 27, effective
July 1.
PART 5
ENFORCEMENT OF ORDER OF
ANOTHER STATE WITHOUT REGISTRATION
Editor's note: This article was repealed and reenacted in 1993, and this part 5 was
subsequently amended with relocations in 1997, resulting in the addition, relocation, and
elimination of sections as well as subject matter. For amendments to this part 5 prior to 1997,
consult the Colorado statutory research explanatory note and the table itemizing the replacement
volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the
front of this volume and the editor's note following the article heading. Former C.R.S. section
numbers prior to 1997 are shown in editor's notes following those sections that were relocated.
INTRODUCTORY COMMENT
This article governs direct filing of
an income withholding order from one state
to an employer in another state. Except as
provided in Section 507, the provisions of
this article only apply to an interstate case
and do not apply to an income-withholding
order from a foreign country. While U.S.
employers routinely enforce sister state
income- withholding orders, enforcement of
the wide variety of possible foreign support
orderswould provide too many complexities
and challenges to justify requiring an
Colorado Revised Statutes 2023 Uncertified PrintoutPage 40 of 247
employer to interpret and enforce an
ostensible foreign income-withholding
order. Indeed, income- withholding orders
from a foreign country are quite rare at this
time, although instances of that enforcement
remedy probably will increase in the future.
14-5-501. Employer's receipt of income-withholding order of another state. An
income-withholding order issued in another state may be sent by or on behalf of the obligee, or
by the support enforcement agency, to the person defined as the obligor's employer under the
income-withholding law of this state without first filing a petition or comparable pleading or
registering the order with a tribunal of this state.
Source: L. 97: Entire part amended with relocations, p. 538, § 11, effective July 1; entire
section amended, p. 1263, § 5, effective July 1. L. 2000: Entire section amended, p. 1709, § 4,
effective July 1. L. 2003: Entire section amended, p. 1256, § 27, effective July 1, 2004.
Editor's note: This section was formerly numbered as § 14-5-501 IP(a), and the other
provisions of former § 14-5-501 were relocated to § 14-5-502 in 1997.
Cross references: For the legislative declaration contained in the 1997 act amending this
section, see section 1 of chapter 236, Session Laws of Colorado 1997.
14-5-502. Employer's compliance with income-withholding order of another state.
(a) Upon receipt of an income-withholding order, the obligor's employer shall immediately
provide a copy of the order to the obligor.
(b) The employer shall treat an income-withholding order issued in another state which
appears regular on its face as if it had been issued by a tribunal of this state.
(c) Except as otherwise provided in subsection (d) of this section and section 14-5-503
the employer shall withhold and distribute the funds as directed in the withholding order by
complying with terms of the order which specify:
(1) The duration and amount of periodic payments of current child support, stated as a
sum certain;
(2) The person designated to receive payments and the address to which the payments
are to be forwarded;
(3) Medical support, whether in the form of periodic cash payment, stated as a sum
certain, or ordering the obligor to provide health insurance coverage for the child under a policy
available through the obligor's employment;
(4) The amount of periodic payments of fees and costs for a support enforcement
agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(5) The amount of periodic payments of arrearages and interest on arrearages, stated as
sums certain.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 41 of 247
(d) An employer shall comply with the law of the state of the obligor's principal place of
employment for withholding from income with respect to:
(1) The employer's fee for processing an income-withholding order;
(2) The maximum amount permitted to be withheld from the obligor's income; and
(3) The times within which the employer must implement the withholding order and
forward the child support payment.
Source: L. 97: Entire part amended with relocations, p. 539, § 11, effective July 1; (b)
amended, p. 1264, § 6, effective July 1. L. 98: (b) amended, p. 753, § 1, effective July 1. L.
2000: (b) amended, p. 1709, § 5, effective July 1. L. 2003: (c)(2) amended, p. 1256, § 28,
effective July 1, 2004.
Editor's note: This section was formerly numbered as § 14-5-501 (a)(1), (a)(2), and
(a)(3), and the former § 14-5-502 was relocated to § 14-5-507.
Cross references: For the legislative declaration contained in the 1997 act amending
subsection (b), see section 1 of chapter 236, Session Laws of Colorado 1997.
14-5-503. Employer's compliance with two or more income-withholding orders. If an
obligor's employer receives two or more income-withholding orders with respect to the earnings
of the same obligor, the employer satisfies the terms of the orders if the employer complies with
the law of the state of the obligor's principal place of employment to establish the priorities for
withholding and allocating income withheld for two or more child support obligees.
Source: L. 97: Entire part amended with relocations, p. 540, § 11, effective July 1. L.
2003: Entire section amended, p. 1256, § 29, effective July 1, 2004.
14-5-504. Immunity from civil liability. An employer that complies with an
income-withholding order issued in another state in accordance with this article is not subject to
civil liability to an individual or agency with regard to the employer's withholding of child
support from the obligor's income.
Source: L. 97: Entire part amended with relocations, p. 540, § 11, effective July 1. L.
2015: Entire section amended, (HB 15-1198), ch. 173, p. 554, § 28, effective July 1.
14-5-505. Penalties for noncompliance. An employer that willfully fails to comply with
an income-withholding order issued in another state and received for enforcement is subject to
the same penalties that may be imposed for noncompliance with an order issued by a tribunal of
this state.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 42 of 247
Source: L. 97: Entire part amended with relocations, p. 540, § 11, effective July 1. L.
2015: Entire section amended, (HB 15-1198), ch. 173, p. 554, § 29, effective July 1.
14-5-506. Contest by obligor. (a) An obligor may contest the validity or enforcement of
an income-withholding order issued in another state and received directly by an employer in this
state by registering the order in a tribunal of this state and filing a contest to that order as
provided in part 6 of this article, or otherwise contesting the order in the same manner as if the
order had been issued by a tribunal of this state.
(b) The obligor shall give notice of the contest to:
(1) A support enforcement agency providing services to the obligee;
(2) Each employer that has directly received an income-withholding order relating to the
obligor; and
(3) The person designated to receive payments in the income-withholding order or if no
person is designated, to the obligee.
Source: L. 97: Entire part amended with relocations, p. 540, § 11, effective July 1. L.
2003: Entire section amended, p. 1256, § 30, effective July 1, 2004.
14-5-507. Administrative enforcement of orders. (a) A party or support enforcement
agency seeking to enforce a support order or an income-withholding order, or both, issued in
another state or a foreign support order may send the documents required for registering the
order to a support enforcement agency of this state.
(b) Upon receipt of the documents, the support enforcement agency, without initially
seeking to register the order, shall consider and, if appropriate, use any administrative procedure
authorized by the law of this state to enforce a support order or an income-withholding order, or
both. If the obligor does not contest administrative enforcement, the order need not be registered.
If the obligor contests the validity or administrative enforcement of the order, the support
enforcement agency shall register the order pursuant to this article.
Source: L. 97: Entire part amended with relocations, p. 540, § 11, effective July 1. L.
2003: (a) amended, p. 1257, § 31, effective July 1, 2004. L. 2015: (a) amended, (HB 15-1198),
ch. 173, p. 554, § 30, effective July 1.
Editor's note: This section was formerly numbered as § 14-5-502.
PART 6
REGISTRATION, ENFORCEMENT, AND MODIFICATION
OF SUPPORT ORDER
INTRODUCTORY COMMENT
Colorado Revised Statutes 2023 Uncertified PrintoutPage 43 of 247
Sections 601 through 604 establish
the basic procedure for the registration of a
support order from another state or a foreign
support order. Under RURESA when a
tribunal of a responding state was requested
to register and enforce an existing
child-support order, the common practice
was to ignore the request; rather, a separate
proceeding would be initiated for the
establishment of a new support order. This
practice was specifically rejected by UIFSA;
this practice under RURESA created the
multiple support-order system that UIFSA
was specifically designed to eliminate.
Under Sections 205 through 207 the
one-order system allows only one existing
order to be enforced prospectively.
Sections 605 through 608 provide
theprocedure for the nonregistering party to
contest registration of an order, either
because the order is allegedly invalid,
superseded, or no longer in effect, or
because the enforcement remedy being
sought is opposed by the nonregistering
party. Other enforcement remedies may be
available without resort to the UIFSA
process under the law of the responding
state. See Section 104.
The registration and enforcement
provisions in Sections 601 through 608 are
consistent with the "recognition and
enforcement" provisions of the Convention.
The terms of this article and Article 7
suffice to direct international support orders
into the proper channels.
SUBPART A
REGISTRATION FOR ENFORCEMENT
OF SUPPORT ORDER
14-5-601. Registration of order for enforcement. A support order or
income-withholding order issued in another state or a foreign support order may be registered in
this state for enforcement.
Source: L. 93: Entire article R&RE, p. 1596, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1257, § 32, effective July 1, 2004. L. 2015: Entire part amended, (HB
15-1198), ch. 173, p. 555, § 31, effective July 1.
14-5-602. Procedure to register order for enforcement. (a) Except as otherwise
provided in section 14-5-706, a support order or income-withholding order of another state or a
foreign support order may be registered in this state by sending the following records to the
appropriate tribunal in this state:
(1) A letter of transmittal to the tribunal requesting registration and enforcement;
(2) Two copies, including one certified copy, of the order to be registered, including any
modification of the order;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 44 of 247
(3) A sworn statement by the person requesting registration or a certified statement by
the custodian of the records showing the amount of any arrearage;
(4) The name of the obligor and, if known:
(A) The obligor's address and social security number;
(B) The name and address of the obligor's employer and any other source of income of
the obligor; and
(C) A description and the location of property of the obligor in this state not exempt
from execution; and
(5) Except as otherwise provided in section 14-5-312, the name and address of the
obligee and, if applicable, the person to whom support payments are to be remitted.
(b) On receipt of a request for registration, the registering tribunal shall cause the order
to be filed as an order of a tribunal of another state or a foreign support order, together with one
copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must be affirmatively
sought under other law of this state may be filed at the same time as the request for registration
or later. The pleading must specify the grounds for the remedy sought.
(d) If two or more orders are in effect, the person requesting registration shall:
(1) Furnish to the tribunal a copy of every support order asserted to be in effect in
addition to the documents specified in this section;
(2) Specify the order alleged to be the controlling order, if any; and
(3) Specify the amount of consolidated arrears, if any.
(e) A request for a determination of which is the controlling order may be filed
separately or with a request for registration and enforcement or for registration and modification.
The person requesting registration shall give notice of the request to each party whose rights may
be affected by the determination.
Source: L. 93: Entire article R&RE, p. 1596, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1257, § 33, effective July 1, 2004. L. 2015: Entire part amended, (HB
15-1198), ch. 173, p. 555, § 31, effective July 1.
Editor's note: This section is similar to former § 14-5-140 as it existed prior to 1993.
14-5-603. Effect of registration for enforcement. (a) A support order or
income-withholding order issued in another state or a foreign support order is registered when
the order is filed in the registering tribunal of this state.
(b) A registered support order issued in another state or a foreign country is enforceable
in the same manner and is subject to the same procedures as an order issued by a tribunal of this
state.
(c) Except as otherwise provided in this part 6, a tribunal of this state shall recognize and
enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 45 of 247
Source: L. 93: Entire article R&RE, p. 1597, § 1, effective January 1, 1995. L. 2015:
Entire part amended, (HB 15-1198), ch. 173, p. 556, § 31, effective July 1.
Editor's note: This section is similar to former § 14-5-141 as it existed prior to 1993.
14-5-604. Choice of law. (a) Except as otherwise provided in subsection (d) of this
section, the law of the issuing state or foreign country governs:
(1) The nature, extent, amount, and duration of current payments under a registered
support order;
(2) The computation and payment of arrearages and accrual of interest on the arrearages
under the support order; and
(3) The existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears under a registered support order, the statute of limitation
of this state, or of the issuing state or foreign country, whichever is longer, applies.
(c) A responding tribunal of this state shall apply the procedures and remedies of this
state to enforce current support and to collect arrears and interest due on a support order of
another state or a foreign country registered in this state.
(d) After a tribunal of this state or another state determines which is the controlling order
and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply
the law of the state or foreign country issuing the controlling order, including its law on interest
on arrears, on current and future support, and on consolidated arrears.
Source: L. 93: Entire article R&RE, p. 1597, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1258, § 34, effective July 1, 2004. L. 2015: Entire part amended, (HB
15-1198), ch. 173, p. 556, § 31, effective July 1.
Editor's note: This section is similar to former § 14-5-108 as it existed prior to 1993.
SUBPART B
CONTEST OF VALIDITY OR ENFORCEMENT
14-5-605. Notice of registration of order. (a) When a support order or
income-withholding order issued in another state or a foreign support order is registered, the
registering tribunal of this state shall notify the nonregistering party. The notice must be
accompanied by a copy of the registered order and the documents and relevant information
accompanying the order.
(b) A notice must inform the nonregistering party:
(1) That a registered order is enforceable as of the date of registration in the same
manner as an order issued by a tribunal of this state;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 46 of 247
(2) That a hearing to contest the validity or enforcement of the registered order must be
requested within twenty days after notice unless the registered order is under section 14-5-707;
(3) That failure to contest the validity or enforcement of the registered order in a timely
manner will result in confirmation of the order and enforcement of the order and the alleged
arrearages; and
(4) Of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are in effect, a notice must
also:
(1) Identify the two or more orders and the order alleged by the registering party to be
the controlling order and the consolidated arrears, if any;
(2) Notify the nonregistering party of the right to a determination of which is the
controlling order;
(3) State that the procedures provided in subsection (b) of this section apply to the
determination of which is the controlling order; and
(4) State that failure to contest the validity or enforcement of the order alleged to be the
controlling order in a timely manner may result in confirmation that the order is the controlling
order.
(d) Upon registration of an income-withholding order for enforcement, the support
enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the
income-withholding law of this state.
Source: L. 93: Entire article R&RE, p. 1597, § 1, effective January 1, 1995. L. 97: (a)
and (b)(2) amended, p. 540, § 12, effective July 1. L. 2003: (b) and (c) amended and (d) added,
p. 1259, § 35, effective July 1, 2004. L. 2015: Entire part amended, (HB 15-1198), ch. 173, p.
557, § 31, effective July 1.
14-5-606. Procedure to contest validity or enforcement of registered support order.
(a) A nonregistering party seeking to contest the validity or enforcement of a registered support
order in this state shall request a hearing within the time required by section 14-5-605. The
nonregistering party may seek to vacate the registration, to assert any defense to an allegation of
noncompliance with the registered order, or to contest the remedies being sought or the amount
of any alleged arrearages pursuant to section 14-5-607.
(b) If the nonregistering party fails to contest the validity or enforcement of the
registered support order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of
the registered support order, the registering tribunal shall schedule the matter for hearing and
give notice to the parties of the date, time, and place of the hearing.
Source: L. 93: Entire article R&RE, p. 1598, § 1, effective January 1, 1995. L. 97: (a)
and (c) amended, p. 541, § 13, effective July 1. L. 2003: (a) amended, p. 1260, § 36, effective
Colorado Revised Statutes 2023 Uncertified PrintoutPage 47 of 247
July 1, 2004. L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 557, § 31, effective July
1.
14-5-607. Contest of registration or enforcement. (a) A party contesting the validity or
enforcement of a registered support order or seeking to vacate the registration has the burden of
proving one or more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting party;
(2) The order was obtained by fraud;
(3) The order has been vacated, suspended, or modified by a later order;
(4) The issuing tribunal has stayed the order pending appeal;
(5) There is a defense under the law of this state to the remedy sought;
(6) Full or partial payment has been made;
(7) The statute of limitation under section 14-5-604 precludes enforcement of some or
all of the alleged arrearages; or
(8) The alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subsection (a)
of this section, a tribunal may stay enforcement of a registered support order, continue the
proceeding to permit production of additional relevant evidence, and issue other appropriate
orders. An uncontested portion of the registered support order may be enforced by all remedies
available under the law of this state.
(c) If the contesting party does not establish a defense under subsection (a) of this
section to the validity or enforcement of a registered support order, the registering tribunal shall
issue an order confirming the order.
Source: L. 93: Entire article R&RE, p. 1598, § 1, effective January 1, 1995. L. 2003:
(a)(6) and (a)(7) amended and (a)(8) added, p. 1260, § 37, effective July 1, 2004. L. 2015: Entire
part amended, (HB 15-1198), ch. 173, p. 558, § 31, effective July 1.
14-5-608. Confirmed order. Confirmation of a registered support order, whether by
operation of law or after notice and hearing, precludes further contest of the order with respect to
any matter that could have been asserted at the time of registration.
Source: L. 93: Entire article R&RE, p. 1599, § 1, effective January 1, 1995. L. 2015:
Entire part amended, (HB 15-1198), ch. 173, p. 558, § 31, effective July 1.
SUBPART C
REGISTRATION AND MODIFICATION
OF CHILD SUPPORT ORDER OF ANOTHER STATE
INTRODUCTORY COMMENT
Colorado Revised Statutes 2023 Uncertified PrintoutPage 48 of 247
Authority to modify a child-support
order of another state depends on the
interaction of these sections with the
continuing, exclusive jurisdiction of the
issuing tribunal. See Sections 205 through
206. This also might involve the
determination of the controlling order in a
situation involving multiple child-support
orders. These concepts are not present in the
international context. See Sections 615, 616,
and 711. Thus, modification of a support
order from a foreign country other than a
Convention country is not governed by
Sections 609-614, but is subject to Sections
615-616, infra.
Sections 609 through 614 apply only
to modification of an interstate child-support
order. Most of the act applies to "a support
order," which includes both child-support
and spousal support. Both categories are
generally subject to interstate enforcement
underUIFSA. But, as a practical matter, the
actual process of that enforcement is quite
different. Child support is enforced almost
exclusively by governmentally sponsored
Title IV-D agencies, which also may enforce
spousal support if it is included in the same
order. In some states, local funds are
appropriated for enforcement of spousal
support as well. Only occasionally will a
private attorney be involved in a
child-support case, but spousal support not
issued in conjunction with a child-support
order generally requires representation pro
se or by private counsel. More importantly,
a tribunal of a responding state may enforce
spousal support, but it does not have
authority to modify a spousal-support order
of another state or foreign country unless the
law of that jurisdiction does not assert
continuing, exclusive jurisdiction over its
order. See Section 211.
14-5-609. Procedure to register child support order of another state for
modification. A party or support enforcement agency seeking to modify, or to modify and
enforce, a child support order issued in another state shall register that order in this state in the
same manner provided in sections 14-5-601 through 14-5-608 if the order has not been
registered. A petition for modification may be filed at the same time as a request for registration,
or later. The pleading must specify the grounds for modification.
Source: L. 93: Entire article R&RE, p. 1599, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1260, § 38, effective July 1, 2004. L. 2015: Entire part amended, (HB
15-1198), ch. 173, p. 559, § 31, effective July 1.
Editor's note: This section is similar to former § 14-5-110 as it existed prior to 1993.
14-5-610. Effect of registration for modification. A tribunal of this state may enforce a
child support order of another state registered for purposes of modification, in the same manner
Colorado Revised Statutes 2023 Uncertified PrintoutPage 49 of 247
as if the order had been issued by a tribunal of this state, but the registered support order may be
modified only if the requirements of section 14-5-611 or 14-5-613 have been met.
Source: L. 93: Entire article R&RE, p. 1599, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1260, § 39, effective July 1, 2004. L. 2015: Entire part amended, (HB
15-1198), ch. 173, p. 559, § 31, effective July 1.
14-5-611. Modification of child support order of another state. (a) If section
14-5-613 does not apply, upon petition a tribunal of this state may modify a child support order
issued in another state which order is registered in this state if, after notice and hearing, the
tribunal finds that:
(1) The following requirements are met:
(A) Neither the child, nor the obligee who is an individual, nor the obligor resides in the
issuing state;
(B) A petitioner who is a nonresident of this state seeks modification; and
(C) The respondent is subject to the personal jurisdiction of the tribunal of this state; or
(2) This state is the residence of the child or a party who is an individual is subject to the
personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have
filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support
order and assume continuing, exclusive jurisdiction.
(b) Modification of a registered child support order is subject to the same requirements,
procedures, and defenses that apply to the modification of an order issued by a tribunal of this
state and the order may be enforced and satisfied in the same manner.
(c) A tribunal of this state may not modify any aspect of a child support order that may
not be modified under the law of the issuing state, including the duration of the obligation of
support. If two or more tribunals have issued child support orders for the same obligor and same
child, the order that controls and must be so recognized under section 14-5-207 establishes the
aspects of the support order which are nonmodifiable.
(d) In a proceeding to modify a child support order, the law of the state that is
determined to have issued the initial controlling order governs the duration of the obligation of
support. The obligor's fulfillment of the duty of support established by that order precludes
imposition of a further obligation of support by a tribunal of this state.
(e) On issuance of an order by a tribunal of this state modifying a child support order
issued in another state, the tribunal of this state becomes the tribunal having continuing,
exclusive jurisdiction.
(f) Notwithstanding subsections (a) through (e) of this section and section 14-5-201 (b),
a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(1) One party resides in another state; and
(2) The other party resides outside the United States.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 50 of 247
Source: L. 93: Entire article R&RE, p. 1599, § 1, effective January 1, 1995. L. 97:
Entire section amended, p. 541, § 14, effective July 1. L. 2003: Entire section amended, p. 1260,
§ 40, effective July 1, 2004. L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 559, § 31,
effective July 1.
14-5-612. Recognition of order modified in another state. If a child support order
issued by a tribunal of this state is modified by a tribunal of another state which assumed
jurisdiction pursuant to the "Uniform Interstate Family Support Act", a tribunal of this state:
(1) May enforce its order that was modified only as to arrears and interest accruing
before the modification;
(2) May provide appropriate relief for violations of its order which occurred before the
effective date of the modification; and
(3) Shall recognize the modifying order of the other state, upon registration, for the
purpose of enforcement.
(4) (Deleted by amendment, L. 2003, p. 1261, § 41, effective July 1, 2004.)
Source: L. 93: Entire article R&RE, p. 1600, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1261, § 41, effective July 1, 2004. L. 2015: Entire part amended, (HB
15-1198), ch. 173, p. 560, § 31, effective July 1.
Editor's note: This section is similar to former § 14-5-110 as it existed prior to 1993.
14-5-613. Jurisdiction to modify child support order of another state when
individual parties reside in this state. (a) If all of the parties who are individuals reside in this
state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to
enforce and to modify the issuing state's child support order in a proceeding to register that
order.
(b) A tribunal of this state exercising jurisdiction under this section shall apply the
provisions of parts 1 and 2 of this article, this part 6, and the procedural and substantive law of
this state to the proceeding for enforcement or modification. Parts 3, 4, 5, 7, and 8 of this article
do not apply.
Source: L. 97: Entire section added, p. 542, § 15, effective July 1. L. 2015: Entire part
amended, (HB 15-1198), ch. 173, p. 560, § 31, effective July 1.
14-5-614. Notice to issuing tribunal of modification. Within thirty days after issuance
of a modified child support order, the party obtaining the modification shall file a certified copy
of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier
order, and in each tribunal in which the party knows the earlier order has been registered. A
party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by
a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity
Colorado Revised Statutes 2023 Uncertified PrintoutPage 51 of 247
or enforceability of the modified order of the new tribunal having continuing, exclusive
jurisdiction.
Source: L. 97: Entire section added, p. 542, § 15, effective July 1. L. 2015: Entire part
amended, (HB 15-1198), ch. 173, p. 560, § 31, effective July 1.
SUBPART D
REGISTRATION AND MODIFICATION
OF FOREIGN CHILD SUPPORT ORDER
14-5-615. Jurisdiction to modify child support order of foreign country. (a) Except
as otherwise provided in section 14-5-711, if a foreign country lacks or refuses to exercise
jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may
assume jurisdiction to modify the child support order and bind all individuals subject to the
personal jurisdiction of the tribunal whether the consent to modification of a child support order
otherwise required of the individual pursuant to section 14-5-611 has been given or whether the
individual seeking modification is a resident of this state or of the foreign country.
(b) An order issued by a tribunal of this state modifying a foreign child support order
pursuant to this section is the controlling order.
Source: L. 2003: Entire section added, p. 1262, § 42, effective July 1, 2004. L. 2015:
Entire part amended, (HB 15-1198), ch. 173, p. 561, § 31, effective July 1.
14-5-616. Procedure to register child support order of foreign country for
modification. A party or support enforcement agency seeking to modify, or to modify and
enforce, a foreign child support order not under the Convention may register that order in this
state under sections 14-5-601 through 14-5-608 if the order has not been registered. A petition
for modification may be filed at the same time as a request for registration, or at another time.
The petition must specify the grounds for modification.
Source: L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 561, § 31, effective
July 1.
PART 7
SUPPORT PROCEEDING UNDER CONVENTION
Editor's note: This article was repealed and reenacted in 1993, and this part 7 was
subsequently repealed and reenacted in 2015 resulting in the addition, relocation, or elimination
of sections as well as subject matter. For amendments to this part 7 prior to 2015, consult the
Colorado Revised Statutes 2023 Uncertified PrintoutPage 52 of 247
2014 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning
on page vii in the front of this volume.
INTRODUCTORY COMMENT
This article contains provisions
adapted from the Convention that could not
be readily integrated into the existing body
of Articles 1 through 6. For the most part,
extending the coverage of UIFSA (2008) to
foreign countries was a satisfactory solution
to merge the appropriate Convention terms
into this act. In understanding this process, it
must be clearly stated that the terms of the
Convention are not substantive law.
The Convention is a multilateral
treaty which binds the United States and the
other Convention countries to assure
compliance. As such, it will be the law of
the land; but the treaty is not self-executing.
See,Medellin v. Texas, 552 U.S. 491, 128
S.Ct. 1346, 170 L.Ed.2d 190 (2008). Thus,
the ultimate enforcement of the treaty in the
United States is dependent on the key
implementing federal law and the enactment
of both federal and state legislation which
provide the mechanism for enforcing the
requirements of the Convention. This act is
predicated on the principle that the
enactment of UIFSA (2008) in all States and
federal jurisdictions will effectively
implement the Convention through state law
by amending Articles 1 through 6, plus the
addition of this article. The treaty, in
essence, establishes the framework for a
system of internationalcooperation by
emulating the interstate effect of UIFSA for
international cases, especially those affected
by the Convention.
In relatively few instances, the
provisions of the Convention are sufficiently
specific that a choice was made between
amending UIFSA accordingly, with a
disproportionate effect on all support orders
enforced under state law, or accommodating
potential conflicts by creating a separate
article to apply only to Convention support
orders. The choice was to draft this article as
state law to minimize disruption to interstate
support orders, which constitute the vast
majority of orders processed under UIFSA.
Note that this act is the substantive and
procedural state law for: (1) responding to
an application for establishment, recognition
and enforcement, or modification of a
Convention support order; and, (2) initiating
an application to a Convention country for
similar action.
The four Hague maintenance
conventions that preceded the 2007
Convention, and the three prior versions of
UIFSA, have common goals. The
distinctions between the jurisdictional rules
in the common-law tradition in the United
States, and the civil law systems in most of
the countries that were parties to the earlier
maintenance conventions, were obstacles to
participation of the United States in any of
the multilateral maintenance treaties. As the
world has grown smaller and globalization
has become the order of the day, reconciling
the differences has become more and more
important. Understanding the necessity for
accommodation has made the task easier.
This is not to say easy, as evidenced by the
fact that the formal negotiations leading to
the final text of the Convention spanned
Colorado Revised Statutes 2023 Uncertified PrintoutPage 53 of 247
from May, 2003, to November, 2007.
The United States signed the
Convention on November 23, 2007 and the
Senate gave its advice and consent
toratification in 2010. Enabling federal
legislation was enacted on September 29,
2014 which requires all states to enact
UIFSA (2008) by the end of 2015. At that
point the United States will deposit its
instrument of ratification and the
Convention will enter into force in the
United States.
UIFSA (2008) and the 2007
Convention have far more in common than
did former uniform acts and maintenance
conventions, and, in fact, many provisions
of the Convention are modeled on UIFSA
principles. The negotiations demonstrated
that it is possible to draft an international
convention, which incorporates core UIFSA
principles into a system for the
establishment and enforcement of child
support and spousal-support orders across
international borders, and creates an
efficient, economical, and expeditious
procedure to accomplish these goals.
Matters in common, however, go far beyond
identical goals. The negotiations provided
an opportunity for an extended interchange
of ideas about how to adapt legal
mechanisms to facilitate child support
enforcement between otherwise disparate
legal systems.
I n t e r n a t i o n a l c r o s s - b o r d e r
enforcement has been far more important in
Western Europe, and more recently,
throughout the countries of the European
Union than has been the case in the United
States. On the other hand, experience with
establishment and enforcement of interstate
child-support orders in the United States has
been building since 1950, and accelerated
rapidly with enactment of Title IV-D of the
Social Security Act in 1975. Clearly, the
issues are far easier to deal with nationally
because of the common language, currency,
and legal system, and, since 1996, with the
Title IV-D requirement that all states enact
the same version of UIFSA. In fact, since
the advent of UIFSA and Title IV-D,
millions of interstate cases have been
p r o c e s s e d t h r o u g h t h e c h i l d
supportenforcement system and thousands
of support orders from other countries have
also been registered and enforced in the
United States because UIFSA treated such
orders as if they had been entered by one of
the states. In the future, in Convention
countries, this country's orders will be
entitled to similar treatment. The entry into
force of the Convention is designed to
further improve the process and will most
certainly lead in a few years to a substantial
increase in international cases, both
incoming and outgoing.
To create UIFSA (2008), it
wasnecessary to integrate the texts of
UIFSA (2001) and the Convention. This did
not present a significant drafting challenge
for the most part. By far the most common
amendment in Articles 1 through 6 is to
substitute "state or foreign country" for the
term "state." These simple amendments
expanded a majority of this act to cover
foreign support orders. In this article
statutory directions are given to "a tribunal
of this state," and also to a "governmental
entity, individual petitioner, support
enforcement agency, or a party."
Colorado Revised Statutes 2023 Uncertified PrintoutPage 54 of 247
14-5-701. Definitions. In this part 7:
(1) "Application" means a request under the Convention by an obligee or obligor, or on
behalf of a child, made through a central authority for assistance from another central authority.
(2) "Central authority" means the entity designated by the United States or a foreign
country described in section 14-5-102 (3.3)(D) to perform the functions specified in the
Convention.
(3) "Convention support order" means a support order of a tribunal of a foreign country
described in section 14-5-102 (3.3)(D).
(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a
proceeding involving an obligee, obligor, or child residing outside the United States.
(5) "Foreign central authority" means the entity designated by a foreign country
described in section 14-5-102 (3.3)(D) to perform the functions specified in the Convention.
(6) "Foreign support agreement":
(A) Means an agreement for support in a record that:
(i) Is enforceable as a support order in the country of origin;
(ii) Has been:
(I) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(II) Authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii) May be reviewed and modified by a foreign tribunal; and
(B) Includes a maintenance arrangement or authentic instrument under the Convention.
(7) "United States central authority" means the secretary of the United States department
of health and human services.
Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 561, § 32, effective July
1.
14-5-702. Applicability. This part 7 applies only to a support proceeding under the
Convention. In such a proceeding, if a provision of this part 7 is inconsistent with parts 1 through
6 of this article, this part 7 controls.
Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 562, § 32, effective July
1.
14-5-703. Relationship of state department of human services to United States
central authority. The state department of human services of this state is recognized as the
agency designated by the United States central authority to perform specific functions under the
Convention.
Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 562, § 32, effective July
1.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 55 of 247
14-5-704. Initiation by state department of human services of support proceeding
under Convention. (a) In a support proceeding under this part 7, the state department of human
services of this state shall:
(1) Transmit and receive applications; and
(2) Initiate or facilitate the institution of a proceeding regarding an application in a
tribunal of this state.
(b) The following support proceedings are available to an obligee under the Convention:
(1) Recognition or recognition and enforcement of a foreign support order;
(2) Enforcement of a support order issued or recognized in this state;
(3) Establishment of a support order if there is no existing order, including, if necessary,
determination of parentage of a child;
(4) Establishment of a support order if recognition of a foreign support order is refused
under section 14-5-708 (b)(2), (4), or (9);
(5) Modification of a support order of a tribunal of this state; and
(6) Modification of a support order of a tribunal of another state or a foreign country.
(c) The following support proceedings are available under the Convention to an obligor
against which there is an existing support order:
(1) Recognition of an order suspending or limiting enforcement of an existing support
order of a tribunal of this state;
(2) Modification of a support order of a tribunal of this state; and
(3) Modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of this state may not require security, bond, or deposit, however described,
to guarantee the payment of costs and expenses in proceedings under the Convention.
Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 562, § 32, effective July
1.
14-5-705. Direct request. (a) A petitioner may file a direct request seeking
establishment or modification of a support order or determination of parentage of a child. In the
proceeding, the law of this state applies.
(b) A petitioner may file a direct request seeking recognition and enforcement of a
support order or support agreement. In the proceeding, sections 14-5-706 through 14-5-713
apply.
(c) In a direct request for recognition and enforcement of a Convention support order or
foreign support agreement:
(1) A security, bond, or deposit is not required to guarantee the payment of costs and
expenses; and
(2) An obligee or obligor that in the issuing country has benefitted from free legal
assistance is entitled to benefit, at least to the same extent, from any free legal assistance
provided for by the law of this state under the same circumstances.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 56 of 247
(d) A petitioner filing a direct request is not entitled to assistance from the state child
support services agency in the state department of human services.
(e) This part 7 does not prevent the application of laws of this state that provide
simplified, more expeditious rules regarding a direct request for recognition and enforcement of
a foreign support order or foreign support agreement.
Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 563, § 32, effective July
1.
14-5-706. Registration of Convention support order. (a) Except as otherwise provided
in this part 7, a party who is an individual or that is a support enforcement agency seeking
recognition of a Convention support order shall register the order in this state as provided in part
6 of this article.
(b) Notwithstanding sections 14-5-311 and 14-5-602 (a), a request for registration of a
Convention support order must be accompanied by:
(1) A complete text of the support order or an abstract or extract of the support order
drawn up by the issuing foreign tribunal, which may be in the form recommended by The Hague
Conference on Private International Law;
(2) A record stating that the support order is enforceable in the issuing country;
(3) If the respondent did not appear and was not represented in the proceedings in the
issuing country, a record attesting, as appropriate, either that the respondent had proper notice of
the proceedings and an opportunity to be heard or that the respondent had proper notice of the
support order and an opportunity to be heard in a challenge or appeal on fact or law before a
tribunal;
(4) A record showing the amount of arrears, if any, and the date the amount was
calculated;
(5) A record showing a requirement for automatic adjustment of the amount of support,
if any, and the information necessary to make the appropriate calculations; and
(6) If necessary, a record showing the extent to which the applicant received free legal
assistance in the issuing country.
(c) A request for registration of a Convention support order may seek recognition and
partial enforcement of the order.
(d) A tribunal of this state may vacate the registration of a Convention support order
without the filing of a contest under section 14-5-707 only if, acting on its own motion, the
tribunal finds that recognition and enforcement of the order would be manifestly incompatible
with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating
the registration of a Convention support order.
Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 564, § 32, effective July
1.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 57 of 247
14-5-707. Contest of registered Convention support order. (a) Except as otherwise
provided in this part 7, sections 14-5-605 through 14-5-608 apply to a contest of a registered
Convention support order.
(b) A party contesting a registered Convention support order shall file a contest not later
than thirty days after notice of the registration, but if the contesting party does not reside in the
United States, the contest must be filed not later than sixty days after notice of the registration.
(c) If the nonregistering party fails to contest the registered Convention support order by
the time specified in subsection (b), the order is enforceable.
(d) A contest of a registered Convention support order may be based only on grounds set
forth in section 14-5-708. The contesting party bears the burden of proof.
(e) In a contest of a registered Convention support order, a tribunal of this state:
(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction;
and
(2) May not review the merits of the order.
(f) A tribunal of this state deciding a contest of a registered Convention support order
shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support
order unless there are exceptional circumstances.
Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 565, § 32, effective July
1.
14-5-708. Recognition and enforcement of registered Convention support order. (a)
Except as otherwise provided in subsection (b) of this section, a tribunal of this state shall
recognize and enforce a registered Convention support order.
(b) The following grounds are the only grounds on which a tribunal of this state may
refuse recognition and enforcement of a registered Convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public
policy, including the failure of the issuing tribunal to observe minimum standards of due
process, which include notice and an opportunity to be heard;
(2) The issuing tribunal lacked personal jurisdiction consistent with section 14-5-201;
(3) The order is not enforceable in the issuing country;
(4) The order was obtained by fraud in connection with a matter of procedure;
(5) A record transmitted in accordance with section 14-5-706 lacks authenticity or
integrity;
(6) A proceeding between the same parties and having the same purpose is pending
before a tribunal of this state and that proceeding was the first to be filed;
(7) The order is incompatible with a more recent support order involving the same
parties and having the same purpose if the more recent support order is entitled to recognition
and enforcement under this article in this state;
(8) Payment, to the extent alleged arrears have been paid in whole or in part;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 58 of 247
(9) In a case in which the respondent neither appeared nor was represented in the
proceeding in the issuing foreign country:
(A) If the law of that country provides for prior notice of proceedings, the respondent did
not have proper notice of the proceedings and an opportunity to be heard; or
(B) If the law of that country does not provide for prior notice of the proceedings, the
respondent did not have proper notice of the order and an opportunity to be heard in a challenge
or appeal on fact or law before a tribunal; or
(10) The order was made in violation of section 14-5-711.
(c) If a tribunal of this state does not recognize a Convention support order under
subsection (b)(2), (4), or (9) of this section:
(1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a
party to request the establishment of a new Convention support order; and
(2) The state department of human services shall take all appropriate measures to request
a child support order for the obligee if the application for recognition and enforcement was
received under section 14-5-704.
Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 565, § 32, effective July
1.
14-5-709. Partial enforcement. If a tribunal of this state does not recognize and enforce
a Convention support order in its entirety, it shall enforce any severable part of the order. An
application or direct request may seek recognition and partial enforcement of a Convention
support order.
Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 566, § 32, effective July
1.
14-5-710. Foreign support agreement. (a) Except as otherwise provided in subsections
(c) and (d) of this section, a tribunal of this state shall recognize and enforce a foreign support
agreement registered in this state.
(b) An application or direct request for recognition and enforcement of a foreign support
agreement must be accompanied by:
(1) A complete text of the foreign support agreement; and
(2) A record stating that the foreign support agreement is enforceable as an order of
support in the issuing country.
(c) A tribunal of this state may vacate the registration of a foreign support agreement
only if, acting on its own motion, the tribunal finds that recognition and enforcement would be
manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this state may refuse
recognition and enforcement of the agreement if it finds:
Colorado Revised Statutes 2023 Uncertified PrintoutPage 59 of 247
(1) Recognition and enforcement of the agreement is manifestly incompatible with
public policy;
(2) The agreement was obtained by fraud or falsification;
(3) The agreement is incompatible with a support order involving the same parties and
having the same purpose in this state, another state, or a foreign country if the support order is
entitled to recognition and enforcement under this article in this state; or
(4) The record submitted under subsection (b) of this section lacks authenticity or
integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must
be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal
of another state or a foreign country.
Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 567, § 32, effective July
1.
14-5-711. Modification of Convention child support order. (a) A tribunal of this state
may not modify a Convention child support order if the obligee remains a resident of the foreign
country where the support order was issued unless:
(1) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or
by defending on the merits of the case without objecting to the jurisdiction at the first available
opportunity; or
(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support
order or issue a new support order.
(b) If a tribunal of this state does not modify a Convention child support order because
the order is not recognized in this state, section 14-5-708 (c) applies.
Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 567, § 32, effective July
1.
14-5-712. Personal information - limit on use. Personal information gathered or
transmitted under this part 7 may be used only for the purposes for which it was gathered or
transmitted.
Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 568, § 32, effective July
1.
14-5-713. Record in original language - English. A record filed with a tribunal of this
state under this part 7 must be in the original language and, if not in English, must be
accompanied by an English translation.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 60 of 247
Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 568, § 32, effective July
1.
PART 8
INTERSTATE RENDITION
Cross references: For extradition procedures generally, see article 19 of title 16.
14-5-801. Grounds for rendition. (a) For purposes of this part 8, "governor" includes
an individual performing the functions of governor or the executive authority of a state covered
by this article.
(b) The governor of this state may:
(1) Demand that the governor of another state surrender an individual found in the other
state who is charged criminally in this state with having failed to provide for the support of an
obligee; or
(2) On the demand of the governor of another state, surrender an individual found in this
state who is charged criminally in the other state with having failed to provide for the support of
an obligee.
(c) A provision for extradition of individuals not inconsistent with this article applies to
the demand even if the individual whose surrender is demanded was not in the demanding state
when the crime was allegedly committed and has not fled therefrom.
Source: L. 93: Entire article R&RE, p. 1601, § 1, effective January 1, 1995. L. 2003:
(b)(2) amended, p. 1262, § 44, effective July 1, 2004.
14-5-802. Conditions of rendition. (a) Before making a demand that the governor of
another state surrender an individual charged criminally in this state with having failed to
provide for the support of an obligee, the governor of this state may require a prosecutor of this
state to demonstrate that at least sixty days previously the obligee had initiated proceedings for
support pursuant to this article or that the proceeding would be of no avail.
(b) If, under this article or a law substantially similar to this article, the governor of
another state makes a demand that the governor of this state surrender an individual charged
criminally in that state with having failed to provide for the support of a child or other individual
to whom a duty of support is owed, the governor may require a prosecutor to investigate the
demand and report whether a proceeding for support has been initiated or would be effective. If
it appears that a proceeding would be effective but has not been initiated, the governor may
delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is
demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and
Colorado Revised Statutes 2023 Uncertified PrintoutPage 61 of 247
the individual whose rendition is demanded is subject to a support order, the governor may
decline to honor the demand if the individual is complying with the support order.
Source: L. 93: Entire article R&RE, p. 1601, § 1, effective January 1, 1995. L. 2003: (a)
and (b) amended, p. 1263, § 45, effective July 1, 2004.
PART 9
MISCELLANEOUS PROVISIONS
14-5-901. Uniformity of application and construction. In applying and construing this
article, consideration shall be given to the need to promote uniformity of the law with respect to
its subject matter among states that enact it.
Source: L. 93: Entire article R&RE, p. 1602, § 1, effective January 1, 1995. L. 2003:
Entire section amended, p. 1263, § 46, effective July 1, 2004.
14-5-902. Transitional provision. This article, as amended by House Bill 15-1198,
enacted in 2015, applies to proceedings begun on or after July 1, 2015, to establish a support
order or determine parentage of a child or to register, recognize, enforce, or modify a prior
support order, determination, or agreement, whenever issued or entered.
Source: L. 93: Entire article R&RE, p. 1602, § 1, effective January 1, 1995. L. 2003: (b)
added by revision, pp. 1263, 1275, §§ 47, 72. L. 2015: Entire section RC&RE, (HB 15-1198),
ch. 173, p. 568, § 33, effective July 1.
Editor's note: Prior to the recreation and reenactment of this section in 2015, subsection
(b) provided for the repeal of this section, effective July 1, 2004. (See L. 2003, pp. 1263, 1275.)
14-5-903. Severability clause. If any provision of this article or its application to any
person or circumstance is held invalid, the invalidity does not affect other provisions or
applications of this article which can be given effect without the invalid provision or application,
and to this end the provisions of this article are severable.
Source: L. 93: Entire article R&RE, p. 1602, § 1, effective January 1, 1995.
PART 10
COLORADO IMPLEMENTATION PROVISIONS
14-5-1001. Venue. (Repealed)
Colorado Revised Statutes 2023 Uncertified PrintoutPage 62 of 247
Source: L. 93: Entire article R&RE, p. 1602, § 1, effective January 1, 1995. L. 98:
Entire section repealed, p. 753, § 2, effective July 1.
Editor's note: This section was amended by House Bill 98-1183. Those amendments
will not become effective because of the repeal of the section by Senate Bill 98-139.
14-5-1002. Jurisdiction by arrest. (Repealed)
Source: L. 93: Entire article R&RE, p. 1602, § 1, effective January 1, 1995. L. 98:
Entire section repealed, p. 754, § 3, effective July 1.
14-5-1003. Duty of officials of this state as responding state. (Repealed)
Source: L. 93: Entire article R&RE, p. 1603, § 1, effective January 1, 1995. L. 98:
Entire section repealed, p. 754, § 4, effective July 1.
14-5-1004. Proceedings not to be stayed. (Repealed)
Source: L. 93: Entire article R&RE, p. 1603, § 1, effective January 1, 1995. L. 96:
Entire section repealed, p. 593, § 5, effective July 1.
14-5-1005. Declaration of reciprocity - repeal. (Repealed)
Source: L. 93: Entire article R&RE, p. 1603, § 1, effective January 1, 1995. L. 2003: (b)
added by revision, pp. 1263, 1275, §§ 48, 72.
Editor's note: (1) This section was similar to former § 14-5-144 as it existed prior to
1993.
(2) Subsection (b) provided for the repeal of this section, effective July 1, 2004. (See L.
2003, pp. 1263, 1275.)
14-5-1006. Interstate central registry - duties as the responding and initiating state -
repeal. (Repealed)
Source: L. 93: Entire article R&RE, p. 1604, § 1, effective January 1, 1995. L. 94: (1)
amended, p. 2644, § 103, effective July 1. L. 2003: (3) added by revision, pp. 1264, 1275, §§ 49,
72.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1,
2004. (See L. 2003, pp. 1264, 1275.)
Colorado Revised Statutes 2023 Uncertified PrintoutPage 63 of 247
14-5-1007. Enforcement of interstate income withholding. (Repealed)
Source: L. 94: Entire section added, p. 1547, § 27, effective January 1, 1995. L. 96: (4)
and (5)(a) amended, p. 593, § 6, effective July 1. L. 97: (2)(e)(I) amended, p. 1264, § 7, effective
July 1. L. 98: Entire section repealed, p. 754, § 5, effective July 1.
ARTICLE 6
Nonsupport
14-6-101. Nonsupport of spouse and children - penalty. (1) Any person who willfully
neglects, fails, or refuses to provide reasonable support and maintenance for his spouse or for his
children under eighteen years of age, whether natural, adopted, or whose parentage has been
judicially determined, or who willfully fails, refuses, or neglects to provide proper care, food,
and clothing in case of sickness for his spouse or such children or any such children being
legally the inmates of a state or county home or school for children in this state, or who willfully
fails or refuses to pay to a trustee, who may be appointed by the court to receive such payment,
or to the board of control of such home or school the reasonable cost of keeping such children in
said home, or any person, being the father or mother of children under eighteen years of age,
who leaves such children with intent to abandon such children, or any man who willfully
neglects, fails, or refuses to provide proper care, food, and clothing to the mother of his child
during childbirth and attendant illness is guilty of a class 5 felony. It shall be an affirmative
defense, as defined in section 18-1-407, C.R.S., to a prosecution under this section that owing to
physical incapacity or other good cause the defendant is unable to furnish the support, care, and
maintenance required by this section. No child shall be deemed to lack proper care for the sole
reason that he is being provided remedial treatment in accordance with section 19-3-103, C.R.S.
(2) Repealed.
Source: L. 11: p. 527, § 1. C.L. § 5566. CSA: C. 83, § 1. CRS 53: § 43-1-1. L. 55: p.
287, § 1. C.R.S. 1963: § 43-1-1. L. 73: p. 547, § 1. L. 81: (1) amended, p. 901, § 1, effective
May 27. L. 87: (1) amended, p. 815, § 16, effective October 1. L. 92: (2) repealed, p. 396, § 1,
effective June 3; (1) amended, p. 202, § 7, effective August 1.
14-6-102. Suspension of sentence. (Repealed)
Source: L. 11: p. 528, § 2. C.L. § 5567. CSA: C. 83, § 2. CRS 53: § 43-1-2. C.R.S.
1963: § 43-1-2. L. 73: p. 548, § 2. L. 92: Entire section repealed, p. 396, § 2, effective June 3.
14-6-103. Extradition. It is the duty of the district attorney or other proper officer, in any
such case where the defendant is beyond the state of Colorado, to take all necessary and proper
steps and proceedings to extradite such defendant and to obtain a requisition from the governor
Colorado Revised Statutes 2023 Uncertified PrintoutPage 64 of 247
of the state of Colorado to the governor of the state in which such defendant may be found in
order to secure his return from such state to the jurisdiction in which the case is being
prosecuted. Extradition under this article shall be governed in accordance with the provisions of
article 19 of title 16, C.R.S.
Source: L. 11: p. 529, § 3. C.L. § 5568. CSA: C. 83, § 3. CRS 53: § 43-1-3. C.R.S.
1963: § 43-1-3. L. 92: Entire section amended, p. 397, § 3, effective June 3.
Cross references: For extradition procedures generally, see article 19 of title 16.
14-6-104. Jurisdiction. Courts of record in this state shall have jurisdiction under this
article as provided in this section, and a complaint or information for the violation of this article
may be filed in any court of record by the prosecuting attorney or other appropriate agency or
before the county court of the county in which such offense defined in section 14-6-101 is
committed.
Source: L. 11: p. 529, § 4. C.L. § 5569. CSA: C. 83, § 4. CRS 53: § 43-1-4. L. 61: p.
352, § 1. C.R.S. 1963: § 43-1-4. L. 64: p. 246, § 115. L. 92: Entire section amended, p. 397, § 4,
effective June 3.
14-6-105. Spouse competent witness. In all proceedings or prosecutions under this
article, a wife or husband shall be a competent witness against his spouse with or without his
consent.
Source: L. 11: p. 530, § 5. C.L. § 5570. CSA: C. 83, § 5. CRS 53: § 43-1-5. C.R.S.
1963: § 43-1-5. L. 73: p. 548, § 3.
14-6-106. Venue. If the offense charged is desertion or abandonment or neglect or
refusal to provide such children or spouse with the necessary and proper home, care, food, and
clothing, as provided in section 14-6-101, the offense shall be held to have been committed in
any county of this state in which such children or spouse may be at the time such complaint is
made.
Source: L. 11: p. 531, § 7. C.L. § 5571. CSA: C. 83, § 6. CRS 53: § 43-1-6. C.R.S.
1963: § 43-1-6. L. 73: p. 548, § 4.
14-6-107. Venue - home or school of child. If the offense charged is the neglect or
refusal to pay to the trustees of a child's home or school or the trustee who may be appointed by
the court to receive such payment the reasonable cost of keeping such child, the offense shall be
held to have been committed in the county where the child's home or school may be situated.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 65 of 247
Source: L. 11: p. 531, § 8. C.L. § 5572. CSA: C. 83, § 7. CRS 53: § 43-1-7. C.R.S.
1963: § 43-1-7.
14-6-108. Citizenship - residence. For all the purposes of this article 6, citizenship or
residence once acquired in this state by any parent of a child living in this state continues until
the child has arrived at the age of sixteen years, so long as the child continues to live in this state.
In case of prosecution under this article 6 for the violation of any of the provisions of this article
6, such citizenship or residence likewise continues so long as the spouse or parent resides in this
state and is entitled to the support or maintenance provided for in section 14-6-101.
Source: L. 11: p. 531, § 9. C.L. § 5573. CSA: C. 83, § 8. CRS 53: § 43-1-8. C.R.S.
1963: § 43-1-8. L. 73: p. 548, § 5. L. 2018: Entire section amended, (SB 18-095), ch. 96, p. 753,
§ 7, effective August 8.
Cross references: For the legislative declaration in SB 18-095, see section 1 of chapter
96, Session Laws of Colorado 2018.
14-6-109. Forfeiture of bond - disposition of fines. (1) In accordance with the laws of
this state, bond shall be set by the court. Pursuant to subsection (2) of this section, where the
defendant has been released upon deposit of cash, stocks, or bonds, or upon surety bond secured
by property, if the defendant fails to appear in accordance with the primary condition of the
bond, the court shall declare a forfeiture. Notice of the order of forfeiture shall be mailed
immediately by the court to the defendant and sureties, if any, at last known address. If the
defendant does not appear and surrender to the court having jurisdiction within thirty days from
the date of the forfeiture, or within that period satisfy the court that appearance and surrender by
the defendant is impossible and without the defendant's fault, the court shall enter judgment
against the defendant and the sureties, if any, for the amount of the bail and costs of the court
proceedings.
(2) Any moneys collected or paid upon any such execution or in any case upon said
bond shall be turned over to the clerk of the court in which the bond is given to be applied to the
child support obligation, including where the obligation is assigned to the department of human
services pursuant to section 26-2-111 (3), C.R.S.
Source: L. 11: p. 531, § 10. C.L. § 5574. CSA: C. 83, § 9. CRS 53: § 43-1-9. C.R.S.
1963: § 43-1-9. L. 73: p. 549, § 6. L. 92: Entire section amended, p. 398, § 5, effective June 3.
L. 94: (2) amended, p. 2644, § 104, effective July 1. L. 97: (1) amended, p. 561, § 4, effective
July 1; (2) amended, p. 1240, § 36, effective July 1.
Cross references: For the legislative declaration contained in the 1994 act amending
subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 66 of 247
14-6-110. Joint liability for family expenses. The expenses of the family and the
education of the children are chargeable upon the property of both husband and wife, or either of
them, and in relation thereto they may be sued jointly or separately.
Source: L. 1891: p. 238, § 1. R.S. 08: § 3021. C.L. § 5575. CSA: C. 83, § 10. CRS 53:
§ 43-1-10. C.R.S. 1963: § 43-1-10.
14-6-111. Legislative declaration. It is hereby declared to be the policy of the state of
Colorado that, in order to promote the life, health, property, and public welfare of this state, it is
necessary to establish procedures to assist in the collection of child support, maintenance where
combined with child support, and maintenance.
Source: L. 61: p. 354, § 1. CRS 53: § 43-1-11. C.R.S. 1963: § 43-1-11. L. 87: Entire
section amended, p. 593, § 16, effective July 10.
14-6-112. Procedures by clerk. (Repealed)
Source: L. 61: p. 354, § 2. CRS 53: § 43-1-12. C.R.S. 1963: § 43-1-12. L. 72: p. 558, §
14. L. 92: Entire section repealed, p. 399, § 6, effective June 3.
14-6-113. Remedies additional to those now existing. The remedies provided in this
article are in addition to and not in substitution for any other remedies.
Source: L. 61: p. 355, § 3. CRS 53: § 43-1-13. C.R.S. 1963: § 43-1-13.
ARTICLE 7
Parent and Child
Cross references: For support proceedings, see article 6 of title 19; for the "Uniform
Interstate Family Support Act", see article 5 of this title; for the "Colorado Children's Code", see
title 19.
14-7-101. Commitment of child - parent liable for support. The commitment of any
child, under any law of this state, to any state institution shall not relieve the parents or legal
guardian of such child from responsibility for the support of the child. It is the duty of any court
committing any child to any state institution or any private institution where such child is kept at
the expense of the county or state, at the time of the commitment, to forthwith notify the district
attorney, if a state expense, and the county attorney, if a county expense, of the name and
address of such parents and such other information as may be adduced at any hearing of such
case concerning the financial responsibility of the parents to care for such child. In order to
Colorado Revised Statutes 2023 Uncertified PrintoutPage 67 of 247
obtain such information, any court committing any child, at the time of commitment or at any
convenient time to be designated by the court, is authorized to require the attendance of the
parents or legal guardian upon such court to be examined under oath concerning the property,
possessions, and financial responsibility of such parents or legal guardian.
Source: L. 05: p. 295, § 1. R.S. 08: § 4739. C.L. § 5587. CSA: C. 121, § 1. CRS 53: §
43-3-1. C.R.S. 1963: § 43-3-1.
14-7-102. Action by state or county for support of child. The state of Colorado or the
county, as the case may be, at whose expense such child is kept shall be entitled to recover from
the parent, legal guardian, or other person responsible for the support of such child such sum for
the care, support, and maintenance of the child as may be reasonable therefor, and in no case
shall such sum be less than the per capita monthly or yearly amount of expense in the institution
in which the child is confined or the actual expense incurred by the state or county for the care
and maintenance of such child. Any action or proceeding by the state or county against any
parent shall be conducted in accordance with the procedure in civil cases. In case any action is
maintained by the state, it shall be brought in the name of the people of the state of Colorado,
and any moneys recovered in any action shall be paid to the state treasurer and credited to the
particular fund for the benefit of the institution having the custody and care of such child. If an
action is maintained by the county in cases where the county pays the expense of the care and
maintenance of such child, such action shall be in the name of the board of county
commissioners of such county or other body performing the functions of a board of county
commissioners, and any amount collected in any such action shall be paid to the county treasurer
of such county. When such action is prosecuted to a final judgment and judgment is rendered in
favor of the people of the state of Colorado or the board of county commissioners of the county
prosecuting such action, as the case may be, an execution may issue against the property of the
defendant as in other civil cases.
Source: L. 05: p. 295, § 2. R.S. 08: § 4740. C.L. § 5588. CSA: C. 121, § 2. CRS 53: §
43-3-2. C.R.S. 1963: § 43-3-2.
14-7-103. District and county attorneys to report actions. On or before December 1 of
each year, it shall be the duty of the district attorney and the county attorney to make a written
report to the governor of the state, stating the number of reports, provided for in section
14-7-101, received from the courts of the county or state and the nature and result of any action
directed in this article by such officers respectively to recover from such parents the expenses of
the care and maintenance of such children. If no action has been taken, such report shall detail
the reason for the failure of the officer to take action. It is the duty of the county commissioners
to pay any court costs or other expenses necessary for the prosecution of any suit provided for in
this article. Nothing in this article shall be construed to repeal any law of this state concerning
the responsibility of parents to support their children, or providing for the punishment of parents
Colorado Revised Statutes 2023 Uncertified PrintoutPage 68 of 247
or other persons responsible for the delinquency or dependency of children, or providing for the
punishment of any parents for the nonsupport of their children; and nothing in such law shall
prevent proceedings under this article in any proper case.
Source: L. 05: p. 296, § 3. R.S. 08: § 4741. C.L. § 5589. CSA: C. 121, § 3. CRS 53: §
43-3-3. C.R.S. 1963: § 43-3-3.
14-7-104. Application of article. This article 7 does not apply to liability for the support
of children admitted, certified, committed, or transferred to any public institution of this state
supervised by the department of human services for the care, support, maintenance, education, or
treatment of a person with a behavioral or mental health disorder or a person with an intellectual
and developmental disability.
Source: L. 64: p. 492, § 4. C.R.S. 1963: § 43-3-5. L. 94: Entire section amended, p.
2644, § 105, effective July 1. L. 2006: Entire section amended, p. 1396, § 39, effective August 7.
L. 2017: Entire section amended, (HB 17-1046), ch. 50, p. 157, § 6, effective March 16; entire
section amended, (SB 17-242), ch. 263, p. 1294, § 112, effective May 25.
Cross references: For the legislative declaration contained in the 1994 act amending this
section, see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative
declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
14-7-105. Recovery for child support debt. (Repealed)
Source: L. 79: Entire section added, p. 638, § 3, effective June 7. L. 81: Entire section
repealed, p. 910, § 4, effective June 8.
DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES
ARTICLE 10
Uniform Dissolution of Marriage Act
Editor's note: (1) This article was numbered as article 1 of chapter 46, C.R.S. 1963. The
provisions of this article were repealed and reenacted in 1971, resulting in the addition,
relocation, and elimination of sections as well as subject matter. For amendments to this article
prior to 1971, consult the Colorado statutory research explanatory note beginning on page vii in
the front of this volume.
(2) For the legality of common-law marriages in this state, see Graham v. Graham, 130
Colo. 225, 274 P.2d 605 (1954).
Colorado Revised Statutes 2023 Uncertified PrintoutPage 69 of 247
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14-10-101. Short title. This article shall be known and may be cited as the "Uniform
Dissolution of Marriage Act".
Source: L. 71: R&RE, p. 520, § 1. C.R.S. 1963: § 46-1-1.
14-10-102. Purposes - rules of construction. (1) This article 10 must be liberally
construed and applied to promote its underlying purposes.
(2) The underlying purposes of this article 10 are:
(a) To promote the amicable settlement of disputes that have arisen between parties to a
marriage;
(b) To mitigate the potential harm to the spouses and their children caused by the
process of legal dissolution of marriage;
(c) To make the law of legal dissolution of marriage more effective for dealing with the
realities of matrimonial experience by making an irretrievable breakdown of the marriage
relationship the sole basis for its dissolution; and
(d) To provide safeguards for a parent with a disability, pursuant to the provisions of
section 24-34-805.
Source: L. 71: R&RE, p. 520, § 1. C.R.S. 1963: § 46-1-2. L. 2018: Entire section
amended, (HB 18-1104), ch. 164, p. 1133, § 2, effective April 25.
14-10-103. Definitions and interpretation of terms. (1) As used in this article, unless
the context otherwise requires, the term "decree" includes the term "judgment"; and, for the
purposes of the tax laws of the state of Colorado or of any other jurisdiction, the term
"maintenance" includes the term "alimony".
(2) Whenever any law of this state refers to or mentions divorce, annulment, or separate
maintenance, said law shall be interpreted as if the words dissolution of marriage, declaration of
invalidity of marriage, and legal separation, respectively, were substituted therefor.
(3) On and after July 1, 1993, the term "visitation" has been changed to "parenting time".
It is not the intent of the general assembly to modify or change the meaning of the term
"visitation" nor to alter the legal rights of a parent with respect to the child as a result of
changing the term "visitation" to "parenting time".
(4) On and after February 1, 1999, the term "custody" and related terms such as
"custodial" and "custodian" have been changed to "parental responsibilities". It is not the intent
of the general assembly to modify or change the meaning of the term "custody" nor to alter the
legal rights of any custodial parent with respect to the child as a result of changing the term
"custody" to "parental responsibilities".
Colorado Revised Statutes 2023 Uncertified PrintoutPage 70 of 247
(5) As used in this article 10, unless the context otherwise requires, for purposes of
proceedings for allocation of parental responsibilities pursuant to section 14-10-123 (1.5) only,
the term "child" means an unmarried individual who has not attained twenty-one years of age.
Source: L. 71: R&RE, p. 520, § 1. C.R.S. 1963: § 46-1-4. L. 72: p. 595, § 73. L. 73: p.
552, § 1. L. 93: (3) added, p. 576, § 5, effective July 1. L. 98: (3) amended and (4) added, p.
1376, § 1, effective February 1, 1999. L. 2019: (5) added, (HB 19-1042), ch. 55, p. 193, § 4,
effective March 28.
Cross references: For the legislative declaration contained in the 1993 act enacting
subsection (3), see section 1 of chapter 165, Session Laws of Colorado 1993.
14-10-104. Uniformity of application and construction. (1) This article shall be so
applied and construed as to effectuate its general purpose to make uniform the law with respect
to the subject of this article among those states which enact it.
(2) The term "irretrievable breakdown" shall be construed as being similar to other terms
having a like import in the law of other jurisdictions adopting this or a similar law.
Source: L. 71: R&RE, p. 520, § 1. C.R.S. 1963: § 46-1-3.
14-10-104.5. Legislative declaration. The general assembly recognizes that it is in the
best interests of the parties to a marriage in which a dissolution has been granted and in which
there are children of the marriage for the parties to be able to resolve disputes that arise
subsequent to the dissolution in an amicable and fair manner. The general assembly further
recognizes that, in most cases, it is in the best interests of the children of the marriage to have a
relationship with both parents, including a parent with a disability, and that, in most cases, it is
the parents' right to have a relationship with their children. The general assembly emphasizes
that one of the underlying purposes of this article 10 is to mitigate the potential harm to the
spouses and their children and the relationships between the parents and their children caused by
the process of legal dissolution of marriage. The general assembly recognizes that when a
marriage in which children are involved is dissolved, both parties either agree to or are subject to
orders that contain certain obligations and commitments. The general assembly declares that the
honoring and enforcing of those obligations and commitments made by both parties are
necessary to maintaining a relationship that is in the best interest of the children of the marriage.
Therefore, the general assembly declares that both parties should honor and fulfill all of the
obligations and commitments made between the parties and ordered by the court.
Source: L. 88: Entire section added, p. 633, § 8, effective July 1. L. 98: Entire section
amended, p. 1376, § 2, effective February 1, 1999. L. 2018: Entire section amended, (HB
18-1104), ch. 164, p. 1134, § 3, effective April 25.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 71 of 247
14-10-105. Application of Colorado rules of civil procedure. (1) The Colorado rules
of civil procedure apply to all proceedings under this article, except as otherwise specifically
provided in this article.
(2) A proceeding for dissolution of marriage, legal separation, or declaration of
invalidity of marriage shall be entitled "In re the Marriage of ........ and ..........". A proceeding for
the allocation of parental responsibilities or a support proceeding shall be entitled "In re the
(Parental responsibilities concerning) (Support of) ..........".
(2.5) A proceeding for dissolution of a civil union, legal separation, or declaration of
invalidity of a civil union shall be entitled "In re the Civil Union of ........ and ........".
(3) The initial pleading in all proceedings under this article shall be denominated a
petition. A responsive pleading shall be denominated a response. Other pleadings and all
pleadings in other matters under this article shall be denominated as provided in the Colorado
rules of civil procedure.
Source: L. 71: R&RE, p. 521, § 1. C.R.S. 1963: § 46-1-5. L. 98: (2) amended, p. 1395,
§ 33, effective February 1, 1999. L. 2013: (2.5) added, (SB 13-011), ch. 49, p. 163, § 13,
effective May 1.
14-10-106. Dissolution of marriage - legal separation. (1) (a) The district court shall
enter a decree of dissolution of marriage or a decree of legal separation when:
(I) The court finds that one of the parties has been domiciled in this state for ninety-one
days next preceding the commencement of the proceeding;
(II) The court finds that the marriage is irretrievably broken; and
(III) The court finds that ninety-one days or more have elapsed since it acquired
jurisdiction over the respondent either as the result of process pursuant to rule 4 of the Colorado
rules of civil procedure or as the result of the act of the respondent in joining as copetitioner in
the petition or in entering an appearance in any other manner.
(b) In connection with every decree of dissolution of marriage or decree of legal
separation and to the extent of its jurisdiction to do so, the court shall consider, approve, or
allocate parental responsibilities with respect to any child of the marriage, the support of any
child of the marriage who is entitled to support, the maintenance of either spouse, and the
disposition of property; but the entry of a decree with respect to parental responsibilities,
support, maintenance, or disposition of property may be deferred by the court until after the
entry of the decree of dissolution of marriage or the decree of legal separation upon a finding
that a deferral is in the best interests of the parties.
(c) In a proceeding to dissolve a marriage or in a proceeding for legal separation or in a
proceeding for declaration of invalidity, the court is deemed to have made an adjudication of the
parentage of a child of the marriage if the court acts under circumstances that satisfy the
jurisdictional requirements of section 14-5-201 and the final order:
(I) Expressly identifies a child as a "child of the marriage", "issue of the marriage", or
similar words indicating that the husband is the father of the child; or
Colorado Revised Statutes 2023 Uncertified PrintoutPage 72 of 247
(II) Provides for support of the child by the husband unless paternity is specifically
disclaimed in the order.
(d) Paternity is not adjudicated for a child not mentioned in the final order.
(2) If a party requests a decree of legal separation rather than a decree of dissolution of
marriage, the court shall grant the decree in that form unless the other party objects.
Source: L. 71: R&RE, p. 521, § 1. C.R.S. 1963: § 46-1-6. L. 73: p. 552, § 2. L. 77:
(1)(a)(I) and (1)(a)(II) amended and (1)(a)(III) added, p. 823, § 1, effective June 1. L. 98: (1)(b)
amended, p. 1395, § 34, effective February 1, 1999. L. 2003: (1)(c) and (1)(d) added, p. 1264, §
50, effective July 1. L. 2012: IP(1)(a) and (1)(b) amended, (HB12-1233), ch. 52, p. 187, § 1,
effective July 1; (1)(a)(I) and (1)(a)(III) amended, (SB 12-175), ch. 208, p. 830, § 24, effective
July 1.
14-10-106.5. Dissolution of civil unions - legal separation - jurisdiction - applicability
of article and case law. (1) Any person who enters into a civil union in Colorado pursuant to
article 15 of this title consents to the jurisdiction of the courts of Colorado for the purpose of any
action relating to a civil union even if one or both parties cease to reside in this state. In a matter
seeking a dissolution, legal separation, or declaration of invalidity of a civil union, the court shall
follow the procedures that are set forth in this article for dissolution, legal separation, or
declaration of invalidity. The provisions of this article and any case law construing this article
apply to the dissolution, legal separation, or declaration of invalidity of a civil union.
(2) The court shall follow the laws of Colorado in a matter filed in Colorado that is
seeking a dissolution, legal separation, or invalidity of a civil union that was entered into in
another jurisdiction.
Source: L. 2013: Entire section added, (SB 13-011), ch. 49, p. 163, § 14, effective May
1.
14-10-107. Commencement - pleadings - abolition of existing defenses - automatic,
temporary injunction - enforcement. (1) All proceedings under this article shall be
commenced in the manner provided by the Colorado rules of civil procedure.
(2) The petition in a proceeding for dissolution of marriage or legal separation shall
allege that the marriage is irretrievably broken and shall set forth:
(a) The residence of each party and the length of residence in this state;
(b) The date and place of the marriage;
(c) The date on which the parties separated;
(d) The names, ages, and addresses of any living children of the marriage and whether
the wife is pregnant;
(e) Any arrangements as to the allocation of parental responsibilities with respect to the
children of the marriage and support of the children and the maintenance of a spouse;
(f) The relief sought; and
Colorado Revised Statutes 2023 Uncertified PrintoutPage 73 of 247
(g) A written acknowledgment by the petitioner and the co-petitioner, if any, that he or
she has received a copy of, has read, and understands the terms of the automatic temporary
injunction required by paragraph (b) of subsection (4) of this section.
(2.5) Upon the filing of a petition for dissolution of marriage or legal separation pursuant
to this article, each party shall provide to the court, in the manner prescribed by the court, his or
her social security number and the social security number of each child named in the petition
pursuant to paragraph (d) of subsection (2) of this section.
(3) Either or both parties to the marriage may initiate the proceeding. In addition, a legal
guardian, with court approval pursuant to section 15-14-315.5, C.R.S., or a conservator, with
court approval pursuant to section 15-14-425.5, C.R.S., may initiate the proceeding. If a legal
guardian or conservator initiates the proceeding, the legal guardian or conservator shall receive
notice in the same manner as the parties to the proceeding.
(4) (a) Upon the commencement of a proceeding by one of the parties, or by a legal
guardian or conservator of one of the parties, the other party shall be personally served in the
manner provided by the Colorado rules of civil procedure, and he or she may file a response in
accordance with such rules; except that, upon motion verified by the oath of the party
commencing the proceeding or of someone in his or her behalf for an order of publication stating
the facts authorizing such service, and showing the efforts, if any, that have been made to obtain
personal service within this state, and giving the address or last-known address of each person to
be served or stating that his or her address and last-known address are unknown, the court shall
hear the motion ex parte and, if satisfied that due diligence has been used to obtain personal
service within this state or that efforts to obtain the same would have been to no avail, shall order
one publication of a consolidated notice in a newspaper published or having general circulation
in the county in which the proceeding is filed, notwithstanding the provisions of article 70 of title
24. A consolidated notice shall be published at least once during a calendar month and shall list
the proceedings filed subsequent to those named in the previously published consolidated notice,
stating as to each proceeding the names of the parties, the action number, the nature of the
action, that a copy of the petition and summons may be obtained from the clerk of the court
during regular business hours, and that default judgment may be entered against that party upon
whom service is made by such notice if he or she fails to appear or file a response within
thirty-five days after the date of publication. Costs of publication of a consolidated notice may
be assessed pro rata to each of the proceedings named in the notice; except that, if a party is
indigent or otherwise unable to pay such publication costs, the costs shall be paid by the court
from funds appropriated for the purpose. Service shall be complete upon such publication, and a
response or appearance by the party served by publication under this subsection (4) shall be
made within thirty-five days thereafter, or default judgment may be entered. No later than the
day of publication, the clerk of the court shall also post for thirty-five consecutive days a copy of
the process on a bulletin board in his or her office or on the website of the district court in which
the case was filed and shall mail a copy of the process to the other party at his or her last-known
address, and shall place in the file of the proceeding his or her certificate of posting and mailing.
Proof of publication of the consolidated notice shall be by placing in the file a copy of the
Colorado Revised Statutes 2023 Uncertified PrintoutPage 74 of 247
affidavit of publication, certified by the clerk of the court to be a true and correct copy of the
original affidavit on file in the clerk's office.
(b) (I) Upon the filing of a petition for dissolution of marriage or legal separation by the
petitioner or copetitioner or by a legal guardian or conservator on behalf of one of the parties and
upon personal service of the petition and summons on the respondent or upon waiver and
acceptance of service by the respondent, a temporary injunction shall be in effect against both
parties until the final decree is entered or the petition is dismissed or until further order of the
court:
(A) Restraining both parties from transferring, encumbering, concealing, or in any way
disposing of, without the consent of the other party or an order of the court, any marital property,
except in the usual course of business or for the necessities of life and requiring each party to
notify the other party of any proposed extraordinary expenditures and to account to the court for
all extraordinary expenditures made after the injunction is in effect;
(B) Enjoining both parties from molesting or disturbing the peace of the other party;
(C) Restraining both parties from removing the minor child or children of the parties, if
any, from the state without the consent of the other party or an order of the court; and
(D) Restraining both parties, without at least fourteen days' advance notification and the
written consent of the other party or an order of the court, from canceling, modifying,
terminating, or allowing to lapse for nonpayment of premiums, any policy of health insurance,
homeowner's or renter's insurance, or automobile insurance that provides coverage to either of
the parties or the minor children or any policy of life insurance that names either of the parties or
the minor children as a beneficiary.
(II) The provisions of the injunction shall be printed upon the summons and the petition
and the injunction shall become an order of the court upon fulfillment of the requirements of
subparagraph (I) of this paragraph (b). However, nothing in this paragraph (b) shall preclude
either party from applying to the court for further temporary orders, an expanded temporary
injunction, or modification or revocation under section 14-10-108.
(III) The summons shall contain the following advisements:
(A) That a request for genetic tests shall not prejudice the requesting party in matters
concerning allocation of parental responsibilities pursuant to section 14-10-124 (1.5); and
(B) That, if genetic tests are not obtained prior to a legal establishment of paternity and
submitted into evidence prior to the entry of the legal final decree of dissolution, the genetic tests
may not be allowed into evidence at a later date.
(4.1) With regard to the automatic, temporary injunction that becomes effective in
accordance with paragraph (b) of subsection (4) of this section when a petition for dissolution of
marriage or legal separation is filed and served, whenever there is exhibited by the respondent to
any duly authorized peace officer as described in section 16-2.5-101, C.R.S., a copy of the
petition and summons duly filed and issued pursuant to this section, or, in the case of the
petitioner, a copy of the petition and summons duly filed and issued pursuant to this section,
together with a certified copy of the affidavit of service of process or a certified copy of the
waiver and acceptance of service, and the peace officer has cause to believe that a violation of
Colorado Revised Statutes 2023 Uncertified PrintoutPage 75 of 247
that part of the automatic, temporary injunction which enjoins both parties from molesting the
other party has occurred, such peace officer shall use every reasonable means to enforce that part
of the injunction against the petitioner or respondent. A peace officer shall not be held civilly or
criminally liable for his or her action pursuant to this subsection (4.1) if the action is in good
faith and without malice.
(5) Defenses to divorce and legal separation existing prior to January 1, 1972, including
but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time,
are hereby abolished.
(6) All issues raised by these proceedings shall be resolved by the court sitting without a
jury.
Source: L. 71: R&RE, p. 521, § 1. C.R.S. 1963: § 46-1-7. L. 72: p. 296, § 1. L. 83: (4)
amended, p. 641, § 1, effective July 1. L. 86: (4.1) added, p. 716, § 1, effective April 29. L. 87:
(4.1) amended, p. 1578, § 21, effective July 10. L. 98: (2)(e) amended, p. 1395, § 35, effective
February 1, 1999. L. 99: (2)(g) and (4)(b)(I)(D) added and (4)(b)(I)(B), (4)(b)(I)(C), and
(4)(b)(II) amended, p. 1059, §§ 1, 2, effective June 1; (3), (4)(a), and IP(4)(b)(I) amended, p.
465, § 3, effective July 1. L. 2000: (3) amended, p. 1833, § 7, effective January 1, 2001. L.
2003: (4.1) amended, p. 1621, § 34, effective August 6. L. 2005: (4)(b)(III) added, p. 377, § 1,
effective January 1, 2006. L. 2011: (2.5) added, (SB 11-123), ch. 46, p. 118, § 2, effective
August 10. L. 2012: (4)(a) amended, (SB 12-175), ch. 208, p. 830, § 25, effective July 1. L.
2016: (4)(a) amended, (HB 16-1258), ch. 116, p. 329, § 1, effective April 21. L. 2017: (4)(a)
amended, (HB 17-1142), ch. 66, p. 209, § 5, effective September 1.
14-10-107.5. Entry of appearance and notice of withdrawal by delegate child
support enforcement unit. (1) The attorney for the delegate child support enforcement unit
may file an entry of appearance on behalf of the county department of human or social services
in any proceeding for dissolution of marriage or legal separation under this article 10 for
purposes of establishing, modifying, and enforcing child support and medical support if any
party is receiving child support services pursuant to section 26-13-106 and for purposes of
establishing and enforcing reimbursement of payments for temporary assistance to needy
families.
(2) The delegate child support enforcement unit, upon the filing of the entry of
appearance described in subsection (1) of this section or upon the filing of a legal pleading to
establish, modify, or enforce the support obligation, is from that date forward, without leave or
order of court, a third-party intervenor in the action for the purposes outlined in subsection (1) of
this section without the necessity of filing a motion to intervene.
(3) The delegate child support enforcement unit may withdraw as a party from a case
when the case is closed without leave of the court by filing a notice pursuant to the Colorado
rules of civil procedure. Upon the filing of such notice, the delegate child support enforcement
unit is no longer considered a party to the action without the necessity of filing a motion to
dismiss party.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 76 of 247
Source: L. 89: Entire section added, p. 792, § 13, effective July 1. L. 90: Entire section
amended, p. 889, § 8, effective July 1. L. 2007: (1) amended, p. 1648, § 1, effective May 31. L.
2018: Entire section amended, (SB 18-092), ch. 38, p. 400, § 12, effective August 8; entire
section amended, (HB 18-1363), ch. 389, p. 2321, § 1, effective August 8.
Editor's note: This section was amended in SB 18-092. Those amendments were
superseded by the amendment of this section in HB 18-1363, effective August 8, 2018.
Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter
38, Session Laws of Colorado 2018.
14-10-107.7. Required notice of involvement with state department of human
services. When filing a petition for dissolution of marriage or legal separation, a petition in
support or proceedings for the allocation of parental responsibilities with respect to the children
of the marriage, or any other matter pursuant to this article 10 with the court, if the parties have
joint legal responsibility for a child for whom the petition seeks an order of child support, the
parties are required to indicate on a form prepared by the court whether or not the parties or the
dependent children of the parties have received within the last five years or are currently
receiving benefits or public assistance, including child care assistance, from the state department
of human services or a county department of human or social services. If the parties indicate that
they have received such benefits or assistance, the court shall inform the appropriate delegate
child support enforcement unit so that the unit can determine whether any support enforcement
services are required. There is no penalty for failure to report as specified in this section.
Source: L. 92: Entire section added, p. 202, § 8, effective August 1. L. 93: Entire section
amended, p. 1558, § 6, effective September 1. L. 94: Entire section amended, p. 2644, § 106,
effective July 1. L. 98: Entire section amended, p. 1396, § 36, effective February 1, 1999. L.
2018: Entire section amended, (SB 18-092), ch. 38, p. 400, § 13, effective August 8. L. 2022:
Entire section amended, (HB 22-1295), ch. 123, p. 828, § 30, effective July 1.
Cross references: For the legislative declaration contained in the 1994 act amending this
section, see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative
declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
14-10-107.8. Required notice of prior restraining, civil protection, or emergency
protection orders to prevent domestic abuse - petitions for dissolution of marriage or legal
separation. (1) When filing a petition for dissolution of marriage or legal separation pursuant to
this article, the filing party shall have a duty to disclose to the court the existence of any prior
temporary or permanent restraining orders and civil protection orders to prevent domestic abuse
issued pursuant to article 14 of title 13, C.R.S., any mandatory restraining order and protection
orders issued pursuant to section 18-1-1001, C.R.S., and any emergency protection orders issued
Colorado Revised Statutes 2023 Uncertified PrintoutPage 77 of 247
pursuant to section 13-14-103, C.R.S., entered against either party by any court within two years
prior to the filing of the petition of dissolution of marriage or legal separation. The disclosure
required pursuant to this section shall address the subject matter of the previous restraining, civil
protection, or emergency protection orders, including the case number and jurisdiction issuing
such orders.
(2) After the filing of the petition, the court shall advise the parties concerning domestic
violence services and potential financial resources that may be available and shall strongly
encourage the parties to obtain such services for their children, in appropriate cases. If the
parties' children participate in such services, the court shall apportion the costs of such services
between the parties as it deems appropriate.
(3) The parties to a domestic relations petition filed pursuant to this article shall receive
information concerning domestic violence services and potential financial resources that may be
available.
Source: L. 95: Entire section added, p. 83, § 1, effective July 1. L. 99: Entire section
amended, p. 502, § 9, effective July 1. L. 2001: Entire section amended, p. 978, § 1, effective
August 8. L. 2004: (1) amended, p. 554, § 10, effective July 1. L. 2005: (1) amended, p. 764, §
22, effective June 1.
14-10-108. Temporary orders in a dissolution case. (1) In a proceeding for dissolution
of marriage, legal separation, the allocation of parental responsibilities, or declaration of
invalidity of marriage or a proceeding for disposition of property, maintenance, or support
following dissolution of the marriage, either party may move for temporary payment of debts,
use of property, maintenance, parental responsibilities, support of a child of the marriage entitled
to support, or payment of attorney fees. The motion may be supported by an affidavit setting
forth the factual basis for the motion and the amounts requested.
(1.5) The court may consider the allocation of parental responsibilities in accordance
with the best interests of the child, with particular reference to the factors specified in section
14-10-124 (1.5).
(2) As a part of a motion of such temporary orders or by an independent motion
accompanied by an affidavit, either party may request the court to issue a temporary order:
(a) Restraining any party from transferring, encumbering, concealing, or in any way
disposing of any property, except in the usual course of business or for the necessities of life,
and, if so restrained, requiring him to notify the moving party of any proposed extraordinary
expenditures and to account to the court for all extraordinary expenditures made after the order is
issued;
(b) Enjoining a party from molesting or disturbing the peace of the other party or of any
child;
(c) Excluding a party from the family home or from the home of the other party upon a
showing that physical or emotional harm would otherwise result.
(2.3) and (2.5) (Deleted by amendment, L. 2004, p. 553, § 4, effective July 1, 2004.)
Colorado Revised Statutes 2023 Uncertified PrintoutPage 78 of 247
(3) A party to an action filed pursuant to this article may seek, and the court may issue, a
temporary or permanent protection order pursuant to the provisions of part 1 of article 14 of title
13, C.R.S.
(4) (Deleted by amendment, L. 2004, p. 553, § 4, effective July 1, 2004.)
(5) A temporary order or temporary injunction:
(a) Does not prejudice the rights of the parties or the child which are to be adjudicated at
subsequent hearings in the proceeding;
(b) May be revoked or modified prior to final decree on a showing by affidavit of the
facts necessary to revocation or modification of a final decree under section 14-10-122; and
(c) Terminates when the final decree is entered, unless continued by the court for good
cause to a date certain, or when the petition for dissolution or legal separation is voluntarily
dismissed.
(6) (Deleted by amendment, L. 2004, p. 553, § 4, effective July 1, 2004.)
(7) At the time a protection order is requested pursuant to part 1 of article 14 of title 13,
C.R.S., the court shall inquire about, and the requesting party and such party's attorney shall
have an independent duty to disclose, knowledge such party and such party's attorney may have
concerning the existence of any prior protection orders or restraining orders of any court
addressing in whole or in part the subject matter of the requested protection order.
Source: L. 71: R&RE, p. 522, § 1. C.R.S. 1963: § 46-1-8. L. 73: pp. 553, 555, §§ 3, 12.
L. 81: (6) added, p. 903, § 1, effective May 13. L. 83: (1) amended, p. 644, § 1, effective April
26; (1.5) added, p. 645, § 1, effective June 10. L. 87: (1.5) amended, p. 575, § 4, effective July 1.
L. 94: (2.5) and (7) added and (3) amended, p. 2008, § 4, effective January 1, 1995. L. 98: (2.3)
added and (3) amended, p. 245, § 4, effective April 13; (1) and (2.5) amended, p. 1396, § 37,
effective February 1, 1999. L. 99: (2.3) amended, p. 501, § 4, effective July 1. L. 2000: (1.5)
amended, p. 1844, § 24, effective August 2. L. 2003: (2.3), (2.5), (3), (6), and (7) amended, p.
1010, § 14, effective July 1. L. 2004: IP(2), (2.3), (2.5), (3), (4), (6), and (7) amended, p. 553, §
4, effective July 1. L. 2013: (3) and (7) amended, (HB 13-1259), ch. 218, p. 1016, § 17, effective
July 1.
14-10-109. Enforcement of protection orders. The duties of peace officers enforcing
orders issued pursuant to section 14-10-107 or 14-10-108 shall be in accordance with section
18-6-803.5, C.R.S., and any rules adopted by the Colorado supreme court pursuant to said
section.
Source: L. 71: R&RE, p. 523, § 1. C.R.S. 1963: § 46-1-9. L. 92: Entire section
amended, p. 176, § 2, effective July 1. L. 94: Entire section amended, p. 2009, § 5, effective
January 1, 1995.
Cross references: For civil contempt, see C.R.C.P. 107.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 79 of 247
14-10-110. Irretrievable breakdown. (1) If both of the parties by petition or otherwise
have stated under oath or affirmation that the marriage is irretrievably broken or one of the
parties has so stated and the other has not denied it, there is a presumption of such fact, and,
unless controverted by evidence, the court shall, after hearing, make a finding that the marriage
is irretrievably broken.
(2) If one of the parties has denied under oath or affirmation that the marriage is
irretrievably broken, the court shall consider all relevant factors, including the circumstances that
gave rise to the filing of the petition and the prospect of reconciliation, and shall:
(a) Make a finding whether the marriage is irretrievably broken; or
(b) Continue the matter for further hearing not less than thirty-five days nor more than
sixty-three days later, or as soon thereafter as the matter may be reached on the court's calendar,
and may suggest to the parties that they seek counseling. At the adjourned hearing, the court
shall make a finding whether the marriage is irretrievably broken.
Source: L. 71: R&RE, p. 523, § 1. C.R.S. 1963: § 46-1-10. L. 2012: (2)(b) amended,
(SB 12-175), ch. 208, p. 831, § 26, effective July 1.
Cross references: For marriage counseling, see article 12 of this title 14.
14-10-111. Declaration of invalidity. (1) The district court shall enter its decree
declaring the invalidity of a marriage entered into under the following circumstances:
(a) A party lacked capacity to consent to the marriage at the time the marriage was
solemnized, either because of mental incapacity or infirmity or because of the influence of
alcohol, drugs, or other incapacitating substances.
(b) A party lacked the physical capacity to consummate the marriage by sexual
intercourse, and the other party did not at the time the marriage was solemnized know of the
incapacity.
(c) A party was under the age as provided by law and did not have the consent of his
parents or guardian or judicial approval as provided by law.
(d) One party entered into the marriage in reliance upon a fraudulent act or
representation of the other party, which fraudulent act or representation goes to the essence of
the marriage.
(e) One or both parties entered into the marriage under duress exercised by the other
party or a third party, whether or not such other party knew of such exercise of duress.
(f) One or both parties entered into the marriage as a jest or dare.
(g) The marriage is prohibited by law, including the following:
(I) A marriage entered into prior to the dissolution of an earlier marriage of one of the
parties;
(II) A marriage between an ancestor and a descendant or between a brother and a sister,
whether the relationship is by the half or the whole blood;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 80 of 247
(III) A marriage between an uncle and a niece or between an aunt and a nephew, whether
the relationship is by the half or the whole blood, except as to marriages permitted by the
established customs of aboriginal cultures;
(IV) A marriage which was void by the law of the place where such marriage was
contracted.
(2) A declaration of invalidity under subsection (1) of this section may be sought by any
of the following persons and shall be commenced within the times specified, but in no event may
a declaration of invalidity be sought after the death of either party to the marriage, except as
provided in subsection (3) of this section:
(a) For the reasons set forth in either subsection (1)(a), (1)(d), (1)(e), or (1)(f) of this
section, by either party to the marriage who was aggrieved by the conditions or by the legal
representative of the party who lacked capacity to consent no later than six months after the
petitioner obtained knowledge of the described condition;
(b) For the reason set forth in subsection (1)(b) of this section, by either party no later
than one year after the petitioner obtained knowledge of the described condition;
(c) For the reason set forth in subsection (1)(c) of this section, by the underage party, his
parent, or his guardian, if such action for declaration of invalidity of marriage is commenced
within twenty-four months of the date the marriage was entered into.
(3) A declaration of invalidity, for the reason set forth in subsection (1)(g) of this
section, may be sought by either party; by the legal spouse in case of bigamous, polygamous, or
incestuous marriages; by the appropriate state official; or by a child of either party at any time
prior to the death of either party or prior to the final settlement of the estate of either party and
the discharge of the personal representative, executor, or administrator of the estate or prior to
six months after an estate is closed under section 15-12-1204, C.R.S.
(4) Repealed.
(5) Marriages declared invalid under this section shall be so declared as of the date of the
marriage.
(6) The provisions of this article relating to the property rights of spouses, maintenance,
and support of and the allocation of parental responsibilities with respect to the children on
dissolution of marriage are applicable to decrees of invalidity of marriage.
(7) No decree shall be entered unless one of the parties has been domiciled in this state
for thirty days next preceding the commencement of the proceeding or unless the marriage has
been contracted in this state.
Source: L. 71: R&RE, p. 523, § 1. C.R.S. 1963: § 46-1-11. L. 73: pp. 553, 1647, §§ 4, 5,
6. L. 80: (1)(g)(II) amended, p. 794, § 47, effective June 5. L. 98: (6) amended, p. 1397, § 38,
effective February 1, 1999. L. 2018: (4) repealed, (SB 18-095), ch. 96, p. 754, § 8, effective
August 8.
Cross references: (1) For the effect of a declaration of invalidity on marital agreements,
see § 14-2-308.
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(2) For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session
Laws of Colorado 2018.
14-10-112. Separation agreement. (1) To promote the amicable settlement of disputes
between the parties to a marriage attendant upon their separation or the dissolution of their
marriage, the parties may enter into a written separation agreement containing provisions for the
maintenance of either of them, the disposition of any property owned by either of them, and the
allocation of parental responsibilities, support, and parenting time of their children.
(2) In a proceeding for dissolution of marriage or for legal separation, the terms of the
separation agreement, except terms providing for the allocation of parental responsibilities,
support, and parenting time of children, are binding upon the court unless it finds, after
considering the economic circumstances of the parties and any other relevant evidence produced
by the parties, on their own motion or on request of the court, that the separation agreement is
unconscionable.
(3) If the court finds the separation agreement unconscionable, the court may request the
parties to submit a revised separation agreement, or the court may make orders for the
disposition of property, support, and maintenance.
(4) If the court finds that the separation agreement is not unconscionable as to support,
maintenance, and property:
(a) Unless the separation agreement provides to the contrary, its terms shall be set forth
in the decree of dissolution or legal separation, and the parties shall be ordered to perform them;
or
(b) If the separation agreement provides that its terms shall not be set forth in the decree,
the decree shall identify the separation agreement and shall state that the court has found the
terms not unconscionable.
(5) Terms of the agreement set forth in the decree may be enforced by all remedies
available for the enforcement of a judgment, including contempt, but are no longer enforceable
as contract terms.
(6) Except for terms concerning the support, the allocation of decision-making
responsibility, or parenting time of children, the decree may expressly preclude or limit
modification of terms set forth in the decree if the separation agreement so provides.
Source: L. 71: R&RE, p. 525, § 1. C.R.S. 1963: § 46-1-12. L. 93: (1), (2), and (6)
amended, p. 576, § 6, effective July 1. L. 98: (1), (2), and (6) amended, p. 1397, § 39, effective
February 1, 1999.
Cross references: (1) For the "Uniform Premarital and Marital Agreements Act", see
part 3 of article 2 of this title 14.
(2) For the legislative declaration contained in the 1993 act amending subsections (1),
(2), and (6), see section 1 of chapter 165, Session Laws of Colorado 1993.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 82 of 247
14-10-113. Disposition of property - definitions. (1) In a proceeding for dissolution of
marriage or in a proceeding for legal separation or in a proceeding for disposition of property
following the previous dissolution of marriage by a court which at the time of the prior
dissolution of the marriage lacked personal jurisdiction over the absent spouse or lacked
jurisdiction to dispose of the property, the court, subject to the provisions of subsection (7) of
this section, shall set apart to each spouse his or her property and shall divide the marital
property, without regard to marital misconduct, in such proportions as the court deems just after
considering all relevant factors including:
(a) The contribution of each spouse to the acquisition of the marital property, including
the contribution of a spouse as homemaker;
(b) The value of the property set apart to each spouse;
(c) The economic circumstances of each spouse at the time the division of property is to
become effective, including the desirability of awarding the family home or the right to live
therein for reasonable periods to the spouse with whom any children reside the majority of the
time; and
(d) Any increases or decreases in the value of the separate property of the spouse during
the marriage or the depletion of the separate property for marital purposes.
(2) For purposes of this article only, and subject to the provisions of subsection (7) of
this section, "marital property" means all property acquired by either spouse subsequent to the
marriage except:
(a) Property acquired by gift, bequest, devise, or descent;
(b) Property acquired in exchange for property acquired prior to the marriage or in
exchange for property acquired by gift, bequest, devise, or descent;
(c) Property acquired by a spouse after a decree of legal separation; and
(d) Property excluded by valid agreement of the parties.
(3) Subject to the provisions of subsection (7) of this section, all property acquired by
either spouse subsequent to the marriage and prior to a decree of legal separation is presumed to
be marital property, regardless of whether title is held individually or by the spouses in some
form of coownership such as joint tenancy, tenancy in common, tenancy by the entirety, and
community property. The presumption of marital property described in this subsection (3) is
overcome by a showing that the property was acquired by a method listed in subsection (2) of
this section.
(4) Subject to the provisions of subsection (7) of this section, an asset of a spouse
acquired prior to the marriage or in accordance with subsection (2)(a) or (2)(b) of this section
shall be considered as marital property, for purposes of this article only, to the extent that its
present value exceeds its value at the time of the marriage or at the time of acquisition if
acquired after the marriage.
(5) For purposes of this section only, property shall be valued as of the date of the decree
or as of the date of the hearing on disposition of property if such hearing precedes the date of the
decree.
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(6) (a) (I) Notwithstanding any anti-assignment, anti-alienation, or other provision of
law to the contrary, all retirement benefits of any nature for public employees from a plan
described in section 401 (a), 403 (b), 414 (d), or 457 of the federal "Internal Revenue Code of
1986", as amended, that is established pursuant to Colorado law shall be, in all actions for
dissolution of marriage, legal separation, and declaration of invalidity of marriage, divisible
directly by the plan upon written agreement of the parties to such an action pursuant to
paragraph (c) of this subsection (6).
(II) The provisions of this subsection (6) shall apply to all dissolution of marriage, legal
separation, and declaration of invalidity of marriage actions filed on or after January 1, 1997,
and all dissolution of marriage, legal separation, or declaration of invalidity of marriage actions
filed prior to January 1, 1997, in which the court did not enter a final property division order
concerning the parties' public employee retirement benefits prior to January 1, 1997.
(b) As used in this subsection (6), unless the context otherwise requires:
(I) "Alternate payee" means a party to a dissolution of marriage, legal separation, or
declaration of invalidity action who is not the participant of the public employee retirement plan
divided or to be divided but who is married to or was married to the participant and who is to
receive, is receiving, or has received all or a portion of the participant's retirement benefit by
means of a written agreement as described in paragraph (c) of this subsection (6).
(II) "Defined benefit plan" means a retirement plan that is not a defined contribution
plan and that usually provides benefits as a percentage of the participant's highest average salary,
based on the plan's benefit formula and the participant's age and service credit at the time of
retirement.
(III) "Defined contribution plan" means a retirement plan that provides for an individual
retirement account for each participant and the benefits of which are based solely on the amount
contributed to the participant's account and that includes any income, expenses, gains, losses, or
forfeitures of accounts of other participants that may be allocated to the participant's account.
(IV) "Participant" means the person who is an active, inactive, or retired member of the
public employee retirement plan.
(c) (I) The parties may enter into a marital agreement pursuant to part 3 of article 2 of
this title or a separation agreement pursuant to section 14-10-112 concerning the division of a
public employee retirement benefit between the parties pursuant to a written agreement. The
parties shall submit such written agreement to the plan administrator within ninety days after
entry of the decree and the permanent orders regarding property distribution in a proceeding for
dissolution of marriage, legal separation, or declaration of invalidity of marriage.
(II) A written agreement dividing a public employee retirement benefit shall:
(A) Specify the full legal name of the retirement plan or plans to which it applies;
(B) Specify the name, social security number, and last-known mailing address of the
participant and the alternate payee as well as the alternate payee's relationship to the participant;
(C) For an agreement concerning a defined benefit plan, specify the distribution method,
as described in subparagraph (III) of this paragraph (c), subject, if the plan permits, to benefit
Colorado Revised Statutes 2023 Uncertified PrintoutPage 84 of 247
adjustments payable at the same time and in the same manner as any benefit adjustments applied
to the participant's distribution;
(D) For an agreement concerning a defined contribution plan, specify the alternate
payee's portion of the participant's account as a fixed lump-sum amount, or as a percentage, in
either case, as of a specified date, from specific accounts of the participant and, unless the plan
adopts rules and regulations pursuant to paragraph (d) of this subsection (6) permitting the plan
to retain the alternate payee's portion of the participant's account, require that distribution to the
alternate payee be made within one hundred twenty days after a certified court order approving
the agreement has been submitted to and received by the plan;
(E) Not provide for payments to the alternate payee or to the participant for which he or
she would not otherwise be eligible if there were no dissolution of marriage, legal separation, or
declaration of invalidity action pending;
(F) For an agreement concerning a defined benefit plan, not require the plan to pay the
alternate payee prior to the date payments commence to the participant or prior to the participant
attaining age sixty-five or actual retirement date, whichever date is earlier, or at such later date
as the parties may otherwise agree in writing;
(G) For an agreement concerning a defined benefit plan, provide that the alternate
payee's rights to payments terminate upon the involuntary termination of benefits payable to the
participant or upon the death of the alternate payee, whichever occurs first, unless the parties
agree to elect, or have already elected, a benefit option under the plan that provides for a
cobeneficiary benefit to the alternate payee;
(H) Provide that the manner of payment shall be in a form or type permissible under the
plan. The agreement shall not require through this subsection (6) the payment of a benefit,
benefit amount, or distribution option not otherwise set out in the plan document or statute.
(I) Not require the plan to pay benefits that are already required to be paid to another
alternate payee or are already subject to an assignment or lien;
(J) Specify that it shall apply to successor plans;
(K) Comply with any rules or procedures promulgated pursuant to paragraph (d) of this
subsection (6); and
(L) Specify that, once approved by the court, the order approving the agreement shall be
certified by the clerk of the court and submitted to and received by the retirement plan at least
thirty days before the plan may make its first payment.
(III) The written agreement between the parties described in subparagraph (II) of this
paragraph (c) shall contain only one method or formula to be applied to divide the defined
benefit plan. For purposes of sub-subparagraph (C) of subparagraph (II) of this paragraph (c), the
parties may select any one of the following methods by which to divide the defined benefit plan:
(A) A fixed monetary amount;
(B) A fixed percentage of the payment to the participant;
(C) The time-rule formula determined by dividing the number of months of service
credit acquired under the plan during the marriage as set forth in the court's order by the number
of months of service credit in such plan at the time of the participant's retirement as determined
Colorado Revised Statutes 2023 Uncertified PrintoutPage 85 of 247
by the plan, which quotient shall be multiplied by a percentage specified in the court's order, and
the product thereof shall be further multiplied by the amount of the payment to the participant at
the date of retirement;
(D) A formula determined by dividing the number of months of service credit acquired
under the plan during the marriage as set forth in the court's order by the number of months of
service credit in such plan as of the date of the decree as determined by the plan, regardless of
when the participant is expected to retire, which quotient shall be multiplied by a percentage
specified in the court's order, and the product thereof shall be further multiplied by the amount of
the payment the participant would be entitled to receive as if the participant were to retire and
receive an unreduced benefit on the date of the decree; or
(E) Any other method or formula mutually agreed upon by the parties that specifies a
dollar amount or percentage payable to the alternate payee.
(d) The trustees or the administrator of each retirement plan may promulgate rules or
procedures governing the implementation of this subsection (6) with respect to public employee
retirement plans that they administer. Such rules or procedures may include the requirement that
a standardized form be used by the parties and the court for an order approving the parties'
agreement to be effective as well as other provisions consistent with the purpose of this
subsection (6).
(e) Compliance with the provisions of this subsection (6) by a public employee
retirement plan shall not subject the plan to any portions of the federal "Employee Retirement
Income Security Act of 1974", as amended, that do not otherwise affect governmental plans
generally. Any plan that reasonably complies with an order approving an agreement entered into
pursuant to this subsection (6) shall be relieved of liability for payments made to the parties
subject to such order.
(f) A court shall have no jurisdiction to enter an order dividing a public employee
retirement benefit except upon written agreement of the parties pursuant to this subsection (6). A
court shall have no jurisdiction to modify an order approving a written agreement of the parties
dividing a public employee retirement benefit unless the parties have agreed in writing to the
modification. A court may retain jurisdiction to supervise the implementation of the order
dividing the retirement benefits.
(7) (a) For purposes of subsections (1) to (4) of this section only, except with respect to
gifts of nonbusiness tangible personal property, gifts from one spouse to another, whether in
trust or not, shall be presumed to be marital property and not separate property. This
presumption may be rebutted by clear and convincing evidence.
(b) For purposes of subsections (1) to (4) of this section only, "property" and "an asset of
a spouse" shall not include any interest a party may have as an heir at law of a living person or
any interest under any donative third party instrument which is amendable or revocable,
including but not limited to third-party wills, revocable trusts, life insurance, and retirement
benefit instruments, nor shall any such interests be considered as an economic circumstance or
other factor.
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(c) (I) The provisions of this subsection (7) shall apply to all causes of action filed on or
after July 1, 2002. The provisions of this subsection (7) shall also apply to all causes of action
filed before said date in which a final property disposition order concerning matters affected by
this subsection (7) was not entered prior to July 1, 2002.
(II) For purposes of this paragraph (c), "final property disposition order" means a
property disposition order for which the time to appeal has expired or for which all pending
appeals have been finally concluded.
Source: L. 71: R&RE, p. 525, § 1. C.R.S. 1963: § 46-1-13. L. 73: pp. 553, 555, §§ 6, 7,
12. L. 75: IP(1) amended, p. 210, § 25, effective July 16. L. 96: (6) added, p. 1457, § 1, effective
January 1, 1997. L. 97: (6)(a) amended, p. 100, § 1, effective March 24. L. 98: (6)(c)(I) and
(6)(c)(II)(C) amended and (6)(c)(III) added, p. 355, § 1, effective August 5; (1)(c) amended, p.
1397, § 40, effective February 1, 1999. L. 99: (6)(c)(I), (6)(c)(II)(L), and (6)(f) amended, p. 46,
§ 1, effective March 15. L. 2002: (6)(a)(I) amended, p. 138, § 1, effective March 27; IP(1),
IP(2), (3), and (4) amended and (7) added, p. 1054, § 1, effective June 1. L. 2004: (6)(a)(I)
amended, p. 222, § 5, effective April 1.
Cross references: For the federal "Employee Retirement Income Security Act of 1974",
see 29 U.S.C. sec. 1001 et seq.
14-10-114. Spousal maintenance - advisory guidelines - legislative declaration -
definitions. (1) Legislative declaration. (a) The general assembly hereby finds that:
(I) The economic lives of spouses are frequently closely intertwined in marriage and that
it is often impossible to later segregate the respective decisions and contributions of the spouses;
and
(II) Consequently, awarding spousal maintenance may be appropriate if a spouse needs
support and the other spouse has the ability to pay support.
(b) The general assembly further finds that:
(I) Because the statutes provide little guidance to the court concerning maintenance
awards, there has been inconsistency in the amount and term of maintenance awarded in
different judicial districts across the state in cases that involve similar factual circumstances; and
(II) Courts and litigants would benefit from the establishment of a more detailed
statutory framework that includes advisory guidelines to be considered as a starting point for the
determination of fair and equitable maintenance awards.
(c) Therefore, the general assembly declares that it is appropriate to create a statutory
framework for the determination of maintenance awards, including advisory guidelines for the
amount and term of maintenance in certain cases, that will assist the court and the parties in
crafting maintenance awards that are fair, equitable, and more consistent across judicial districts
and in their application to both parties.
(2) At the time of permanent orders in dissolution of marriage, legal separation, or
declaration of invalidity proceedings, and upon the request of either party, the court may order
Colorado Revised Statutes 2023 Uncertified PrintoutPage 87 of 247
the payment of maintenance from one spouse to the other pursuant to the provisions of this
section. An award of maintenance shall be in an amount and for a term that is fair and equitable
to both parties and shall be made without regard to marital misconduct.
(3) (a) (I) Determination of maintenance. When a party has requested maintenance in a
dissolution of marriage, legal separation, or declaration of invalidity proceeding, prior to
granting or denying an award of maintenance, the court shall make initial written or oral findings
concerning:
(A) The amount of each party's gross income;
(B) The marital property apportioned to each party;
(C) The financial resources of each party, including but not limited to the actual or
potential income from separate or marital property;
(D) Reasonable financial need as established during the marriage; and
(E) Whether maintenance awarded pursuant to this section would be deductible for
federal income tax purposes by the payor and taxable income to the recipient.
(II) After making the initial findings described in subparagraph (I) of this paragraph (a),
the court shall determine the amount and term of the maintenance award, if any, that is fair and
equitable to both parties after considering:
(A) The guideline amount and term of maintenance set forth in paragraph (b) of this
subsection (3), if applicable, based upon the duration of the marriage and the combined gross
incomes of the parties;
(B) The factors relating to the amount and term of maintenance set forth in paragraph (c)
of this subsection (3); and
(C) Whether the party seeking maintenance has met the requirement for a maintenance
award pursuant to paragraph (d) of this subsection (3).
(b) Advisory guideline amount and term of maintenance. If the duration of the
parties' marriage is at least three years and the parties' combined annual adjusted gross income
does not exceed two hundred forty thousand dollars, the court shall make additional oral or
written findings concerning the duration of the marriage in whole months and the advisory
guideline amount and term of maintenance, calculated as follows:
(I) (A) If the maintenance award is deductible for federal income tax purposes by the
payor and taxable income to the recipient, the amount of maintenance under the advisory
guidelines is equal to forty percent of the parties' combined monthly adjusted gross income
minus the lower income party's monthly adjusted gross income. If the calculation results in a
negative number, the amount of maintenance is zero.
(B) If the maintenance award is not deductible for federal income tax purposes by the
payor and not taxable income to the recipient, the amount of maintenance under the advisory
guidelines for parties with a combined monthly adjusted gross income of ten thousand dollars or
less is equal to eighty percent of the amount calculated pursuant to subsection (3)(b)(I)(A) of this
section.
(C) If the maintenance award is not deductible for federal income tax purposes by the
payor spouse and not taxable income to the recipient spouse, the amount of maintenance under
Colorado Revised Statutes 2023 Uncertified PrintoutPage 88 of 247
the advisory guidelines for parties with a combined monthly adjusted gross income of more than
ten thousand dollars but not more than twenty thousand dollars is equal to seventy-five percent
of the amount calculated pursuant to subsection (3)(b)(I)(A) of this section.
(II) (A) The advisory term of maintenance under the guidelines, calculated in whole
months, for marriages of at least three years but not more than twenty years, is set forth in the
table contained in subsection (3)(b)(II)(B) of this section. When the duration of the parties'
marriage exceeds twenty years, the court may award maintenance for a specified term of years or
for an indefinite term, but the court shall not specify a maintenance term that is less than the
maintenance term under the guidelines for a twenty-year marriage without making specific
findings that support a reduced term of maintenance.
Insert PDF file -- version 2, effective January 1, 2014 -- Contact pub team for WP file
(c) Factors affecting the amount and term of maintenance. In any proceeding for
maintenance, the court shall consider all relevant factors, including but not limited to:
(I) The financial resources of the recipient spouse, including the actual or potential
income from separate or marital property or any other source and the ability of the recipient
spouse to meet his or her needs independently;
(II) The financial resources of the payor spouse, including the actual or potential income
from separate or marital property or any other source and the ability of the payor spouse to meet
his or her reasonable needs while paying maintenance;
(III) The lifestyle during the marriage;
(IV) The distribution of marital property, including whether additional marital property
may be awarded to reduce or alleviate the need for maintenance;
(V) Both parties' income, employment, and employability, obtainable through reasonable
diligence and additional training or education, if necessary, and any necessary reduction in
employment due to the needs of an unemancipated child of the marriage or the circumstances of
the parties;
(VI) Whether one party has historically earned higher or lower income than the income
reflected at the time of permanent orders and the duration and consistency of income from
overtime or secondary employment;
(VII) The duration of the marriage;
(VIII) The amount of temporary maintenance and the number of months that temporary
maintenance was paid to the recipient spouse;
(IX) The age and health of the parties, including consideration of significant health-care
needs or uninsured or unreimbursed health-care expenses;
(X) Significant economic or noneconomic contribution to the marriage or to the
economic, educational, or occupational advancement of a party, including but not limited to
completing an education or job training, payment by one spouse of the other spouse's separate
debts, or enhancement of the other spouse's personal or real property;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 89 of 247
(XI) Whether the circumstances of the parties at the time of permanent orders warrant
the award of a nominal amount of maintenance in order to preserve a claim of maintenance in
the future;
(XII) Whether the maintenance is deductible for federal income tax purposes by the
payor and taxable income to the recipient, and any adjustments to the amount of maintenance to
equitably allocate the tax burden between the parties; and
(XIII) Any other factor that the court deems relevant.
(d) After considering the provisions of this section and making the required findings of
fact, the court shall award maintenance only if it finds that the spouse seeking maintenance lacks
sufficient property, including marital property apportioned to him or her, to provide for his or her
reasonable needs and is unable to support himself or herself through appropriate employment or
is the custodian of a child whose condition or circumstances make it inappropriate for the spouse
to be required to seek employment outside the home.
(e) The maintenance guidelines set forth in paragraph (b) of this subsection (3) do not
create a presumptive amount or term of maintenance. The court has discretion to determine the
award of maintenance that is fair and equitable to both parties based upon the totality of the
circumstances. The court shall make specific written or oral findings in support of the amount
and term of maintenance awarded pursuant to this section or an order denying maintenance.
(f) The court may award additional marital property to the recipient spouse or otherwise
adjust the distribution of marital property or debt to alleviate the need for maintenance or to
reduce the amount or term of maintenance awarded.
(g) The court may reserve jurisdiction to establish, review, or modify an award of
maintenance at a later date pursuant to the provisions of this section by setting forth:
(I) The reasons for reserving jurisdiction;
(II) The ascertainable future event that forms the basis for reserving jurisdiction; and
(III) A reasonably specific time within which maintenance may be considered pursuant
to this section.
(h) The court may award maintenance in short-term marriages, including marriages of
less than three years in duration, when, given the circumstances of the parties, the distribution of
marital property is insufficient to achieve an equitable result. In determining the award of
maintenance, the court may consider the maintenance guidelines and the relevant factors
affecting the amount and term of maintenance set forth in this subsection (3). The court shall
make written or oral findings pursuant to paragraph (e) of this subsection (3).
(i) Nothing in this section prohibits an award of maintenance in gross.
(3.5) Combined annual adjusted gross income in excess of advisory guideline
amount. If the parties' combined annual adjusted gross income exceeds two hundred forty
thousand dollars, the calculation methodology described in subsection (3)(b)(I) of this section for
determining the advisory guideline amount of maintenance does not apply, and the court shall
instead consider the factors set forth in subsection (3)(c) of this section in determining the
amount of maintenance. The court may consider the advisory guideline term of maintenance set
forth in subsection (3)(b)(II) of this section.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 90 of 247
(4) Temporary maintenance. (a) (I) In every proceeding for dissolution of marriage,
legal separation, or declaration of invalidity where temporary maintenance is requested by a
party, the court may award a monthly amount of temporary maintenance pursuant to the
provisions of subsection (3) of this section that are relevant to a determination of temporary
maintenance.
(II) The guideline term of maintenance set forth in subparagraph (II) of paragraph (b) of
subsection (3) of this section does not apply to temporary maintenance orders. The court shall
determine the term for payment of temporary maintenance.
(III) In addition to the relevant factors set forth in paragraph (c) of subsection (3) of this
section, the court shall consider any additional factors specific to the determination of temporary
maintenance, including the payment of family expenses and debts.
(b) After determining the amount of temporary maintenance pursuant to this subsection
(4) and the amount of temporary child support pursuant to section 14-10-115, the court shall
consider the respective financial resources of each party and determine the temporary payment
of marital debt and the temporary allocation of marital property.
(c) A determination of temporary maintenance does not prejudice the rights of either
party at permanent orders.
(5) Modification or termination of maintenance. (a) Except upon written agreement
of the parties, an award of maintenance entered pursuant to this section may be modified or
terminated pursuant to the provisions of section 14-10-122. The court may consider the guideline
amount and term of maintenance and the statutory factors set forth in subsection (3) of this
section only in a modification or termination proceeding concerning a maintenance award
entered on or after January 1, 2014.
(b) The enactment of this section does not constitute a substantial and continuing change
of circumstance for purposes of modifying maintenance orders entered before January 1, 2014.
(c) The enactment of the December 2017 "Tax Cuts and Jobs Act", Pub.L. 115-97,
federal tax legislation, does not constitute a substantial and continuing change of circumstance
for purposes of modifying maintenance orders entered prior to the effective date of that law.
(6) Security for the payment of maintenance. (a) The court may require the payor
spouse to provide reasonable security for the payment of maintenance in the event of the payor
spouse's death prior to the end of the maintenance term.
(b) Reasonable security may include, but need not be limited to, maintenance of life
insurance for the benefit of the recipient spouse. In entering an order to maintain life insurance,
the court shall consider:
(I) The age and insurability of the payor spouse;
(II) The cost of the life insurance;
(III) The amount and term of the maintenance;
(IV) Whether the parties carried life insurance during the marriage;
(V) Prevailing interest rates at the time of the order; and
(VI) Other obligations of the payor spouse.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 91 of 247
(c) Orders to maintain security may be modified or terminated pursuant to section
14-10-122.
(7) Maintenance agreements - waiver - unrepresented parties. (a) Either or both of
the parties may agree in writing or orally in court to waive maintenance consistent with the
provisions of section 14-10-112. The parties may also agree to waive maintenance in a
premarital agreement or marital agreement consistent with the provisions of the "Uniform
Premarital and Marital Agreements Act", created in part 3 of article 2 of this title. The
enforceability of maintenance provisions in a premarital agreement or marital agreement is
determined pursuant to the provisions of section 14-2-309.
(b) In any proceeding that falls within the maintenance guidelines set forth in subsection
(3) of this section, at the time of either temporary orders or permanent orders, if either party is
not represented by an attorney, the court shall not approve an agreement waiving maintenance or
agreeing to an amount or term of maintenance that does not follow the maintenance guidelines
unless the unrepresented party has indicated that he or she is aware of the maintenance
guidelines pursuant to this section.
(8) Definitions. As used in this section, unless the context otherwise requires:
(a) (I) "Adjusted gross income" means gross income as defined in subsection (8)(c) of
this section, less preexisting court-ordered child support obligations actually paid by a party,
preexisting court-ordered alimony or maintenance obligations actually paid by a party, as
adjusted, if applicable, pursuant to subsection (8)(a)(III) of this section, and the adjustment to a
party's income as determined pursuant to section 14-10-115 (6)(b) for any children who are not
children of the marriage for whom the party has a legal responsibility to support.
(II) For purposes of this subsection (8)(a), "income" means the actual gross income of a
party, if employed to full capacity, or potential income, if unemployed or underemployed.
(III) (A) For purposes of this subsection (8)(a), if the preexisting court-ordered alimony
or maintenance obligations actually paid by a party are deductible for federal income tax
purposes by that party, then the full amount of alimony or maintenance actually paid must be
deducted from that party's gross income.
(B) If the preexisting court-ordered alimony or maintenance obligations actually paid by
a party are not deductible for federal income tax purposes by that party, then the amount of
preexisting court-ordered alimony or maintenance that is deducted from that party's gross
income is the amount actually paid by that party multiplied by 1.25.
(b) "Duration of marriage" means the number of whole months, beginning from the first
day of the month following the date of the parties' marriage until the date of decree or the date of
the hearing on disposition of property if such hearing precedes the date of the decree.
(c) (I) "Gross income" means income from any source and includes, but is not limited to:
(A) Income from salaries;
(B) Wages, including tips declared by the individual for purposes of reporting to the
federal internal revenue service or tips imputed to bring the employee's gross earnings to the
minimum wage for the number of hours worked, whichever is greater;
(C) Commissions;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 92 of 247
(D) Payments received as an independent contractor for labor or services, which
payments must be considered income from self-employment;
(E) Bonuses;
(F) Dividends;
(G) Severance pay;
(H) Pension payments and retirement benefits actually received that have not previously
been divided as property in this action, including but not limited to those paid pursuant to articles
51, 54, 54.5, and 54.6 of title 24, C.R.S., and article 30 of title 31, C.R.S.;
(I) Royalties;
(J) Rents;
(K) Interest;
(L) Trust income and distributions;
(M) Annuity payments;
(N) Capital gains;
(O) Any moneys drawn by a self-employed individual for personal use that are deducted
as a business expense, which moneys must be considered income from self-employment;
(P) Social security benefits, including social security benefits actually received by a
party as a result of the disability of that party;
(Q) Workers' compensation benefits;
(R) Unemployment insurance benefits;
(S) Disability insurance benefits;
(T) Funds held in or payable from any health, accident, disability, or casualty insurance
to the extent that such insurance replaces wages or provides income in lieu of wages;
(U) Monetary gifts;
(V) Monetary prizes, excluding lottery winnings not required by the rules of the
Colorado lottery commission to be paid only at the lottery office;
(W) Income from general partnerships, limited partnerships, closely held corporations,
or limited liability companies; except that, if a party is a passive investor, has a minority interest
in the company, and does not have any managerial duties or input, then the income to be
recognized may be limited to actual cash distributions received;
(X) Expense reimbursements or in-kind payments received by a party in the course of
employment, self-employment, or operation of a business if they are significant and reduce
personal living expenses;
(Y) Alimony or maintenance received pursuant to a preexisting court order with a payor
who is not a party to the action, as adjusted, if applicable, pursuant to subsection (8)(c)(VI) of
this section; and
(Z) Overtime pay, only if the overtime is required by the employer as a condition of
employment.
(II) "Gross income" does not include:
(A) Child support payments received;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 93 of 247
(B) Benefits received from means-tested public assistance programs, including but not
limited to assistance provided under the Colorado works program, as described in part 7 of
article 2 of title 26, C.R.S., supplemental security income, food stamps, and general assistance;
(C) Income from additional jobs that result in the employment of the obligor more than
forty hours per week or more than what would otherwise be considered to be full-time
employment;
(D) Social security benefits received by a parent on behalf of a minor child as a result of
the death or disability of a parent or stepparent; and
(E) Earnings or gains on retirement accounts, including individual retirement accounts;
except that such earnings or gains shall not be included as income unless a party takes a
distribution from the account. If a party may take a distribution from the account without being
subject to a federal tax penalty for early distribution and the party chooses not to take a
distribution, the court may consider the distribution that could have been taken in determining
the party's gross income.
(III) (A) For income from self-employment, rent, royalties, proprietorship of a business,
or joint ownership of a partnership or closely held corporation, "gross income" equals gross
receipts minus ordinary and necessary expenses, as defined in sub-subparagraph (B) of this
subparagraph (III), required to produce such income.
(B) "Ordinary and necessary expenses", as used in sub-subparagraph (A) of this
subparagraph (III), does not include amounts allowable by the internal revenue service for the
accelerated component of depreciation expenses or investment tax credits or any other business
expenses determined by the court to be inappropriate for determining gross income for purposes
of calculating maintenance.
(IV) If a party is voluntarily unemployed or underemployed, maintenance shall be
calculated based on a determination of potential income; except that a determination of potential
income shall not be made for a party who is physically or mentally incapacitated or is caring for
a child under the age of thirty months for whom the parties owe a joint legal responsibility or for
an incarcerated parent sentenced to one year or more.
(V) For the purposes of this section, a party shall not be deemed "underemployed" if:
(A) The employment is temporary and is reasonably intended to result in higher income
within the foreseeable future; or
(B) The employment is a good faith career choice; or
(C) The party is enrolled in an educational program that is reasonably intended to result
in a degree or certification within a reasonable period of time and that will result in a higher
income, so long as the educational program is a good faith career choice.
(VI) For purposes of subsection (8)(c)(I)(Y) of this section, if alimony or maintenance
received by a party pursuant to a preexisting court order is taxable income to that party for
federal income tax purposes, then the actual amount of alimony or maintenance received is
included in that party's gross income. If the alimony or maintenance received by a party pursuant
to a preexisting court order is not taxable income to that party for federal income tax purposes,
Colorado Revised Statutes 2023 Uncertified PrintoutPage 94 of 247
then the amount of alimony or maintenance that is included in that party's gross income is the
amount of alimony or maintenance received multiplied by 1.25.
(9) Application. The provisions of this section apply only to actions in which a petition
for dissolution of marriage, legal separation, or declaration of invalidity, or an action for the
initial establishment of maintenance is filed on or after January 1, 2014. Actions filed before
January 1, 2014, are determined pursuant to the provisions of this section as it existed at the time
of the filing of the action.
Source: L. 71: R&RE, p. 526, § 1. C.R.S. 1963: § 46-1-14. L. 79: (2)(b) amended, p.
644, § 1, effective July 1. L. 98: (2)(a) amended, p. 1397, § 41, effective February 1, 1999. L.
2001: Entire section amended, p. 481, § 1, effective July 1. L. 2007: (2)(b)(IV)(A) amended, p.
107, § 2, effective March 16. L. 2013: Entire section R&RE, (HB 13-1058), ch. 176, p. 639, § 1,
effective January 1, 2014. L. 2014: (9) amended, (HB 14-1379), ch. 307, p. 1300, § 1, effective
May 31. L. 2015: (7)(a) amended, (SB 15-264), ch. 259, p. 951, § 36, effective August 5. L.
2016: (8)(a)(I) amended, (HB 16-1165), ch. 157, p. 497, § 10, effective January 1, 2017. L.
2018: (1)(c), (3)(a)(I)(C), (3)(a)(I)(D), IP(3)(b), (3)(b)(I), (3)(b)(II)(A), (3)(c)(XI), (3)(c)(XII),
(8)(a), and (8)(c)(I)(Y) amended and (3)(a)(I)(E), (3)(c)(XIII), (3.5), (5)(c), and (8)(c)(VI)
added, (HB 18-1385), ch. 251, p. 1543, § 1, effective August 8.
Editor's note: For purposes of subsection (3)(b), the uppermost limits of the schedule of
basic child support obligations were changed by House Bill 13-1209 from an annual combined
adjusted gross income of $240,000 to an annual combined adjusted gross income of $360,000,
effective January 1, 2014. (See § 14-10-115 (7).)
14-10-115. Child support guidelines - purpose - determination of income - schedule
of basic child support obligations - adjustments to basic child support - additional
guidelines - child support commission - definitions. (1) Purpose and applicability. (a) The
child support guidelines and schedule of basic child support obligations have the following
purposes:
(I) To establish as state policy an adequate standard of support for children, subject to
the ability of parents to pay;
(II) To make awards more equitable by ensuring more consistent treatment of persons in
similar circumstances; and
(III) To improve the efficiency of the court process by promoting settlements and giving
courts and the parties guidance in establishing levels of awards.
(b) The child support guidelines and schedule of basic child support obligations do the
following:
(I) Calculate child support based upon the parents' combined adjusted gross income
estimated to have been allocated to the child if the parents and children were living in an intact
household;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 95 of 247
(II) Adjust the child support based upon the needs of the children for extraordinary
medical expenses and work-related child care costs; and
(III) Allocate the amount of child support to be paid by each parent based upon physical
care arrangements.
(c) This section shall apply to all child support obligations, established or modified, as a
part of any proceeding, including, but not limited to, articles 5, 6, and 10 of this title and articles
4 and 6 of title 19, C.R.S., regardless of when filed.
(2) Duty of support - factors to consider. (a) In a proceeding for dissolution of
marriage, legal separation, maintenance, or child support, the court may order either or both
parents owing a duty of support to a child of the marriage to pay an amount reasonable or
necessary for the child's support and may order an amount determined to be reasonable under the
circumstances for a time period that occurred after the date of the parties' physical separation or
the filing of the petition or service upon the respondent, whichever date is latest, and prior to the
month the child support obligation begins, without regard to marital misconduct.
(b) In determining the amount of support under this subsection (2), the court shall
consider all relevant factors, including:
(I) The financial resources of the child;
(II) The financial resources of the custodial parent;
(III) The standard of living the child would have enjoyed had the marriage not been
dissolved;
(IV) The physical and emotional condition of the child and his or her educational needs;
and
(V) The financial resources and needs of the noncustodial parent.
(3) Definitions. As used in this section, unless the context otherwise requires:
(a) (I) "Adjusted gross income" means gross income, as specified in subsection (5) of
this section, less preexisting child support obligations and less alimony or maintenance actually
paid by a parent, as described in subsection (3)(a)(II) of this section.
(II) For purposes of this subsection (3)(a), if the alimony or maintenance actually paid
by a parent is deductible for federal income tax purposes by that parent, and the alimony or
maintenance is paid and received by the same parties as the child support calculation, then the
actual amount of alimony or maintenance paid by that parent must be deducted from that parent's
gross income. If the alimony or maintenance actually paid by a parent is not deductible for
federal income tax purposes by that parent, then the amount of alimony or maintenance deducted
from that parent's gross income is the amount of alimony or maintenance actually paid by that
parent subject to the following adjustments:
(A) If the combined monthly adjusted gross income of the parties to the maintenance
payment is ten thousand dollars or less, the maintenance actually paid will be multiplied by 1.25;
(B) If the combined monthly adjusted gross income of the parties to the maintenance
payment is more than ten thousand dollars, the maintenance actually paid will be multiplied by
1.33; and
Colorado Revised Statutes 2023 Uncertified PrintoutPage 96 of 247
(C) If the amount of alimony or maintenance actually paid is increased as described in
this section because it is not deductible for federal income tax purposes, there is a rebuttable
presumption that the multiplier is correct. The presumption may be rebutted with evidence
indicating a different multiplier is more accurate due to the tax implications of the maintenance
payment being different than that reflected by the multiplier.
(III) If a court-ordered alimony or maintenance obligation actually paid by a party does
not involve the same parties as the child support calculation and is not deductible for federal
income tax purposes by that party, then the amount of the court-ordered alimony or maintenance
that is deducted from that party's gross income is the amount actually paid by that party
multiplied by 1.25.
(b) "Combined gross income" means the combined monthly adjusted gross incomes of
both parents.
(c) "Income" means the actual gross income of a parent, if employed to full capacity, or
potential income, if unemployed or underemployed. Gross income of each parent shall be
determined according to subsection (5) of this section.
(c.5) "Mandatory school fees" means fees charged by a school or school district,
including a charter school, for a child attending public primary or secondary school for activities
that are directly related to the educational mission of the school, including but not limited to
laboratory fees; book or educational material fees; school computer or automation-related fees,
whether paid to the school directly or purchased by a parent; testing fees; and supply or material
fees paid to the school. "Mandatory school fees" does not include uniforms, meals, or
extracurricular activity fees.
(d) "Number of children due support", as used in the schedule of basic child support
obligations specified in subsection (7) of this section, means children for whom the parents share
joint legal responsibility and for whom support is being sought.
(e) "Other children" means children who are not the subject of the child support
determination at issue.
(f) "Postsecondary education" includes college and career and technical education
programs.
(g) "Postsecondary education support" means support for the following expenses
associated with attending a college, university, or career and technical education program:
Tuition, books, and fees.
(h) "Shared physical care", for the purposes of the child support guidelines and schedule
of basic child support obligations specified in this section, and as further specified in paragraph
(b) of subsection (8) of this section, means that each parent keeps the children overnight for
more than ninety-two overnights each year and that both parents contribute to the expenses of
the children in addition to the payment of child support.
(i) "Split physical care", for the purposes of the child support guidelines and schedule of
basic child support obligations specified in this section, and as further specified in paragraph (c)
of subsection (8) of this section, means that each parent has physical care of at least one of the
children by means of that child or children residing with that parent the majority of the time.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 97 of 247
(4) [Editor's note: This version of subsection (4)(a) is effective until July 1, 2024.]
Forms - identifying information. (a) The child support guidelines shall be used with
standardized child support guideline forms to be issued by the judicial department. The judicial
department is responsible for promulgating and updating the Colorado child support guideline
forms, schedules, worksheets, and instructions.
(4) [Editor's note: This version of subsection (4)(a) is effective July 1, 2024.] Forms -
identifying information - advisement. (a) The child support guidelines must be used with
standardized child support guideline forms to be issued by the judicial department. The judicial
department is responsible for promulgating and updating the Colorado child support guideline
forms, schedules, worksheets, instructions, and advisements.
(b) All child support orders entered pursuant to this article shall provide the names and
dates of birth of the parties and of the children who are the subject of the order and the parties'
residential and mailing addresses. The social security numbers of the parties and children shall
be collected pursuant to section 14-14-113 and section 26-13-127, C.R.S.
(c) [Editor's note: Subsection (4)(c) is effective July 1, 2024.] All child support orders
entered pursuant to this article 10 must include a written advisement to the parties that conform
with the written child support advisement approved by the judicial branch, covering the
following topics, in plain language:
(I) That a party who does not pay child support may be subject to judicial and
administrative enforcement remedies and examples of those remedies;
(II) The operation of income assignments;
(III) The application of interest on arrears;
(IV) The parties' obligations concerning proof of payment;
(V) The basis for a modification or change of support, including the definition of a
substantial and continuing change of circumstances;
(VI) The effect of agreements to modify or amend child support and the requirement for
court authorization or administrative process action of all modifications or amendments;
(VII) The effect of emancipation; and
(VIII) The effect of spousal maintenance.
(5) Determination of income. (a) For the purposes of the child support guidelines and
schedule of basic child support obligations specified in this section, the gross income of each
parent shall be determined according to the following guidelines:
(I) "Gross income" includes income from any source, except as otherwise provided in
subsection (5)(a)(II) of this section, and includes, but is not limited to:
(A) Income from salaries;
(B) Wages, including tips declared by the individual for purposes of reporting to the
federal internal revenue service or tips imputed to bring the employee's gross earnings to the
minimum wage for the number of hours worked, whichever is greater;
(C) Commissions;
(D) Payments received as an independent contractor for labor or services, which
payments must be considered income from self-employment;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 98 of 247
(E) Bonuses;
(F) Dividends;
(G) Severance pay;
(H) Pensions and retirement benefits, including but not limited to those paid pursuant to
articles 51, 54, 54.5, and 54.6 of title 24, C.R.S., and article 30 of title 31, C.R.S.;
(I) Royalties;
(J) Rents;
(K) Interest;
(L) Trust income;
(M) Annuities;
(N) Capital gains;
(O) Any moneys drawn by a self-employed individual for personal use that are deducted
as a business expense, which moneys must be considered income from self-employment;
(P) Social security benefits, including social security benefits actually received by a
parent as a result of the disability of that parent or as the result of the death of the minor child's
stepparent but not including social security benefits received by a minor child or on behalf of a
minor child as a result of the death or disability of a stepparent of the child;
(Q) Workers' compensation benefits;
(R) Unemployment insurance benefits;
(S) Disability insurance benefits;
(T) Funds held in or payable from any health, accident, disability, or casualty insurance
to the extent that such insurance replaces wages or provides income in lieu of wages;
(U) Monetary gifts;
(V) Monetary prizes, excluding lottery winnings not required by the rules of the
Colorado lottery commission to be paid only at the lottery office;
(W) Income from general partnerships, limited partnerships, closely held corporations,
or limited liability companies. However, if a parent is a passive investor, has a minority interest
in the company, and does not have any managerial duties or input, then the income to be
recognized may be limited to actual cash distributions received.
(X) Expense reimbursements or in-kind payments received by a parent in the course of
employment, self-employment, or operation of a business if they are significant and reduce
personal living expenses;
(Y) Alimony or maintenance received, as adjusted, if applicable, pursuant to subsection
(5)(a)(I.5) of this section; and
(Z) Overtime pay, only if the overtime is required by the employer as a condition of
employment.
(I.5) For purposes of subsection (5)(a)(I)(Y) of this section, if the alimony or
maintenance actually received by a parent is taxable income to that parent for federal income tax
purposes, then the actual amount of alimony or maintenance received is included in that parent's
gross income. If the alimony or maintenance actually received by a parent is not taxable income
to that parent for federal income tax purposes, and the alimony or maintenance is paid and
Colorado Revised Statutes 2023 Uncertified PrintoutPage 99 of 247
received by the same parties as the child support calculation, then the amount of alimony or
maintenance that is included in that parent's gross income is the amount of alimony or
maintenance received by that parent subject to the following adjustments:
(A) If the combined monthly adjusted gross income of the parties to the maintenance
payment is ten thousand dollars or less, the maintenance actually received will be multiplied by
1.25;
(B) If the combined monthly adjusted gross income of the parties to the maintenance
payment is more than ten thousand dollars, the maintenance actually received will be multiplied
by 1.33; and
(C) If the amount of alimony or maintenance actually received is increased as described
in this section because it is not deductible for federal income tax purposes, there is a rebuttable
presumption that the multiplier is correct. The presumption may be rebutted with evidence
indicating a different multiplier is more accurate due to the tax implications of the maintenance
payment being different than that reflected by the multiplier.
(II) "Gross income" does not include:
(A) Child support payments received;
(B) Benefits received from means-tested public assistance programs, including but not
limited to assistance provided under the Colorado works program, as described in part 7 of
article 2 of title 26, C.R.S., supplemental security income, food stamps, and general assistance;
(C) Income from additional jobs that result in the employment of more than forty hours
per week or more than what would otherwise be considered to be full-time employment;
(D) Social security benefits received by the minor children, or on behalf of the minor
children, as a result of the death or disability of a stepparent are not to be included as income for
the minor children for the determination of child support; and
(E) Earnings or gains on a retirement account, including an IRA, which earnings or gains
must not be included as income unless or until a parent takes a distribution from the account. If a
distribution from a retirement account may be taken without being subject to an IRS penalty for
early distribution and the parent decides not to take the distribution, the court may consider the
distribution that could have been taken in determining the parent's gross income if the parent is
not otherwise employed full-time and the retirement account was not received pursuant to the
division of marital property.
(III) (A) For income from self-employment, rent, royalties, proprietorship of a business,
or joint ownership of a partnership or closely held corporation, "gross income" equals gross
receipts minus ordinary and necessary expenses, as defined in sub-subparagraph (B) of this
subparagraph (III), required to produce such income.
(B) "Ordinary and necessary expenses" does not include amounts allowable by the
internal revenue service for the accelerated component of depreciation expenses or investment
tax credits or any other business expenses determined by the court to be inappropriate for
determining gross income for purposes of calculating child support.
(IV) If a preexisting court-ordered alimony or maintenance obligation actually received
by a party does not involve the same parties as the child support calculation and is not deductible
Colorado Revised Statutes 2023 Uncertified PrintoutPage 100 of 247
for federal income tax purposes by that party, then the amount of preexisting court-ordered
alimony or maintenance that is deducted from that party's gross income is the amount actually
received by that party multiplied by 1.25.
(b) (I) If a parent is voluntarily unemployed or underemployed, child support must be
calculated based on a determination of potential income; except that a determination of potential
income must not be made for:
(A) A parent who is physically or mentally incapacitated;
(B) A parent who is caring for a child under the age of twenty-four months for whom the
parents owe a joint legal responsibility; or
(C) An incarcerated parent sentenced to one hundred eighty days or more.
(I.5) If the court or delegate child support enforcement unit imputes income pursuant to
this subsection (5), the provisions of subsection (5)(b.5) of this section apply.
(II) If a noncustodial parent who owes past-due child support is unemployed and not
incapacitated and has an obligation of support to a child receiving assistance pursuant to part 7
of article 2 of title 26, C.R.S., the court or delegate child support enforcement unit may order the
parent to pay such support in accordance with a plan approved by the court or to participate in
work activities. Work activities may include one or more of the following:
(A) Private or public sector employment;
(B) Job search activities;
(C) Community service;
(D) Vocational training; or
(E) Any other employment-related activities available to that particular individual.
(III) For the purposes of this section, a parent is not deemed "underemployed" if:
(A) The employment is temporary and is reasonably intended to result in higher income
within the foreseeable future; or
(B) The employment is a good faith career choice that is not intended to deprive a child
of support and does not unreasonably reduce the support available to a child; or
(C) The parent is enrolled full-time in an educational or vocational program or is
employed part-time while enrolled in a part-time educational or vocational program, based on
the institution's enrollment definitions, and the program is reasonably intended to result in a
degree or certification within a reasonable period of time; completing the program will result in a
higher income; the program is a good faith career choice that is not intended to deprive the child
of support; and the parent's participation in the program does not unreasonably reduce the
amount of child support available to a child.
(b.5) (I) Except as otherwise provided in this section, if the court or delegate child
support enforcement unit determines that a parent is voluntarily unemployed or underemployed
or employment information is unreliable, the court or delegate child support enforcement unit
shall determine and document, for the record, the parent's potential income.
(II) In determining potential income, the court or delegate child support enforcement
unit shall consider, to the extent known, the specific circumstances of the parent, including
consideration of the following information, when available:
Colorado Revised Statutes 2023 Uncertified PrintoutPage 101 of 247
(A) The parent's assets;
(B) Residence;
(C) Employment and earnings history;
(D) Job skills;
(E) Educational attainment;
(F) Literacy;
(G) Age;
(H) Health;
(I) Criminal record;
(J) Other employment barriers;
(K) Record of seeking work;
(L) The local job market;
(M) The availability of employers hiring in the community, without changing existing
law regarding the burden of proof;
(N) Prevailing earnings level in the local community. The typical hours available to
workers in the parent's job sector as established by any reliable source generally used and relied
on by the public or persons in a particular occupation, including, but not limited to, verified
statements, work history, the United States department of labor's bureau of labor statistics or
other reliable compilations, the department of labor and employment, or other information
provided by the parent. In the absence of any such information, the court or delegate child
support enforcement unit shall determine the parent's income based on a reasonable rate of pay
for a thirty-two-hour workweek for fifty weeks each year, subject to other factors set forth in this
section that may affect the number of hours the parent is capable of working, such as age, health,
or the specific needs of the subject child.
(O) Transportation; and
(P) Other relevant background factors in the case.
(c) Income statements of the parents shall be verified with documentation of both current
and past earnings. Suitable documentation of current earnings includes pay stubs, employer
statements, or receipts and expenses if self-employed. Documentation of current earnings shall
be supplemented with copies of the most recent tax return to provide verification of earnings
over a longer period. A copy of wage statements or other wage information obtained from the
computer database maintained by the department of labor and employment shall be admissible
into evidence for purposes of determining income under this subsection (5).
(6) Adjustments to gross income. (a) At the time a child support order is initially
established, or in any proceeding to modify a child support order, if a parent is also legally
responsible for the support of any other children for whom the parents do not share joint legal
responsibility, the court shall make an adjustment to the parent's gross income prior to
calculating the basic child support obligation for the child or children who are the subject of the
support order in question as follows:
(I) If a parent is obligated to pay support for another child pursuant to an order, the
amount actually paid on the order must be deducted from that parent's gross income;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 102 of 247
(II) If the other child is residing in the home of a parent, the court shall deduct from that
parent's gross income the amount calculated pursuant to paragraph (b) of this subsection (6);
(III) If another child of a parent is residing outside the home of that parent, the court
shall deduct from that parent's gross income the amount of documented money payments
actually paid by the parent for the support of the other child, not to exceed the schedule of basic
support obligations set forth in subsection (7) of this section.
(b) The amount of the adjustment must not exceed the schedule of basic support
obligations listed in this section. For a parent with gross income of less than one thousand five
hundred dollars, the adjustment is seventy-five percent of the amount listed under the schedule
of basic child support obligations in subsection (7)(b) of this section that would represent a child
support obligation based only upon the responsible parent's income, without any other
adjustments for the number of children for whom the parent is responsible. For a parent with
gross income of one thousand five hundred dollars or more per month, the adjustment is
seventy-five percent of the amount listed under the schedule of basic child support obligations in
subsection (7)(b) of this section that would represent a child support obligation based only upon
the responsible parent's income, without any other adjustments for the number of other children
for whom the parent is responsible. The amount calculated as set forth in this subsection (6)(b)
must be subtracted from the amount of the parent's gross income prior to calculating the basic
child support obligation based upon both parents' gross income, as provided in subsection (7) of
this section.
(7) Schedule of basic child support obligations. (a) (I) The basic child support
obligation shall be determined using the schedule of basic child support obligations contained in
paragraph (b) of this subsection (7). The basic child support obligation shall be divided between
the parents in proportion to their adjusted gross incomes.
(II) (A) For combined gross income that falls between amounts shown in the schedule of
basic child support obligations, basic child support amounts shall be interpolated. The category
entitled "number of children due support" in the schedule of basic child support obligations shall
have the meaning defined in subsection (3) of this section.
(B) In circumstances in which the obligor's monthly adjusted gross income is less than
one thousand five hundred dollars but more than six hundred fifty dollars, the obligor is required
to pay a child support payment of fifty dollars per month for one child, seventy dollars per
month for two children, ninety dollars per month for three children, one hundred ten dollars per
month for four children, one hundred thirty dollars per month for five children, and one hundred
fifty dollars per month for six or more children. The minimum order amount shall not apply
when each parent keeps the children more than ninety-two overnights each year as defined in
subsection (3)(h) of this section. In no case, however, shall the amount of child support ordered
to be paid exceed the amount of child support that would otherwise be ordered to be paid if the
parents did not share physical custody.
(C) For an obligor with an adjusted gross income that is less than or equal to one
thousand five hundred dollars but more than six hundred fifty dollars, the obligor's child support
amount, as determined pursuant to subsection (7)(a)(II)(B) of this section, must be adjusted
Colorado Revised Statutes 2023 Uncertified PrintoutPage 103 of 247
pursuant to subsection (11)(c)(III) of this section. The obligor's child support amount may be
further adjusted to include a share of the work-related and education-related child care costs,
health insurance, extraordinary medical expenses, and other extraordinary adjustments as
described in subsections (9), (10), (11)(a), and (11)(b) of this section. However, if at the time the
child support obligation is calculated, adjustments made pursuant to subsections (9), (10),
(11)(a), and (11)(b) of this section, together with the low-income adjustment amount, exceed
twenty percent of the obligor's adjusted gross income, the child support obligation must be
capped at twenty percent of the obligor's adjusted gross income. The low-income adjustment
does not apply when each parent keeps the children more than ninety-two overnights each year
as defined in subsection (8) of this section. In no case, however, shall the amount of child
support ordered to be paid exceed the amount of child support that would otherwise be ordered
to be paid if the parents did not share physical custody.
(D) In any circumstance in which the obligor's monthly adjusted gross income is less
than or equal to six hundred fifty dollars, regardless of the monthly adjusted gross income of the
obligee, the obligor must be ordered to pay the minimum monthly order amount in child support.
The minimum order amount is ten dollars per month, regardless of the number of children
between these parties. The ten-dollar minimum monthly order amount is not adjusted by the
number of the obligor's overnights with children.
(E) The judge may use discretion to determine child support in circumstances where
combined adjusted gross income exceeds the uppermost levels of the schedule of basic child
support obligations; except that the presumptive basic child support obligation shall not be less
than it would be based on the highest level of adjusted gross income set forth in the schedule of
basic child support obligations.
(b) Schedule of basic child support obligations:
Insert PDF file -- 2019 -- 2nd version effective July 1, 2020 -- Contact pub team for WP file
(8) Computation of basic child support - shared physical care - split physical care -
stipulations - deviations - basis for periodic updates. (a) Except in cases of shared physical
care or split physical care as defined in paragraphs (h) and (i) of subsection (3) of this section, a
total child support obligation is determined by adding each parent's respective basic child
support obligation, as determined through the guidelines and schedule of basic child support
obligations specified in subsection (7) of this section, work-related net child care costs,
extraordinary medical expenses, and extraordinary adjustments to the schedule of basic child
support obligations. The parent receiving a child support payment shall be presumed to spend his
or her total child support obligation directly on the children. The parent paying child support to
the other parent shall owe his or her total child support obligation as child support to the other
parent minus any ordered payments included in the calculations made directly on behalf of the
children for work-related net child care costs, extraordinary medical expenses, or extraordinary
adjustments to the schedule of basic child support obligations.
(b) Because shared physical care presumes that certain basic expenses for the children
will be duplicated, an adjustment for shared physical care is made by multiplying the basic child
support obligation by one and fifty hundredths (1.50). In cases of shared physical care, each
Colorado Revised Statutes 2023 Uncertified PrintoutPage 104 of 247
parent's adjusted basic child support obligation obtained by application of paragraph (b) of
subsection (7) of this section shall first be divided between the parents in proportion to their
respective adjusted gross incomes. Each parent's share of the adjusted basic child support
obligation shall then be multiplied by the percentage of time the children spend with the other
parent to determine the theoretical basic child support obligation owed to the other parent. To
these amounts shall be added each parent's proportionate share of work-related net child care
costs, extraordinary medical expenses, and extraordinary adjustments to the schedule of basic
child support obligations. The parent owing the greater amount of child support shall owe the
difference between the two amounts as a child support order minus any ordered direct payments
made on behalf of the children for work-related net child care costs, extraordinary medical
expenses, or extraordinary adjustments to the schedule of basic child support obligations. In no
case, however, shall the amount of child support ordered to be paid exceed the amount of child
support that would otherwise be ordered to be paid if the parents did not share physical custody.
(c) (I) In cases of split physical care, a child support obligation shall be computed
separately for each parent based upon the number of children living with the other parent in
accordance with subsections (7), (9), (10), and (11) of this section. The amount so determined
shall be a theoretical support obligation due each parent for support of the child or children for
whom he or she has primary physical custody. The obligations so determined shall then be
offset, with the parent owing the larger amount owing the difference between the two amounts as
a child support order.
(II) If the parents also share physical care as outlined in paragraph (b) of this subsection
(8), an additional adjustment for shared physical care shall be made as provided in paragraph (b)
of this subsection (8).
(d) Stipulations presented to the court shall be reviewed by the court for approval. No
hearing shall be required; however, the court shall use the guidelines and schedule of basic child
support obligations to review the adequacy of child support orders negotiated by the parties as
well as the financial affidavit that fully discloses the financial status of the parties as required for
use of the guidelines and schedule of basic child support obligations.
(e) In an action to establish or modify child support, whether temporary or permanent,
the guidelines and schedule of basic child support obligations set forth in subsection (7) of this
section shall be used as a rebuttable presumption for the establishment or modification of the
amount of child support. A court may deviate from the guidelines and schedule of basic child
support obligations where its application would be inequitable, unjust, or inappropriate. Any
such deviation shall be accompanied by written or oral findings by the court specifying the
reasons for the deviation and the presumed amount under the guidelines and schedule of basic
child support obligations without a deviation. These reasons may include, but are not limited to,
instances where one of the parents spends substantially more time with the child than is reflected
by a straight calculation of overnights, the extraordinary medical expenses incurred for treatment
of either parent or a current spouse, extraordinary costs associated with parenting time, the gross
disparity in income between the parents, the ownership by a parent of a substantial nonincome
producing asset, consistent overtime not considered in gross income under sub-subparagraph (C)
Colorado Revised Statutes 2023 Uncertified PrintoutPage 105 of 247
of subparagraph (II) of paragraph (a) of subsection (5) of this section, or income from
employment that is in addition to a full-time job or that results in the employment of the obligor
more than forty hours per week or more than what would otherwise be considered to be full-time
employment. The existence of a factor enumerated in this section does not require the court to
deviate from the guidelines and basic schedule of child support obligations but may be a factor
to be considered in the decision to deviate. The court may deviate from the guidelines and basic
schedule of child support obligations even if a factor enumerated in this section does not exist.
(f) The guidelines and schedule of basic child support obligations may be used by the
parties as the basis for periodic updates of child support obligations.
(g) For purposes of calculating child support, when two or more children are included in
the child support worksheet calculation and the parties have a different number of overnights
with two or more of the children, the number of overnights used to determine child support is
determined by adding together the number of overnights for each child and then dividing that
number by the number of children included in the child support worksheet calculation.
(9) Adjustments for child care costs. (a) Net child care costs incurred on behalf of the
children due to employment or job search or the education of either parent shall be added to the
basic obligation and shall be divided between the parents in proportion to their adjusted gross
incomes.
(b) Child care costs shall not exceed the level required to provide quality care from a
licensed source for the children. The value of the federal income tax credit for child care shall be
subtracted from actual costs to arrive at a figure for net child care costs.
(10) Adjustments for health-care expenditures for children. (a) In orders issued
pursuant to this section, the court shall also provide for the child's or children's current and future
medical needs by ordering either parent or both parents to initiate medical or medical and dental
insurance coverage for the child or children through currently effective medical or medical and
dental insurance policies held by the parent or parents, purchase medical or medical and dental
insurance for the child or children, or provide the child or children with current and future
medical needs through some other manner. If a parent has been directed to provide insurance
pursuant to this section and that parent's spouse provides the insurance for the benefit of the
child or children either directly or through employment, a credit on the child support worksheet
shall be given to the parent in the same manner as if the premium were paid by the parent. At the
same time, the court shall order payment of medical insurance or medical and dental insurance
deductibles and copayments.
(a.5) If a child is covered by insurance, the parent securing the coverage, the employer
providing the coverage, or the insurance provider shall provide, upon request by the policy
holder or by court order, the insurance provider's name, the insurance provider's telephone
number, the group and policy number, and the claim address to the non-policy holder. The
information must be provided unless otherwise ordered by the court for good cause shown. This
subsection (10) authorizes the release of information to the other party or parties. After notice to
the party or parties of this obligation, the court has the authority to fine the parent securing
coverage for failure to provide the required information.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 106 of 247
(b) The payment of a premium to provide health insurance coverage on behalf of the
children subject to the order shall be added to the basic child support obligation and shall be
divided between the parents in proportion to their adjusted gross income.
(c) The amount to be added to the basic child support obligation shall be the actual
amount of the total insurance premium that is attributable to the child who is the subject of the
order. If this amount is not available or cannot be verified, the total cost of the premium should
be divided by the total number of persons covered by the policy. The cost per person derived
from this calculation shall be multiplied by the number of children who are the subject of the
order and who are covered under the policy. This amount shall be added to the basic child
support obligation and shall be divided between the parents in proportion to their adjusted gross
incomes.
(d) After the total child support obligation is calculated and divided between the parents
in proportion to their adjusted gross incomes, the amount calculated in paragraph (c) of this
subsection (10) shall be deducted from the obligor's share of the total child support obligation if
the obligor is actually paying the premium. If the obligee is actually paying the premium, no
further adjustment is necessary.
(e) Prior to allowing the health insurance adjustment, the parent requesting the
adjustment must submit proof that the child or children have been enrolled in a health insurance
plan and must submit proof of the cost of the premium. Any parent providing insurance coverage
for the child pursuant to this section must notify the other party or parties and the delegate child
support enforcement unit of any change or discontinuation of coverage as soon as practicable,
but no later than fourteen days after the change.
(f) If a parent who is ordered by the court to provide medical or medical and dental
insurance for the child or children has insurance that excludes coverage of the child or children
because the child or children reside outside the geographic area covered by the insurance policy,
the court shall order separate coverage for the child or children if the court determines coverage
is available at a reasonable cost.
(g) Where the application of the premium payment on the guidelines and schedule of
basic child support obligations results in a child support order of fifty dollars or less, or the
premium payment is five percent or more of the parent's gross income, the court or delegate
child support enforcement unit may elect not to require the parent to include the child or children
on an existing policy or to purchase insurance. The parent is, however, required to provide
insurance when it becomes available at a reasonable cost.
(h) (I) Any extraordinary medical expenses incurred on behalf of the children shall be
added to the basic child support obligation and shall be divided between the parents in
proportion to their adjusted gross incomes.
(II) Extraordinary medical expenses are uninsured expenses, including copayments and
deductible amounts, in excess of two hundred fifty dollars per child per calendar year.
Extraordinary medical expenses include, but need not be limited to, such reasonable costs as are
reasonably necessary for orthodontia, dental treatment, asthma treatments, physical therapy,
Colorado Revised Statutes 2023 Uncertified PrintoutPage 107 of 247
vision care, professional counseling or psychiatric therapy for behavioral or mental health
disorders, and any uninsured chronic health problem.
(III) (A) The party seeking reimbursement for an uninsured medical expense must
provide proof of the expense to the reimbursing party within a reasonable time after incurring the
expense. Absent extraordinary circumstances, failure to provide proof of the expense to the
reimbursing party by July 1 of the year following the calendar year in which the expense was
incurred results in a waiver of the reimbursement.
(B) The party seeking reimbursement may file a motion for judgment of uninsured
medical expenses for that particular calendar year if the party fails to respond and reimburse the
expenses or reach a payment arrangement with the requesting party within forty-nine days after
the date the request was received. The motion must specify the amount of the expense incurred,
the amount sought from the other party pursuant to subsection (10)(h)(I) of this section, and
when and how the request for reimbursement was made to the other party. Any response to the
motion must include any objection to the costs requested or proposed payment arrangements.
(11) Extraordinary adjustments to the schedule of basic child support obligations -
periodic disability benefits. (a) By agreement of the parties or by order of court, the following
reasonable and necessary expenses incurred on behalf of the child must be divided between the
parents in proportion to their adjusted gross income:
(I) Any expenses for attending any special or private elementary or secondary schools to
meet the particular educational needs of the child or public school mandatory school fees; and
(II) Any expenses for transportation of the child, or the child and an accompanying
parent if the child is less than twelve years of age, between the homes of the parents.
(b) Any additional factors that actually diminish the basic needs of the child may be
considered for deductions from the basic child support obligation.
(c) (I) If the noncustodial parent receives periodic disability benefits granted by the
federal "Old-age, Survivors, and Disability Insurance Act", 42 U.S.C. sec. 401 et seq., due to the
disability of the noncustodial parent or receives employer-paid retirement benefits from the
federal government due to the retirement of the noncustodial parent, the noncustodial parent
shall notify the custodial party, and the delegate child support enforcement unit, if a party to the
case, within sixty days after the noncustodial party receives notice of such benefits.
(II) Absent good cause shown, the custodial parent must apply for dependent benefits for
the child or children within sixty days after the custodial parent receives notification pursuant to
subsection (11)(c)(I) of this section, and shall cooperate with the appropriate federal agency in
completing any application for benefits.
(III) In cases where the custodial parent receives periodic disability benefits granted by
the federal "Old-age, Survivors, and Disability Insurance Act", 42 U.S.C. sec. 401 et seq., on
behalf of dependent children due to the disability of the noncustodial parent or receives
employer-paid retirement benefits from the federal government on behalf of dependent children
due to the retirement of the noncustodial parent, the noncustodial parent's share of the total child
support obligation as determined pursuant to subsection (8) of this section must be reduced in an
amount equal to the amount of the benefits.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 108 of 247
(d) In cases where the custodial parent receives a lump sum retroactive award for
benefits granted by the federal old-age, survivors, or disability insurance benefits program, 42
U.S.C. sec. 7, on behalf of a dependent child due to the disability of the noncustodial parent, or
receives a lump sum retroactive award for employer-paid retirement benefits from the federal
government on behalf of a dependent child due to the retirement of the noncustodial parent, the
lump sum award received by the custodial parent must be credited against any retroactive
support judgment or any past-due child support obligation, regardless of whether the past-due
obligation has been reduced to judgment owed by the noncustodial parent. This credit must not
be given against any amounts owed by the noncustodial parent for debt as defined in section
14-14-104 or for any retroactive support or any arrearage that accrued prior to the date of
eligibility for disability or retirement benefits as determined by the social security
administration. Any lump sum retirement or disability payments due to the retirement or
disability of the noncustodial parent, received by the custodial parent as a result of the retirement
or disability of the noncustodial parent, paid for a period of time that precedes the date of such
benefit date eligibility, or any amount in excess of the established child support order or
judgment, must be deemed a gratuity to the child.
(12) Dependency exemptions. Unless otherwise agreed upon by the parties, the court
shall allocate the right to claim dependent children for income tax purposes between the parties.
These rights shall be allocated between the parties in proportion to their contributions to the
costs of raising the children. A parent shall not be entitled to claim a child as a dependent if he or
she has not paid all court-ordered child support for that tax year or if claiming the child as a
dependent would not result in any tax benefit.
(13) Emancipation. (a) For child support orders entered on or after July 1, 1997, unless
a court finds that a child is otherwise emancipated, emancipation occurs and child support
terminates without either party filing a motion when the last or only child attains nineteen years
of age unless one or more of the following conditions exist:
(I) The parties agree otherwise in a written stipulation after July 1, 1997;
(II) If the child is mentally or physically disabled, the court or the delegate child support
enforcement unit may order child support, including payments for medical expenses or insurance
or both, to continue beyond the age of nineteen;
(III) If the child is still in high school or an equivalent program, support continues until
the end of the month following graduation. A child who ceases to attend high school prior to
graduation and later reenrolls is entitled to support upon reenrollment and until the end of the
month following graduation, but not beyond age twenty-one.
(IV) If the child marries, the child shall be considered emancipated as of the date of the
marriage. If the marriage is annulled, dissolved, or declared invalid, child support may be
reinstated.
(V) If the child enters into active military duty, the child shall be considered
emancipated.
(b) Nothing in paragraph (a) of this subsection (13) or subsection (15) of this section
shall preclude the parties from agreeing in a written stipulation or agreement on or after July 1,
Colorado Revised Statutes 2023 Uncertified PrintoutPage 109 of 247
1997, to continue child support beyond the age of nineteen or to provide for postsecondary
education expenses for a child and to set forth the details of the payment of the expenses. If the
stipulation or agreement is approved by the court and made part of a decree of dissolution of
marriage or legal separation, the terms of the agreement shall be enforced as provided in section
14-10-112.
(14) Advisement to parties - annual exchange of information. (a) When a child
support order is entered or modified, unless otherwise ordered by the court, the parties shall
exchange information relevant to child support calculations on changes that have occurred since
the previous child support order, and other appropriate information once a year or less often, for
the purpose of updating and modifying the order without a court hearing. The parties shall use
the approved standardized child support forms specified in subsection (4) of this section in
exchanging financial information. The parents shall include the forms with any agreed
modification or an agreement that a modification is not appropriate at the time. If the agreed
amount departs from the guidelines and schedule of basic child support obligations, the parties
shall furnish statements of explanation with the forms and shall file the documents with the
court. The court shall review the agreement pursuant to this paragraph (a) and inform the parties
by regular mail whether or not additional or corrected information is needed, or that the
modification is granted, or that the modification is denied. If the parties cannot agree, a
modification pursuant to this paragraph (a) shall not be entered; however, either party may move
for or the court may schedule, upon its own motion, a modification hearing.
(b) Upon request of the noncustodial parent, the court may order the custodial parent to
submit an annual update of financial information using the approved standardized child support
forms, as specified in subsection (4) of this section, including information on the actual expenses
relating to the children of the marriage for whom support has been ordered. The court shall not
order the custodial parent to update the financial information pursuant to this paragraph (b) in
circumstances where the noncustodial parent has failed to exercise parenting time rights or when
child support payments are in arrears or where there is documented evidence of domestic
violence, child abuse, or a violation of a protection order on the part of the noncustodial parent.
The court may order the noncustodial parent to pay the costs involved in preparing an update to
the financial information. If the noncustodial parent claims, based upon the information in the
updated form, that the custodial parent is not spending the child support for the benefit of the
children, the court may refer the parties to a mediator to resolve the differences. If there are costs
for such mediation, the court shall order that the party requesting the mediation pay such costs.
(c) [Editor's note: Subsection (14)(c) is effective July 1, 2024.] In any status conference,
administrative conference, or hearing in which child support is at issue, the court or the delegate
child support unit shall verbally advise the parties that failure to pay child support ordered by the
court or as a result of an administrative process action may result in enforcement actions and the
addition of interest on arrears and that an agreement to modify child support is not effective until
approved by the court, or delegate child support unit for administrative orders, and entered as an
order.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 110 of 247
(15) Postsecondary education. (a) This subsection (15) shall apply to all child support
obligations established or modified as a part of any proceeding, including but not limited to
articles 5, 6, and 10 of this title and articles 4 and 6 of title 19, C.R.S., prior to July 1, 1997. This
subsection (15) shall not apply to child support orders established on or after July 1, 1997, which
shall be governed by paragraph (a) of subsection (13) of this section.
(b) For child support orders entered prior to July 1, 1997, unless a court finds that a child
is otherwise emancipated, emancipation occurs and child support terminates without either party
filing a motion when the last or only child attains nineteen years of age unless one or more of the
following conditions exist:
(I) The parties agree otherwise in a written stipulation after July 1, 1991;
(II) If the child is mentally or physically disabled, the court or the delegate child support
enforcement unit may order child support, including payments for medical expenses or insurance
or both, to continue beyond the age of nineteen;
(III) If the child is still in high school or an equivalent program, support continues until
the end of the month following graduation, unless there is an order for postsecondary education,
in which case support continues through postsecondary education as provided in this subsection
(15). A child who ceases to attend high school prior to graduation and later reenrolls is entitled
to support upon reenrollment and until the end of the month following graduation, but not
beyond age twenty-one.
(IV) If the child marries, the child shall be considered emancipated as of the date of the
marriage. If the marriage is annulled, dissolved, or declared invalid, child support may be
reinstated.
(V) If the child enters into active military duty, the child shall be considered
emancipated.
(c) If the court finds that it is appropriate for the parents to contribute to the costs of a
program of postsecondary education, then the court shall terminate child support and enter an
order requiring both parents to contribute a sum determined to be reasonable for the education
expenses of the child, taking into account the resources of each parent and the child. In
determining the amount of each parent's contribution to the costs of a program of postsecondary
education for a child, the court shall be limited to an amount not to exceed the amount listed
under the schedule of basic child support obligations in paragraph (b) of subsection (7) of this
section for the number of children receiving postsecondary education. If such an order is entered,
the parents shall contribute to the total sum determined by the court in proportion to their
adjusted gross incomes as defined in paragraph (a) of subsection (3) of this section. The amount
of contribution that each parent is ordered to pay pursuant to this subsection (15) shall be
subtracted from the amount of each parent's gross income, respectively, prior to calculating the
basic child support obligation for any remaining children pursuant to subsection (7) of this
section.
(d) In no case shall the court issue orders providing for both child support and
postsecondary education to be paid for the same time period for the same child regardless of the
age of the child.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 111 of 247
(e) Either parent or the child may move for an order at any time before the child attains
the age of twenty-one years. The order for postsecondary education support may not extend
beyond the earlier of the child's twenty-first birthday or the completion of an undergraduate
degree.
(f) Either a child seeking an order for postsecondary education expenses or on whose
behalf postsecondary education expenses are sought, or the parent from whom the payment of
postsecondary education expenses are sought, may request that the court order the child and the
parent to seek mediation prior to a hearing on the issue of postsecondary education expenses.
Mediation services shall be provided in accordance with section 13-22-305, C.R.S. The court
may order the parties to seek mediation if the court finds that mediation is appropriate.
(g) The court may order the support paid directly to the educational institution, to the
child, or in such other fashion as is appropriate to support the education of the child.
(h) A child shall not be considered emancipated solely by reason of living away from
home while in postsecondary education. If the child resides in the home of one parent while
attending school or during periods of time in excess of thirty days when school is not in session,
the court may order payments from one parent to the other for room and board until the child
attains the age of nineteen.
(i) If the court orders support pursuant to this subsection (15), the court or delegate child
support enforcement unit may also order that the parents provide health insurance for the child or
pay medical expenses of the child or both for the duration of the order. The order shall provide
that these expenses be paid in proportion to their adjusted gross incomes as defined in subsection
(3) of this section. The court or delegate child support enforcement unit shall order a parent to
provide health insurance if the child is eligible for coverage as a dependent on that parent's
insurance policy or if health insurance coverage for the child is available at reasonable cost.
(j) An order for postsecondary education expenses entered between July 1, 1991, and
July 1, 1997, may be modified pursuant to this subsection (15) to provide for postsecondary
education expenses subject to the statutory provisions for determining the amount of a parent's
contribution to the costs of postsecondary education, the limitations on the amount of a parent's
contribution, and the changes to the definition of postsecondary education consistent with this
section as it existed on July 1, 1994. An order for child support entered prior to July 1, 1997, that
does not provide for postsecondary education expenses shall not be modified pursuant to this
subsection (15).
(k) Postsecondary education support may be established or modified in the same manner
as child support under this article.
(16) Child support commission. (a) The child support guidelines, including the
schedule of basic child support obligations, and general child support issues must be reviewed at
least once every four years by a child support commission, which commission is hereby created.
After the periodic review described in this section, the commission shall submit a report to the
governor and to the general assembly explaining the commission's recommendations.
(b) As part of its review, the commission shall consider economic data on the cost of
raising children and analyze case data on the application of, and deviations from, the guidelines
Colorado Revised Statutes 2023 Uncertified PrintoutPage 112 of 247
and the schedule of basic child support obligations to be used in the commission's review to
ensure that deviations from the guidelines and schedule of basic child support obligations are
limited. Further, as part of its review, the commission shall consider:
(I) Establishing an adequate standard of support for children, subject to the parents'
ability to pay;
(II) Making awards more equitable by ensuring more consistent treatment of persons in
similar circumstances; and
(III) Improving the efficiency of the court process by promoting settlements and giving
courts and the parties guidance on establishing levels of awards.
(c) (I) The child support commission consists of no more than twenty-one members. The
commission is dedicated to including diverse perspectives in its recommendations.
(II) The governor shall appoint up to nineteen persons to the commission, who must
include:
(A) Representatives of the judiciary and the Colorado bar association;
(B) The director of the division in the state department of human services, who is
responsible for child support services, or the director's designee;
(C) A director of a county department of human or social services;
(D) The child support liaison to the judicial department;
(E) Interested parties;
(F) A certified public accountant; and
(G) At least four parent representatives, at least two of whom are present or past obligors
and two of whom are present or past obligees.
(III) In making appointments to the commission, the governor shall attempt to assure
racial, economic, gender, and geographical diversity.
(IV) The remaining two members of the commission are a member of the house of
representatives appointed by the speaker of the house of representatives and a member of the
senate appointed by the president of the senate and must not be members of the same political
party.
(d) Members of the child support commission shall be reimbursed for actual and
necessary expenses for travel and mileage incurred in connection with their duties. The child
support commission is authorized, subject to appropriation, to incur expenses related to its work,
including the costs associated with public hearings, printing, travel, and research.
(d.5) and (e) (Deleted by amendment, L. 2013.)
Source: L. 71: R&RE, p. 527, § 1. C.R.S. 1963: § 46-1-15. L. 85: (2) added, p. 592, §
10, effective July 1. L. 86: (3) to (16) added, p. 718, § 1, effective November 1. L. 87: (3)(b),
(5), IP(7)(a), (10)(a), (11), and (12) amended, (7)(b)(II), (15), and (16) repealed, (7)(d), (7)(e),
(10)(c), and (17) added, and (8), (9), (13), and (14) R&RE, pp. 587, 588, 600, 591, 589, §§ 5, 7,
38, 9, 6, 8, effective July 10. L. 89: (7)(d.5) added and (17) amended, p. 792, §§ 14, 15, effective
July 1. L. 90: (18) added, p. 890, § 10, effective June 7; (7)(a)(I)(A), (7)(c), and (13)(a)(III)
amended and (7)(b)(III) added, pp. 564, 890, 889, §§ 35, 10, 9, effective July 1. L. 91: (18)(a)
Colorado Revised Statutes 2023 Uncertified PrintoutPage 113 of 247
amended, p. 359, § 21, effective April 9; (1.5) added and (7)(b), (13), (14)(b), and (18) amended,
p. 234, § 1, effective July 1. L. 92: (17) amended, p. 2171, § 18, effective June 2; (1.5)(b)(I), (2),
(3)(a), (3)(b), (7)(a), (7)(e), (8), (10)(a)(II), (10)(c), (14)(c)(I), (18), and (18)(a) amended,
(1.5)(d), (13.5), (14.5), and (16.5) added, (7)(e) repealed, and (10)(b) R&RE, pp. 166, 203, 188,
169, 198, 193, §§ 1, 9, 2, 3, effective August 1. L. 93: (1.5)(b)(I) and (3)(b)(III) amended and
(1.5)(e) added, pp. 1556, 577, §§ 1, 7, effective July 1; (1.5)(b)(I), (2), and (10)(c) amended and
(3.5) and (18)(e) added, pp. 1559, 1560, §§ 7, 8, effective September 1. L. 94: (1.5)(b)(I),
(1.5)(e), (7)(a)(I)(A), (7)(b)(III), (7)(d.5)(I), and (18)(e) amended, p. 1536, § 5, effective July 1;
(18)(a) amended, p. 2645, § 107, effective July 1. L. 96: IP(1), (2), (3)(a), (3)(b)(II), (7)(a)(I)(A),
(7)(a)(I)(C), (7)(b)(I), (10)(a)(II), (11)(a), (12), (13.5), and (16.5) amended, p. 594, § 7, effective
July 1. L. 97: (1.5) amended and (1.6) and (1.7) added, p. 565, § 20, effective July 1; (1.5), (3.5),
(7)(b), and (18)(a) amended and (1.6) and (1.7) added, pp. 1264, 1312, §§ 8, 49, effective July 1;
(5) and (17) amended, p. 561, § 5, effective July 1; (7)(a)(I)(B) amended, p. 1240, § 37, effective
July 1. L. 98: (3)(a), (7)(d.5)(I), and (13)(a)(II) amended, p. 768, § 21, effective July 1;
(7)(a)(I)(A) amended, p. 921, § 7, effective July 1; (4)(c), (8), (9), (10)(c), and (14) amended, p.
1398, § 42, effective February 1, 1999. L. 99: (3.5) amended, p. 1085, § 2, effective July 1;
(7)(a)(I)(A) amended, p. 621, § 15, effective August 4. L. 2000: (18) amended, p. 1709, § 6,
effective July 1. L. 2001: (18)(a) amended and (19) added, p. 721, § 4, effective May 31. L.
2002: (10)(a)(II), (10)(b), and (13.5)(h)(II) amended, p. 286, § 1, effective January 1, 2003. L.
2003: (3)(b)(III) amended, p. 1011, § 15, effective July 1; (10)(a)(II)(B), (10)(a)(II)(C), and
(10)(a)(II)(D) amended, p. 1264, § 51, effective July 1. L. 2004: (5), (10)(a)(II)(A), (13.5)(h)(II),
and (19) amended, p. 385, § 1, effective July 1. L. 2005: (1.6) amended, p. 80, § 1, effective
August 8. L. 2006: IP(1.6) amended, p. 516, § 1, effective August 7. L. 2007: Entire section
amended with relocated provisions, p. 73, § 1, effective March 16; (16)(d.5) added, p. 178, § 7,
effective March 22; (13)(a)(IV), (13)(a)(V), (15)(b)(IV), and (15)(b)(V) added and IP(15)(b)
amended, p. 1649, §§ 5, 3, effective May 31; (6)(b)(I) and (10)(a) amended, p. 1651, § 7,
effective January 1, 2008. L. 2008: (4)(b) and (5)(b)(I) amended, p. 1347, § 1, effective July 1.
L. 2009: (5)(a)(I)(H) amended, (SB 09-282), ch. 288, p. 1397, § 59, effective January 1, 2010.
L. 2013: (5)(a)(I)(D), (5)(a)(I)(O), (5)(a)(I)(W), (6)(b)(I), (7)(a)(II)(B), (7)(a)(II)(C),
(7)(a)(II)(D), and (16) amended, (5)(a)(II)(E) and (11)(d) added, and (7)(b) R&RE, (HB
13-1209), ch. 103, pp. 327, 332, §§ 1, 2, effective January 1, 2014. L. 2014: (16)(d) amended,
(SB 14-153), ch. 390, p. 1961, § 7, effective June 6. L. 2016: (6), (8)(e), (10)(g), and (14)(a)
amended, (HB 16-1165), ch. 157, pp. 493, 494, 495, §§ 4, 5, 6, 7, effective January 1, 2017. L.
2017: (3)(f) and (3)(g) amended, (SB 17-294), ch. 264, p. 1391, § 29, effective May 25;
(10)(h)(II) amended, (SB 17-242), ch. 263, p. 1295, § 113, effective May 25; (16)(a) amended,
(SB 17-234), ch. 154, p. 520, § 1, effective August 9. L. 2018: (3)(a), IP(5)(a)(I), and
(5)(a)(I)(Y) amended and (5)(a)(I.5) added, (HB 18-1385), ch. 251, p. 1546, § 2, effective
August 8; (16)(c) amended, (SB 18-092), ch. 38, p. 400, § 14, effective August 8. L. 2019:
(5)(b)(I) and (5)(b)(III) amended and (5)(b)(I.5) and (5)(b.5) added, (HB 19-1215), ch. 270, p.
2521, § 1, effective July 1; (16)(a) amended, (HB 19-1215), ch. 270, p. 2552, § 2, effective July
1; (3)(c.5) and (8)(g) added and (6)(b), (7)(a)(II)(B), (7)(a)(II)(C), (7)(a)(II)(D), (7)(b), IP(11)(a),
Colorado Revised Statutes 2023 Uncertified PrintoutPage 114 of 247
(11)(a)(I), and (11)(c) amended, (HB 19-1215), ch. 270, p. 2521, § 1, effective July 1, 2020. L.
2021: (6)(b), (7)(a)(II)(C), (7)(a)(II)(D), and (7)(b) amended, (HB 21-1220), ch. 212, p. 1118, §
1, effective July 1. L. 2022: (16)(c) amended, (SB 22-013), ch. 2, p. 21, § 24, effective February
25. L. 2023: (3)(a)(II), (3)(a)(III), (5)(a)(I.5), (5)(a)(II)(C), (5)(b.5)(II)(N), (5)(b.5)(II)(O),
(10)(e), and (10)(h)(II) amended and (5)(a)(IV), (5)(b.5)(II)(P), (10)(a.5), and (10)(h)(III) added,
(SB 23-173), ch. 330, p. 1971, § 3, effective July 1; (16)(b), (16)(c)(I), (16)(c)(II)(B),
(16)(c)(II)(G), (16)(c)(III), and (16)(d) amended, (SB 23-173), ch. 330, p. 1981, § 21, effective
August 1; (2)(a) amended, (SB 23-173), ch. 330, p. 1970, § 1, effective September 1; (4)(a)
amended and (4)(c) and (14)(c) added, (SB 23-173), ch. 330, p. 1970, § 2, effective July 1, 2024.
Editor's note: (1) This section was amended in Senate Bill 07-015, resulting in the
relocation of provisions. For a detailed comparison of relocated provisions, see the table located
in the back of the index.
(2) Subsection (16.5)(d.5) was originally numbered as subsection (18)(a.5), and the
amendments to it in Senate Bill 07-076 were harmonized with Senate Bill 07-015 and
renumbered as subsection (16)(d.5).
Cross references: (1) For provisions concerning deductions for health insurance from
wages due an obligor ordered to provide health insurance, see § 14-14-112.
(2) For the legislative declaration contained in the 1993 act amending subsection
(3)(b)(III), see section 1 of chapter 165, Session Laws of Colorado 1993. For the legislative
declaration contained in the act amending subsection (18)(a), see section 1 of chapter 345,
Session Laws of Colorado 1994. For the legislative declaration contained in the 1997 act
amending subsections (1.5), (3.5), (7)(b), and (18)(a) and enacting subsections (1.6) and (1.7),
see section 1 of chapter 236, Session Laws of Colorado 1997. For the legislative declaration in
SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative
declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
(3) For the "Old-age, Survivors, and Disability Insurance Act", see 42 U.S.C. sec. 401 et
seq.
14-10-116. Appointment in domestic relations cases - representation of the best
interests of the child - legal representative of the child - disclosure - short title. (1) The
court may, upon the motion of either party or upon its own motion, appoint an attorney, in good
standing and licensed to practice law in the state of Colorado, to serve as the legal representative
of the child, representing the best interests of the child in any domestic relations proceeding that
involves allocation of parental responsibilities. In no instance may the same person serve as both
the child's legal representative pursuant to this section and as the child and family investigator
for the court pursuant to section 14-10-116.5. Within seven days after the appointment, the
appointed person shall comply with the disclosure provisions of subsection (2.5) of this section.
(2) (a) The legal representative of the child, appointed pursuant to subsection (1) of this
section, shall represent the best interests of the minor or dependent child, as described in section
Colorado Revised Statutes 2023 Uncertified PrintoutPage 115 of 247
14-10-124, with respect to the parenting time, the allocation of parental responsibilities, financial
support for the child, the child's property, or any other issue related to the child that is identified
by the legal representative of the child or the appointing court. The legal representative of the
child shall actively participate in all aspects of the case involving the child, within the bounds of
the law. The legal representative of the child shall comply with the provisions set forth in the
Colorado rules of professional conduct and any applicable provisions set forth in chief justice
directives or other practice standards established by rule or directive of the chief justice pursuant
to section 13-91-105 (1)(c) concerning the duties or responsibilities of best interest
representation in legal matters affecting children, including training requirements related to
domestic violence and its effect on children, adults, and families. The legal representative of the
child shall not be called as a witness in the case. While the legal representative of the child shall
ascertain and consider the wishes of the child, the legal representative of the child is not required
to adopt the child's wishes in the legal representative of the child's recommendation or advocacy
for the child unless such wishes serve the best interests of the child, as described in section
14-10-124.
(b) The short title of this subsection (2) is "Julie's Law".
(2.5) (a) Within seven days after his or her appointment, the appointed person shall
disclose to each party, attorneys of record, and the court any familial, financial, or social
relationship that the appointed person has or has had with the child, either party, the attorneys of
record, or the judicial officer and, if a relationship exists, the nature of the relationship.
(b) Based on the disclosure required pursuant to paragraph (a) of this subsection (2.5),
the court may, in its discretion, terminate the appointment and appoint a different person in the
proceedings. A party has seven days from the date of the disclosure to object to the appointment
based upon information contained in the disclosure. If a party objects to the appointment, the
court shall appoint a different person or confirm the appointment within seven days after the date
of the party's objection. If no party timely objects to the appointment, then the appointment is
deemed confirmed.
(3) (a) The court shall enter an order for costs, fees, and disbursements in favor of the
child's legal representative appointed pursuant to subsection (1) of this section. The order shall
be made against any or all of the parties; except that, if the responsible parties are determined to
be indigent, the costs, fees, and disbursements shall be borne by the state.
(b) In a proceeding for dissolution of marriage or legal separation, prior to the entry of a
decree of dissolution or legal separation, the court shall not enter an order requiring the state to
bear the costs, fees, or disbursements related to the appointment of a child's legal representative
unless both parties are determined to be indigent after considering the combined income and
assets of the parties.
(c) If the appointment of a child's legal representative occurs in a case involving
unmarried parties, including those proceedings that occur after the entry of a decree for
dissolution of marriage or of legal separation, the court shall make every reasonable effort to
apportion costs between the parties in a manner that will minimize the costs, fees, and
disbursements that shall be borne by the state.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 116 of 247
Source: L. 71: R&RE, p. 527, § 1. C.R.S. 1963: § 46-1-16. L. 73: p. 554, § 8. L. 93:
Entire section amended, p. 577, § 8, effective July 1. L. 97: Entire section R&RE, p. 32, § 1,
effective July 1. L. 98: (2)(a) amended, p. 1399, § 43, effective February 1, 1999. L. 2000: (1)
amended, p. 1773, § 3, effective July 1. L. 2005: Entire section amended, p. 958, § 2, effective
July 1. L. 2009: (3) amended, (SB 09-268), ch. 207, p. 941, § 1, effective May 1. L. 2012: (1)
amended and (2.5) added, (SB 12-056), ch. 108, p. 367, § 1, effective July 1. L. 2021: (2)
amended, (HB 21-1228), ch. 292, p. 1729, § 3, effective June 22.
Editor's note: The duties of a special advocate, as formerly set out in subsection (2),
were similar to the guidelines for the child and family investigator as set forth in section
14-10-116.5.
Cross references: (1) For the duty of the public defender to represent indigents, see §§
21-1-103 and 21-1-104.
(2) For the legislative declaration contained in the 1993 act amending this section, see
section 1 of chapter 165, Session Laws of Colorado 1993. For the legislative declarations
contained in the 2005 act amending this section, see sections 1 and 3 of chapter 244, Session
Laws of Colorado 2005. For the legislative declaration in HB 21-1228, see section 1 of chapter
292, Session Laws of Colorado 2021.
14-10-116.5. Appointment in domestic relations cases - child and family investigator
- disclosure - background check. (1) The court may, upon the motion of either party or upon
its own motion, appoint a neutral third person to serve the court as a child and family
investigator pursuant to subsection (2) of this section in a domestic relations proceeding that
involves allocation of parental responsibilities. The court shall set forth the specific duties of the
child and family investigator in a written order of appointment. The same person may not serve
as both the legal representative of the child pursuant to section 14-10-116 and as the child and
family investigator for the court pursuant to this section. Within seven days after the
appointment, the appointed person shall comply with the disclosure provisions of subsection
(2.5) of this section.
(2) (a) A child and family investigator appointed by the court from an eligibility roster
established pursuant to chief justice directive may be an attorney, a mental health professional,
or any other individual with appropriate training and qualifications, as set forth in subsection
(2)(f) of this section, and an independent perspective acceptable to the court. The child and
family investigator for the court shall investigate and report as specifically directed by the court
in the appointment order, taking into consideration the relevant factors for determining the best
interests of the child, as described in section 14-10-124. The purpose of the investigation is to
assist in determining the best interests of the child, with the child's safety always paramount.
(b) The child and family investigator shall make independent and informed
recommendations to the court, in the form of a written report with the court, unless otherwise
ordered by the court. While the child and family investigator shall consider the wishes of the
Colorado Revised Statutes 2023 Uncertified PrintoutPage 117 of 247
child, the child and family investigator need not adopt such wishes in making his or her
recommendations to the court, unless they serve the best interests of the child, as described in
section 14-10-124. The child's wishes, if expressed, must be disclosed in the child and family
investigator's written report. The court shall consider the entirety of the report, as well as any
testimony by the child and family investigator, the parties, and any other professionals, before
adopting any recommendations made by the child and family investigator.
(c) The child and family investigator may be called to testify as a court-appointed expert
witness regarding the child and family investigator's reports, but only if the court finds that the
child and family investigator has the appropriate training and qualifications set forth in
subsection (2)(f) of this section. Recommendations should be considered in full context of the
report.
(d) In addition to the training requirements and qualifications set forth in subsection
(2)(f) of this section, the child and family investigator shall comply with applicable provisions
set forth in chief justice directives, and any other practice or ethical standards established by
rule, statute, or any licensing board that regulates the child and family investigator. A child and
family investigator shall strive to engage in culturally informed and nondiscriminatory practices.
(e) A party wishing to file a complaint related to a person's duties as a child and family
investigator shall file such complaint in accordance with the applicable provisions in chief
justice directives.
(f) The court shall not appoint a person from the eligibility registry to be a child and
family investigator for a case pursuant to this section unless the court finds that the person is
qualified as competent by training and experience in, at a minimum, domestic violence and its
effects on children, adults, and families, child abuse, and child sexual abuse in accordance with
section 14-10-127.5. The person's training and experience must be provided by recognized
sources with expertise in domestic violence and the traumatic effects of domestic violence in
accordance with section 14-10-127.5. As of January 1, 2024, initial and ongoing training must
include, at a minimum:
(I) Ten initial hours of training on domestic violence, including coercive control, and its
traumatic effects on children, adults, and families;
(II) Ten initial hours of training on child abuse and child sexual abuse and its traumatic
effects; and
(III) Fifteen subsequent hours of training every five years on domestic violence,
including coercive control, child abuse, and child sexual abuse, and the traumatic effects on
children, adults, and families.
(2.5) (a) Within seven days after his or her appointment, the appointed person shall
disclose to each party, attorneys of record, and the court any familial, financial, or social
relationship that the appointed person has or has had with the child, either party, the attorneys of
record, or the judicial officer and, if a relationship exists, the nature of the relationship.
(b) Based on the disclosure required pursuant to paragraph (a) of this subsection (2.5),
the court may, in its discretion, terminate the appointment and appoint a different person in the
proceedings. A party has seven days from the date of the disclosure to object to the appointment
Colorado Revised Statutes 2023 Uncertified PrintoutPage 118 of 247
based upon information contained in the disclosure. If a party objects to the appointment, the
court shall appoint a different person or confirm the appointment within seven days after the date
of the party's objection. If no party timely objects to the appointment, then the appointment is
deemed confirmed.
(3) (a) The court shall enter an order for costs, fees, and disbursements in favor of the
child and family investigator appointed pursuant to subsection (1) of this section. The order must
be made against any or all of the parties; except that, if the responsible parties are determined to
be indigent, the costs, fees, and disbursements are borne by the state.
(b) In a proceeding for dissolution of marriage or legal separation, prior to the entry of a
decree of dissolution or legal separation, the court shall not enter an order requiring the state to
bear the costs, fees, or disbursements related to the appointment of a child and family
investigator unless both parties are determined to be indigent after considering the combined
income and assets of the parties.
(c) If the appointment of a child and family investigator occurs in a case involving
unmarried parties, including those proceedings that occur after the entry of a decree for
dissolution of marriage or of legal separation, the court shall make every reasonable effort to
apportion costs between the parties in a manner that will minimize the costs, fees, and
disbursements that shall be borne by the state.
(4) (a) Prior to being appointed as a child and family investigator, the person shall
submit a complete set of his or her fingerprints to the judicial department for the purposes of a
background check, and the judicial department shall determine based on the background check
whether the person is suitable to act as a child and family investigator. The department shall
forward such fingerprints to the Colorado bureau of investigation for the purpose of conducting a
state and national fingerprint-based criminal history record check utilizing the records of the
Colorado bureau of investigation and the federal bureau of investigation. The department is the
authorized agency to receive information regarding the result of a national fingerprint-based
criminal history record check.
(b) When the results of a fingerprint-based criminal history record check of a person
performed pursuant to this section reveal a record of arrest without a disposition, the department
shall require that applicant to submit to a name-based judicial record check, as defined in section
22-2-119.3 (6)(d). Upon request of the department pursuant to this section, the applicant shall
provide a name-based judicial record check.
(c) The applicant shall pay the cost associated with the background check.
Source: L. 2005: Entire section added, p. 960, § 4, effective July 1. L. 2009: (3)
amended, (SB 09-268), ch. 207, p. 942, § 2, effective May 1. L. 2012: (1) amended and (2.5)
added, (SB 12-056), ch. 108, p. 368, § 2, effective July 1. L. 2014: (4) added, (SB 14-027), ch.
146, p. 496, § 2, effective May 2. L. 2019: (4)(b) amended, (HB 19-1166), ch. 125, p. 544, § 18,
effective April 18. L. 2021: (2) and (3)(a) amended, (HB 21-1228), ch. 292, p. 1730, § 4,
effective June 22. L. 2022: (4)(b) amended, (HB 22-1270), ch. 114, p. 518, § 19, effective April
21. L. 2023: (2)(f) amended, (HB 23-1178), ch. 266, p. 1583, § 2, effective May 25.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 119 of 247
Cross references: For the legislative declarations contained in the 2005 act enacting this
section, see sections 1 and 3 of chapter 244, Session Laws of Colorado 2005. For the legislative
declaration in HB 21-1228, see section 1 of chapter 292, Session Laws of Colorado 2021.
14-10-117. Payment of maintenance or child support. (1) Upon its own motion or
upon motion of either party, the court may at any time order that maintenance or child support
payments be made to the clerk of the court or, if the executive director of the department of
human services has notified the state court administrator that the judicial district issuing the
order is ready to participate in the family support registry pursuant to section 26-13-114 (5),
C.R.S., and, for payments for maintenance obligations, the family support registry is ready to
accept maintenance payments, through the family support registry, as trustee, for remittance to
the person entitled to receive the payments. The court may not order payments to be made to the
clerk of the court once payments may be made through the family support registry. The
payments shall be due on a certain date or dates of each month. If the support payments are
required under this section, title 19, C.R.S., or section 26-13-114 (1), C.R.S., to be made through
the family support registry, the court shall order that payments be made through the registry in
accordance with the procedures specified in section 26-13-114, C.R.S.
(2) The clerk of the court shall maintain records listing the amount of payments, the date
when payments are required to be made, and the names and addresses of the parties affected by
the order for those payments he or she receives through the court registry.
(3) If payments are to be made through the family support registry, the parties affected
by the order shall inform the family support registry, and if payments are to be made through the
court registry, the parties affected by the order shall inform the clerk of the court of any change
of address or of other conditions that may affect the administration of the order.
(4) (Deleted by amendment, L. 98, p. 756, § 6, effective July 1, 1998.)
(5) and (6) Repealed.
(7) In cases in which a party is ordered to make payments through the court registry,
upon receipt of a verified notice of a support obligation assigned to the state, the clerk of the
court shall, without further action by the court, pay the support to the county child support
enforcement unit rather than to the obligee. When the state no longer has authorization to receive
any support payments, the county child support enforcement unit shall notify the clerk of the
court to stop sending the support payments to the county and to send the support payments
directly to the obligee.
Source: L. 71: R&RE, p. 527, § 1. C.R.S. 1963: § 46-1-17. L. 77: (4) amended, p. 824,
§ 1, effective May 24. L. 86: (1) amended, p. 724, § 2, effective July 1. L. 88: (7) added, p. 632,
§ 6, effective July 1. L. 90: (1) amended, p. 1414, § 13, effective June 8. L. 98: (1), (2), (3), (4),
and (7) amended, p. 756, § 6, effective July 1. L. 99: (1) amended, p. 1091, § 11, effective July
1. L. 2005: (5) and (6) repealed, p. 498, § 1, effective August 8.
14-10-118. Enforcement of orders.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 120 of 247
(1) Repealed.
(2) The court has the power to require security to be given to insure enforcement of its
orders, in addition to other methods of enforcing court orders prescribed by statute or by the
Colorado rules of civil procedure on or after July 6, 1973.
Source: L. 71: R&RE, p. 528, § 1. C.R.S. 1963: § 46-1-18. L. 73: p. 554, § 9. L. 81: (1)
amended, p. 909, § 3, effective June 8. L. 82: (1) amended, p. 280, § 3, effective April 7. L. 87:
(1) amended, p. 595, § 25, effective July 10. L. 92: (1) amended, p. 577, § 5, effective July 1. L.
93: (1) amended, p. 1871, § 5, effective June 6. L. 94: (1) amended, p. 1252, § 6, effective July
1. L. 96: (1) repealed, p. 598, § 8, effective July 1.
14-10-119. Attorney's fees. The court from time to time, after considering the financial
resources of both parties, may order a party to pay a reasonable amount for the cost to the other
party of maintaining or defending any proceeding under this article and for attorney's fees,
including sums for legal services rendered and costs incurred prior to the commencement of the
proceeding or after entry of judgment. The court may order that the amount be paid directly to
the attorney, who may enforce the order in his name.
Source: L. 71: R&RE, p. 528, § 1. C.R.S. 1963: § 46-1-19.
Cross references: For allowance of attorney fees generally, see C.R.C.P. 3(a), 30(g),
37(a), 37(c), 56(g), and 107(d); for awarding of attorney fees in civil actions generally, see §
13-17-102.
14-10-120. Decree. (1) A decree of dissolution of marriage or of legal separation is final
when entered, subject to the right of appeal. An appeal from the decree of dissolution that does
not challenge the finding that the marriage is irretrievably broken does not delay the finality of
that provision of the decree which dissolves the marriage beyond the time for appealing from
that provision, so that either of the parties may remarry pending appeal.
(2) No earlier than one hundred eighty-two days after entry of a decree of legal
separation, on motion of either party and proof that a notice has been mailed to the other party at
his or her last-known address, the court shall convert the decree of legal separation to a decree of
dissolution of marriage, and a copy thereof shall be mailed to both parties.
(3) The clerk of the court shall give notice of the entry of a decree of dissolution to the
office of state registrar of vital statistics in the division of administration of the department of
public health and environment, which office shall make this information available to the public
upon request.
(4) No decree that may enter shall relieve a spouse from any obligation imposed by law
as a result of the marriage for the support or maintenance of a spouse determined to be mentally
incompetent by a court of competent jurisdiction prior to the decree, unless such spouse has
sufficient property or means of support.
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(5) Whenever child support has been ordered, the decree of dissolution, legal separation,
declaration of invalidity, allocating parental responsibilities, or support shall contain an order for
an income assignment pursuant to section 14-14-111.5.
(6) Notwithstanding the entry of a final decree of dissolution of marriage or of legal
separation pursuant to this section, the district court may maintain jurisdiction to enter such
temporary or permanent civil protection orders as may be provided by law upon request of any
of the parties to the action for dissolution of marriage or legal separation, including, but not
limited to, any protection order requested pursuant to section 14-10-108.
Source: L. 71: R&RE, p. 528, § 1. C.R.S. 1963: § 46-1-20. L. 75: (3) R&RE, p. 585, §
1, effective May 31; (4) amended, p. 925, § 21, effective July 1. L. 77: (2) amended, p. 825, § 1,
effective May 26. L. 85: (5) added, p. 592, § 11, effective July 1. L. 94: (5) amended, p. 1539, §
6, effective May 31; (3) amended, p. 2731, § 348, effective July 1. L. 96: (5) amended, p. 622, §
31, effective July 1. L. 98: (5) amended, p. 1399, § 44, effective February 1, 1999. L. 99: (6)
added, p. 500, § 2, effective July 1. L. 2003: (6) amended, p. 1012, § 16, effective July 1. L.
2012: (2) amended, (SB 12-175), ch. 208, p. 831, § 27, effective July 1.
Cross references: For the legislative declaration contained in the 1994 act amending
subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994.
14-10-120.2. Ex-parte request for restoration of prior name of party. (1) Pursuant to
the provisions of this section, at any time after the entry of a decree of dissolution or legal
separation, a party to the action may request restoration of a prior full name.
(2) The requesting party must file a verified motion and affidavit under the same case
number in the district court in which the decree of dissolution or legal separation was entered.
The requesting party's motion and affidavit must include:
(a) The caption and case number for the action in which the decree of dissolution or
legal separation was entered; and
(b) The requesting party's sworn statement that the restoration of a prior full name is not
detrimental to any person.
(3) The court shall enter an order restoring the requesting party's name if the court
determines that:
(a) The court entered a decree of dissolution or legal separation in an action concerning
the requesting party; and
(b) The request to restore a prior full name is not detrimental to any person.
(4) The order restoring a prior full name of the party does not affect any party's rights or
obligations pursuant to the decree of dissolution or legal separation entered in the action.
Source: L. 2016: Entire section added, (HB 16-1085), ch. 55, p. 133, § 1, effective
September 1.
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14-10-120.3. Dissolution of marriage or legal separation upon affidavit -
requirements. (1) Final orders in a proceeding for dissolution of marriage or legal separation
may be entered upon the affidavit of either or both parties when:
(a) There are no minor children of the husband and wife and the wife is not pregnant or
the husband and wife are both represented by counsel and have entered into a separation
agreement that provides for the allocation of parental responsibilities concerning the children of
the marriage and setting out the amount of child support to be provided by the husband or wife
or both; and
(b) The adverse party is served in the manner provided by the Colorado rules of civil
procedure; and
(c) There is no genuine issue as to any material fact; and
(d) There is no marital property to be divided or the parties have entered into an
agreement for the division of their marital property.
(2) If one party desires to submit the matter for entry of final orders upon an affidavit,
the submitting party shall file his or her affidavit setting forth sworn testimony showing the
court's jurisdiction and factual averments supporting the relief requested in the proceeding
together with a copy of the proposed decree, a copy of any separation agreement proposed for
adoption by the court, and any other supporting evidence. The filing of the affidavit does not
shorten any statutory waiting period required for entry of a decree of dissolution or decree of
legal separation.
(3) The court shall not be bound to enter a decree upon the affidavits of either or both
parties, but the court may, upon its own motion, require that a formal hearing be held to
determine any or all issues presented by the pleadings.
Source: L. 82: Entire section added, p. 303, § 1, effective May 22. L. 98: (1)(a)
amended, p. 1399, § 45, effective February 1, 1999. L. 2012: IP(1) and (2) amended, (HB
12-1233), ch. 52, p. 187, § 2, effective July 1.
14-10-120.5. Petition - fee - assessment - displaced homemakers fund. (1) There shall
be assessed against a nonindigent petitioner a fee of five dollars for each filing of a petition for
dissolution of marriage, declaration of invalidity of marriage, legal separation, or declaratory
judgment concerning the status of marriage. All such fees collected shall be transmitted to the
state treasurer for deposit in the displaced homemakers fund created pursuant to section
8-15.5-108, C.R.S.
(1.5) There shall be assessed against a nonindigent petitioner a fee of five dollars for
each filing of a petition for dissolution of a civil union, declaration of invalidity of a civil union,
legal separation, or declaratory judgment concerning the status of a civil union. All such fees
collected shall be transmitted to the state treasurer for deposit in the displaced homemakers fund
created pursuant to section 8-15.5-108, C.R.S.
(2) Notwithstanding the amount specified for the fee in subsection (1) or (1.5) of this
section, the chief justice of the supreme court by rule or as otherwise provided by law may
Colorado Revised Statutes 2023 Uncertified PrintoutPage 123 of 247
reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the
uncommitted reserves of the fund to which all or any portion of the fee is credited. After the
uncommitted reserves of the fund are sufficiently reduced, the chief justice by rule or as
otherwise provided by law may increase the amount of the fee as provided in section 24-75-402
(4), C.R.S.
Source: L. 80: Entire section added, p. 455, § 2, effective July 1. L. 98: Entire section
amended, p. 1330, § 40, effective June 1. L. 2009: (1) amended, (SB 09-038), ch. 119, p. 498, §
2, effective July 1. L. 2013: Entire section amended, (SB 13-011), ch. 49, p. 163, § 15, effective
May 1.
Cross references: For the docket fees for dissolution of marriage actions, see §
13-32-101.
14-10-121. Independence of provisions of decree or temporary order. If a party fails
to comply with a provision of a decree or temporary order or injunction, the obligation of the
other party to make payments for support or maintenance or to permit parenting time is not
suspended; but said party may move the court to grant an appropriate order.
Source: L. 71: R&RE, p. 529, § 1. C.R.S. 1963: § 46-1-21. L. 93: Entire section
amended, p. 577, § 9, effective July 1.
Cross references: For the legislative declaration contained in the 1993 act amending this
section, see section 1 of chapter 165, Session Laws of Colorado 1993.
14-10-122. Modification and termination of provisions for maintenance, support,
and property disposition - automatic lien - definitions. (1) (a) Except as otherwise provided
in sections 14-10-112 (6) and 14-10-115 (11)(c), the provisions of any decree respecting
maintenance may be modified only as to installments accruing subsequent to the motion for
modification and only upon a showing of changed circumstances so substantial and continuing
as to make the terms unfair, and, except as otherwise provided in subsection (5) of this section,
the provisions of any decree respecting child support may be modified only as to installments
accruing subsequent to the filing of the motion for modification and only upon a showing of
changed circumstances that are substantial and continuing or on the ground that the order does
not contain a provision regarding medical support, such as insurance coverage, payment for
medical insurance deductibles and copayments, or unreimbursed medical expenses. The trial
court retains continuing jurisdiction to modify a decree respecting maintenance or child support
pursuant to this section during the pendency of an appeal. The court shall not revoke or modify
the provisions as to property disposition unless the court finds the existence of conditions that
justify the reopening of a judgment.
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(b) Application of the child support guidelines and schedule of basic child support
obligations set forth in section 14-10-115 to the circumstances of the parties at the time of the
filing of a motion for modification of the child support order which results in less than a ten
percent change in the amount of support due per month shall be deemed not to be a substantial
and continuing change of circumstances.
(c) In any action or proceeding in any court of this state in which child support,
maintenance when combined with child support, or maintenance is ordered, a payment becomes
a final money judgment, referred to in this section as a support judgment, when it is due and not
paid. Such payment is not retroactively modified except pursuant to subsection (1)(a) of this
section and may be enforced as other judgments without further action by the court; except that
an existing child support order with respect to child support payable by the obligor may be
modified retroactively to the time that a mutually agreed upon change of physical custody occurs
pursuant to subsection (5) of this section. A support judgment is entitled to full faith and credit
and may be enforced in any court of this state or any other state. In order to enforce a support
judgment, the obligee shall file with the court that issued the order a verified entry of support
judgment specifying the period of time that the support judgment covers and the total amount of
the support judgment for that period. The obligee or the delegate child support enforcement unit
is not required to wait fourteen days to execute on such support judgment. However, a copy of
the verified entry of support judgment must be provided to all parties pursuant to rule 5 of the
Colorado rules of civil procedure, upon filing with the court. A verified entry of support
judgment is not required to be signed by an attorney. A verified entry of support judgment may
be used to enforce a support judgment for debt entered pursuant to section 14-14-104. The filing
of a verified entry of support judgment revives all individual support judgments that have arisen
during the period of time specified in the entry of support judgment and that have not been
satisfied, pursuant to rule 54 (h) of the Colorado rules of civil procedure, without the
requirement of a separate motion, notice, or hearing. Notwithstanding the provisions of this
subsection (1)(c), no court order for support judgment nor verified entry of support judgment is
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 to the department of revenue for
purposes of intercepting a federal or state tax refund or lottery winnings.
(d) If maintenance or child support is modified pursuant to this section, the modification
should be effective as of the date of the filing of the motion, unless the court finds that it would
cause undue hardship or substantial injustice or unless there has been a mutually agreed upon
change of physical custody as provided for in subsection (5) of this section. In no instance shall
the order be retroactively modified prior to the date of filing, unless there has been a mutually
agreed upon change of physical custody. The court may modify installments of maintenance or
child support due between the filing of the motion and the entry of the order even if the
circumstances justifying the modification no longer exist at the time the order is entered.
(1.5) (a) Lien by operation of law. (I) Commencing July 1, 1997, all cases in which
services are provided in accordance with Title IV-D of the federal "Social Security Act", as
amended, referred to in this subsection (1.5) as "IV-D cases", shall be subject to the provisions
Colorado Revised Statutes 2023 Uncertified PrintoutPage 125 of 247
of this subsection (1.5), regardless of the date the order for child support was entered. In any
IV-D case in which current child support, child support when combined with maintenance, or
maintenance has been ordered, a payment becomes a support judgment when it is due and not
paid, and a lien therefor is created by operation of law against the obligor's real and personal
property and any interest in any such real or personal property. The entry of an order for child
support debt, retroactive child support, or child support arrearages or a verified entry of
judgment pursuant to this section creates a lien by operation of law against the obligor's real and
personal property and any interest in any such real and personal property.
(II) The amount of such lien shall be limited to the amount of the support judgment for
outstanding child support, child support when combined with maintenance, maintenance, child
support debt, retroactive child support, or child support arrearages, any interest accrued thereon,
and the amount of any filing fees as specified in this section.
(III) A support judgment or lien shall be entitled to full faith and credit and may be
enforced in any court of this state or any other state. Full faith and credit shall be accorded to
such a lien arising from another state that complies with the provisions of this subsection (1.5).
Judicial notice or hearing or the filing of a verified entry of judgment shall not be required prior
to the enforcement of such a lien.
(IV) The creation of a lien pursuant to this section shall be in addition to any other
remedy allowed by law.
(b) Lien on real property. (I) To evidence a lien on real property created pursuant to
this subsection (1.5), a delegate child support enforcement unit shall issue a notice of lien and
record the same in the real estate records in the office of the clerk and recorder of any county in
the state of Colorado in which the obligor holds an interest in real property. From the time of
recording of the notice of lien, such lien shall be an encumbrance in favor of the obligee, or the
assignee of the obligee, and shall encumber any interest of the obligor in any real property in
such county.
(II) The lien on real property created by this section shall remain in effect for the earlier
of twelve years or until all past-due amounts are paid, including any accrued interest and costs,
without the necessity of renewal. A lien on real property arising pursuant to this subsection (1.5)
may be extended or renewed indefinitely beyond twelve years by rerecording the lien every
twelve years. Within twenty calendar days after satisfaction of the debt or debts described in the
notice of lien, the delegate child support enforcement unit shall record a release of lien with the
clerk and recorder of the county where the notice of lien was recorded. A release of lien shall be
conclusive evidence that the lien is extinguished.
(III) The child support enforcement unit shall be exempt from the payment of recording
fees charged by the clerk and recorder for the recording of notices of lien or releases of lien.
(c) Lien on personal property other than wages, insurance claim payments, awards,
and settlements, and money held by a financial institution as defined in 42 U.S.C. sec. 669a
(d)(1) or motor vehicles. (I) To evidence a lien on personal property, other than wages;
insurance claim payments, awards, and settlements as authorized in section 26-13-122.7;
accounts as authorized in section 26-13-122.3; and money held by a financial institution as
Colorado Revised Statutes 2023 Uncertified PrintoutPage 126 of 247
defined in 42 U.S.C. sec. 669a (d)(1) or motor vehicles, created pursuant to this subsection (1.5),
the state child support enforcement agency shall file a notice of lien with the secretary of state by
means of direct electronic data transmission. From the time of filing the notice of lien with the
secretary of state, the lien is an encumbrance in favor of the obligee, or the assignee of the
obligee, and encumbers all personal property or any interest of the obligor in any personal
property.
(II) The lien on personal property created by this section shall remain in effect for the
earlier of twelve years or until all past-due amounts are paid, including any accrued interest and
costs, without the necessity of renewal. A lien on personal property arising pursuant to this
subsection (1.5) may be extended or renewed indefinitely beyond twelve years by rerecording
the lien every twelve years. Within twenty calendar days after satisfaction of the debt or debts
described in the notice of lien, the state child support enforcement agency shall file a release of
lien with the secretary of state. The filing of such a release of lien shall be conclusive evidence
that the lien is extinguished.
(III) The state child support enforcement agency shall be exempt from paying a fee for
the filing of notices of liens or releases of liens with the secretary of state pursuant to this
paragraph (c).
(IV) For purposes of this paragraph (c), "personal property" means property that the
child support enforcement agency has determined has a net equity value of not less than five
thousand dollars at the time of the filing of the notice of lien with the secretary of state.
(d) Lien on motor vehicles. (I) (A) To evidence a lien on a motor vehicle created
pursuant to this subsection (1.5), a delegate child support enforcement unit shall issue a notice of
lien to the authorized agent as defined in section 42-6-102 (1.5) by first class mail. From the time
of filing of the lien for public record and the notation of such lien on the owner's certificate of
title, such lien shall be an encumbrance in favor of the obligee, or the assignee of the obligee,
and must encumber any interest of the obligor in the motor vehicle. In order for any such lien to
be effective as a valid lien against a motor vehicle, the obligee, or assignee of the obligee, shall
have such lien filed for public record and noted on the owner's certificate of title in the manner
provided in sections 42-6-121 and 42-6-129.
(B) Liens on motor vehicles created by this section shall remain in effect for the same
period of time as any other lien on motor vehicles as specified in section 42-6-127, C.R.S., or
until the entire amount of the lien is paid, whichever occurs first. A lien created pursuant to this
section may be renewed pursuant to section 42-6-127, C.R.S. Within twenty calendar days after
satisfaction of the debt or debts described in the notice of lien, the delegate child support
enforcement unit shall release the lien pursuant to the procedures specified in section 42-6-125,
C.R.S. When a lien on a motor vehicle created pursuant to this subsection (1.5) is released, the
authorized agent and the executive director of the department of revenue shall proceed as
provided in section 42-6-126, C.R.S.
(C) The child support enforcement unit shall not be exempt from the payment of filing
fees charged by the authorized agent for the filing of either the notice of lien or the release of
Colorado Revised Statutes 2023 Uncertified PrintoutPage 127 of 247
lien. However, the child support enforcement unit may add the amount of the filing fee to the
lien amount and collect the amount of such fees from the obligor.
(II) For purposes of this subsection (1.5), "motor vehicle" means any self-propelled
vehicle that is designed primarily for travel on the public highways and that is generally and
commonly used to transport persons and property over the public highways, trailers, semitrailers,
and trailer coaches, without motive power; that has a net equity value based upon the loan value
identified for such vehicle in the national automobile dealers' association car guide of not less
than five thousand dollars at the time of the filing of the notice of lien and that meets such
additional conditions as the state board of human services may establish by rule; and on which
vehicle a lien already exists that is filed for public record and noted accordingly on the owner's
certificate of title. "Motor vehicle" does not include low-power scooters, as defined in section
42-1-102, C.R.S.; vehicles that operate only upon rails or tracks laid in place on the ground or
that travel through the air or that derive their motive power from overhead electric lines; farm
tractors, farm trailers, and other machines and tools used in the production, harvesting, and care
of farm products; and special mobile machinery or industrial machinery not designed primarily
for highway transportation. "Motor vehicle" does not include a vehicle that has a net equity value
based upon the loan value identified for such vehicle in the national automobile dealers'
association car guide of less than five thousand dollars at the time of the filing of the notice of
lien and does not include a vehicle that is not otherwise encumbered by a lien or mortgage that is
filed for public record and noted accordingly on the owner's certificate of title.
(e) Priority of a lien. (I) A lien on real property created pursuant to this section shall be
in effect for the earlier of twelve years or until all past-due amounts are paid and shall have
priority over all unrecorded liens and all subsequent recorded or unrecorded liens from the time
of recording, except such liens as may be exempted by regulation of the state board of human
services. A lien on real property arising pursuant to this subsection (1.5) may be extended or
renewed indefinitely beyond twelve years by rerecording the lien every twelve years.
(II) A lien on personal property, other than motor vehicles, created pursuant to this
section shall be in effect for the earlier of twelve years or until all past-due amounts are paid and
shall have priority from the time the lien is filed with the central filing officer over all unfiled
liens and all subsequent filed or unfiled liens, except such liens as may be exempted by
regulation of the state board of human services. A lien on personal property arising pursuant to
this subsection (1.5) may be extended or renewed indefinitely beyond twelve years by
rerecording the lien every twelve years.
(III) Liens on motor vehicles created pursuant to this section shall remain in effect for
the same period of time as any other lien on motor vehicles as specified in section 42-6-127,
C.R.S., or until all past-due amounts are paid, whichever occurs first, and shall have priority
from the time the lien is filed for public record and noted on the owner's certificate of title over
all unfiled liens and all subsequent filed or unfiled liens, except such liens as may be exempted
by regulation of the state board of human services.
(f) Notice of lien - contents. (I) The notice of lien shall contain the following
information:
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(A) The name and address of the delegate child support enforcement unit and the name
of the obligee or the assignee of the obligee as grantee of the lien;
(B) The name, social security number, and last-known address of the obligor as grantor
of the lien;
(C) The year, make, and vehicle identification number of any motor vehicle for liens
arising pursuant to paragraph (d) of this subsection (1.5);
(D) A general description of the personal property for liens arising pursuant to paragraph
(c) of this subsection (1.5);
(E) The county and court case number of the court of record that issued the order of
current child support, child support debt, retroactive child support, child support arrearages,
child support when combined with maintenance, or maintenance or of the court of record where
the verified entry of judgment was filed;
(F) The date the order was entered;
(G) The date the obligation commenced;
(H) The amount of the order for current child support, child support debt, retroactive
child support, child support arrearages, child support when combined with maintenance, or
maintenance;
(I) The total amount of past-due support as of a date certain; and
(J) A statement that interest may accrue on all amounts ordered to be paid, pursuant to
sections 14-14-106 and 5-12-101, C.R.S., and may be collected from the obligor in addition to
costs of sale, attorney fees, and any other costs or fees incident to such sale for liens arising
pursuant to paragraphs (b) and (c) of this subsection (1.5).
(II) For purposes of liens against motor vehicles, the notice of lien shall include the
information set forth in subparagraph (I) of this paragraph (f) in addition to the information
specified in section 42-6-120, C.R.S.
(g) Rules. The state board of human services shall promulgate rules and regulations
concerning the procedures and mechanism by which to implement this subsection (1.5).
(h) Bona fide purchasers - bona fide lenders. (I) The provisions of this subsection
(1.5) shall not apply to any bona fide purchaser who acquires an interest in any personal property
or any motor vehicle without notice of the lien or to any bona fide lender who lent money to the
obligor without notice of the lien the security or partial security for which is any personal
property or motor vehicle of such obligor.
(II) For purposes of this paragraph (h):
(A) "Bona fide purchaser" means a purchaser for value in good faith and without notice
of an adverse claim, including but not limited to an automatic lien arising pursuant to this
subsection (1.5).
(B) "Bona fide lender" means a lender for value in good faith and without notice of an
adverse claim, including but not limited to an automatic lien arising pursuant to this subsection
(1.5).
(i) No liability. No clerk and recorder, authorized agent as defined in section 42-6-102
(1.5), financial institution, lienholder, or filing officer, nor any employee of any of such persons
Colorado Revised Statutes 2023 Uncertified PrintoutPage 129 of 247
or entities, shall be liable for damages for actions taken in good faith compliance with this
subsection (1.5).
(j) Definition. For purposes of this subsection (1.5), "child support debt" shall have the
same meaning as set forth in section 26-13.5-102 (3), C.R.S.
(2) (a) Unless otherwise agreed in writing or expressly provided in the decree, the
obligation to pay future maintenance is terminated upon the earlier of:
(I) The death of either party;
(II) The end of the maintenance term, unless a motion for modification is filed prior to
the expiration of the term;
(III) The remarriage of or the establishment of a civil union by the party receiving
maintenance; or
(IV) A court order terminating maintenance.
(b) A payor spouse whose income is reduced or terminated due to his or her retirement
after reaching full retirement age is entitled to a rebuttable presumption that the retirement is in
good faith.
(c) For purposes of this subsection (2), "full retirement age" means the payor's usual or
ordinary retirement age when he or she would be eligible for full United States social security
benefits, regardless of whether he or she is ineligible for social security benefits for some reason
other than attaining full retirement age. "Full retirement age" shall not mean "early retirement
age" if early retirement is available to the payor spouse, nor shall it mean "maximum benefit
retirement age" if additional benefits are available as a result of delayed retirement.
(3) Unless otherwise agreed in writing or expressly provided in the decree, provisions
for the support of a child are terminated by emancipation of the child but not by the death of a
parent obligated to support the child. When a parent obligated to pay support dies, the amount of
support may be modified, revoked, or commuted to a lump-sum payment, to the extent just and
appropriate in the circumstances.
(4) Notwithstanding the provisions of subsection (1) of this section, the provisions of
any decree respecting child support may be modified as a result of the change in age for the duty
of support as provided in section 14-10-115 (15), but only as to installments accruing subsequent
to the filing of the motion for modification; except that section 14-10-115 (15)(b) does not apply
to modifications of child support orders with respect to a child who has already achieved the age
of nineteen as of July 1, 1991.
(5) Notwithstanding the provisions of subsection (1) of this section, when a
court-ordered, voluntary, or mutually agreed upon change of physical care occurs, the provisions
for child support of the obligor under the existing child support order, if modified pursuant to
this section, will be modified or terminated as of the date when physical care was changed. The
provisions for the establishment of a child support order based on a court-ordered, voluntary, or
mutually agreed upon change of physical care may also be entered retroactively to the date when
the physical care was changed. When a court-ordered, voluntary, or mutually agreed upon
change of physical care occurs, parties are encouraged to avail themselves of the provision set
forth in section 14-10-115 (14)(a) for updating and modifying a child support order without a
Colorado Revised Statutes 2023 Uncertified PrintoutPage 130 of 247
court hearing. The court shall not modify child support pursuant to this subsection (5) for any
time more than five years prior to the filing of the motion to modify child support, unless the
court finds that its application would be substantially inequitable, unjust, or inappropriate. The
five-year prohibition on retroactive modification does not preclude a request for relief pursuant
to any statute or court rule.
(6) (a) Notwithstanding any other provisions of this article, within the time frames set
forth in paragraph (c) of this subsection (6), the individual named as the father in the order may
file a motion to modify or terminate an order for child support entered pursuant to this article if
genetic test results based on DNA testing, administered in accordance with section 13-25-126,
C.R.S., establish the exclusion of the individual named as the father in the order as the biological
parent of the child for whose benefit the child support order was entered.
(b) If the court finds pursuant to paragraph (a) of this subsection (6) that the individual
named as the father in the order is not the biological parent of the child for whose benefit the
child support order was entered and that it is just and proper under the circumstances and in the
best interests of the child, the court shall modify the provisions of the order for support with
respect to that child by terminating the child support obligation as to installments accruing
subsequent to the filing of the motion for modification or termination, and the court may vacate
or deem as satisfied, in whole or in part, unpaid child support obligations arising from or based
upon the order determining parentage. The court shall not order restitution from the state for any
sums paid to or collected by the state for the benefit of the child.
(c) (I) A motion to modify or terminate an order for child support pursuant to this
subsection (6) must be filed within two years from the date of the entry of the initial order
establishing the child support obligation.
(II) Repealed.
(d) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (6), a
court order for child support shall not be modified or terminated pursuant to this subsection (6)
if:
(I) The child support obligor acknowledged paternity pursuant to section 19-4-105 (1)(c)
or (1)(e), C.R.S., knowing that he was not the father of the child;
(II) The child was adopted by the child support obligor; or
(III) The child was conceived by means of assisted reproduction.
(e) A motion filed pursuant to this section may be brought by the individual named as
the father in the order and shall be served in the manner set forth in the Colorado rules of civil
procedure upon all other parties. The court shall not modify or set aside a final order determining
parentage pursuant to this section without a hearing.
(f) For purposes of this subsection (6), "DNA" means deoxyribonucleic acid.
Source: L. 71: R&RE, p. 529, § 1. C.R.S. 1963: § 46-1-22. L. 86: (1) amended, p. 724,
§ 3, effective November 1. L. 87: (1)(c) added, p. 587, § 4, effective July 10. L. 88: (1)(c)
amended, p. 633, § 7, effective July 1. L. 89: (1)(a) and (1)(c) amended, p. 792, § 16, effective
July 1. L. 90: (1)(c) amended, p. 891, § 11, effective July 1. L. 91: (4) and (5) added, pp. 238,
Colorado Revised Statutes 2023 Uncertified PrintoutPage 131 of 247
253, §§ 2, 8, effective July 1. L. 92: (1)(d) added, p. 203, § 10, effective August 1. L. 93: (1)(a)
amended, p. 1557, § 2, effective July 1. L. 97: (1)(c) amended, p. 561, § 6, effective July 1; (1.5)
added, p. 1266, § 9, effective July 1. L. 98: (1)(a), (1)(c), (1)(d), and (5) amended, p. 764, § 14,
effective July 1; (5) amended, p. 1400, § 46, effective February 1, 1999. L. 99: (1.5)(c),
(1.5)(e)(II), and (1.5)(i) amended, p. 751, § 21, effective January 1, 2000. L. 2000: (1.5)(b)(II)
amended, p. 1704, § 1, effective July 1. L. 2001: (1.5)(c) amended, p. 1445, § 38, effective July
1. L. 2004: (1.5)(b)(II), (1.5)(c)(II), (1.5)(e)(I), and (1.5)(e)(II) amended, p. 386, § 2, effective
July 1. L. 2007: (1)(b), (4), and (5) amended, p. 107, § 3, effective March 16. L. 2008: (6)
added, p. 1656, § 3, effective August 15. L. 2009: (1.5)(d)(II) amended, (HB 09-1026), ch. 281,
p. 1258, § 19, effective October 1. L. 2010: (1.5)(d)(II) amended, (HB 10-1172), ch. 320, p.
1493, § 18, effective October 1. L. 2012: (1)(c) amended, (SB 12-175), ch. 208, p. 831, § 28,
effective July 1. L. 2013: (1.5)(c)(I) amended, (HB 13-1300), ch. 316, p. 1675, § 35, effective
August 7; (1)(a) and (5) amended, (HB 13-1209), ch. 103, p. 354, § 3, effective January 1, 2014;
(2) amended, (HB 13-1058), ch. 176, p. 652, § 2, effective January 1, 2014. L. 2014: (2)(a)(III)
amended, (HB 14-1379), ch. 307, p. 1300, § 2, effective May 31. L. 2016: (1.5)(c)(I) and (5)
amended, (HB 16-1165), ch. 157, pp. 490, 496, §§ 2, 8, effective January 1, 2017. L. 2017:
(1.5)(d)(I)(A) and (1.5)(i) amended, (SB 17-294), ch. 264, p. 1391, § 30, effective May 25. L.
2019: (1)(c) and (1.5)(c)(I) amended, (HB 19-1215), ch. 270, p. 2552, § 3, effective July 1. L.
2021: (1)(a) amended, (HB 21-1031), ch. 116, p. 450, § 2, effective May 7.
Editor's note: (1) Amendments to subsection (5) by Senate Bill 98-139 and House Bill
98-1183 were harmonized, effective February 1, 1999.
(2) The term "custody" has been changed in other places in the Colorado Revised
Statutes to correspond with the use of the term "parental responsibility" as described in §
14-10-124.
(3) Subsection (6)(c)(II)(B) provided for the repeal of subsection (6)(c)(II), effective
July 1, 2011. (See L. 2008, p. 1656.)
(4) Section 8 of chapter 116 (HB 21-1031), Session Laws of Colorado 2021, provides
that the act changing this section applies to any request to modify an order appealed on, after, or
before May 7, 2021.
Cross references: For the legislative declaration contained in the 1997 act enacting
subsection (1.5), see section 1 of chapter 236, Session Laws of Colorado 1997. For the
legislative declaration in HB 21-1031, see section 1 of chapter 116, Session Laws of Colorado
2021.
14-10-123. Commencement of proceedings concerning allocation of parental
responsibilities - jurisdiction - automatic temporary injunction - enforcement - definitions.
(1) A proceeding concerning the allocation of parental responsibilities is commenced in the
district court or as otherwise provided by law:
(a) By a parent:
Colorado Revised Statutes 2023 Uncertified PrintoutPage 132 of 247
(I) By filing a petition for dissolution or legal separation; or
(II) By filing a petition seeking the allocation of parental responsibilities with respect to
a child in the county where the child is permanently resident or where the child is found; or
(III) By filing a motion seeking the allocation of parental responsibilities with respect to
a child in an existing juvenile court case filed pursuant to article 4 or 6 of title 19 or article 13.5
of title 26; or
(b) By a person other than a parent, by filing a petition seeking the allocation of parental
responsibilities for the child in the county where the child is permanently resident or where the
child is found, but only if the child is not in the physical care of one of the child's parents;
(c) By a person other than a parent who has had the physical care of a child for a period
of one hundred eighty-two days or more, if such action is commenced within one hundred
eighty-two days after the termination of such physical care; or
(d) By a parent or person other than a parent who has been granted custody of a child or
who has been allocated parental responsibilities through a juvenile court order entered pursuant
to section 19-1-104 (6), C.R.S., by filing a certified copy of the juvenile court order in the county
where the child is permanently resident. Such order shall be treated in the district court as any
other decree issued in a proceeding concerning the allocation of parental responsibilities.
(1.3) As used in this section, excluding subsection (1.5) of this section:
(a) "Child" has the same meaning as set forth in section 19-1-103.
(b) "Parent" has the same meaning as set forth in section 19-1-103.
(1.5) (a) For purposes of this subsection (1.5) only, "child" means an unmarried
individual who has not attained twenty-one years of age.
(b) The court may enter an order for allocation of parental responsibilities for a child, as
defined in subsection (1.5)(a) of this section, and a determination of whether the child shall be
reunified with a parent or parents, when the requirements of subsection (1) of this section are
met, the order is in the child's best interests, and:
(I) The child has not attained twenty-one years of age;
(II) The child is residing with and dependent upon a caregiver; and
(III) A request is made for findings from the court to establish the child's eligibility for
classification as a special immigrant juvenile pursuant to 8 U.S.C. sec. 1101 (a)(27)(J).
(c) If a request is made for findings from the court to establish the child's eligibility for
classification as a special immigrant juvenile under federal law and the court determines that
there is sufficient evidence to support the findings, the court shall enter an order, including
factual findings and conclusions of law, determining that:
(I) The child has been placed under the custody of an individual appointed by the court
pursuant to an order for allocation of parental responsibilities;
(II) Reunification of the child with one or both parents is not viable due to abuse,
neglect, abandonment, or a similar basis found under state law; and
(III) It is not in the best interests of the child to be returned to the child's or parents'
previous country of nationality or country of last habitual residence.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 133 of 247
(1.8) The court shall make all necessary persons parties to the proceeding pursuant to the
requirements of section 19-4-110 and shall make a determination pursuant to section 19-4-105 as
to legal parentage.
(2) Except for a proceeding concerning the allocation of parental responsibilities
commenced pursuant to paragraph (d) of subsection (1) of this section, notice of a proceeding
concerning the allocation of parental responsibilities shall be given to the child's parent,
guardian, and custodian or person allocated parental responsibilities, who may appear and be
heard and may file a responsive pleading. The court may, upon a showing of good cause, permit
the intervention of other interested parties.
(2.5) Upon the filing of a petition pursuant to subsection (1) of this section, each party
shall provide to the court, in the manner prescribed by the court, his or her social security
number and the social security number of each child named in the petition.
(3) (a) Upon the filing of a petition concerning the allocation of parental responsibilities
pursuant to this section and upon personal service of the petition and summons on a respondent
or upon waiver and acceptance of service by a respondent, a temporary injunction shall be in
effect against both parties:
(I) Enjoining each party from molesting or disturbing the peace of the other party;
(II) Restraining each party from removing a minor child who is the subject of the
proceeding from the state without the consent of all other parties or an order of the court
modifying the injunction; and
(III) Restraining each party, without at least fourteen days' advance notification and the
written consent of all other parties or an order of the court modifying the injunction, from
canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums a policy of
health insurance or life insurance that provides coverage to a minor child who is the subject of
the proceeding or that names the minor child as a beneficiary of a policy.
(b) The provisions of the temporary injunction shall be printed upon the summons and
the petition. The temporary injunction shall be in effect upon personal service of the petition and
summons on a respondent or upon waiver and acceptance of service by a respondent and shall
remain in effect against each party until the court enters the final decree, dismisses the petition,
or enters a further order modifying the injunction. A party may apply to the court for further
temporary orders pursuant to section 14-10-125, an expanded temporary injunction, or
modification or revocation of the temporary injunction.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (3), the
temporary injunction described in this subsection (3) shall not apply to a proceeding concerning
the allocation of parental responsibilities commenced pursuant to paragraph (d) of subsection (1)
of this section or to a proceeding concerning the allocation of parental responsibilities
commenced by a parent that is governed by the automatic temporary injunction pursuant to
section 14-10-107 (4)(b).
(d) For purposes of enforcing the automatic temporary injunction that becomes effective
in accordance with this subsection (3), if the respondent shows a duly authorized peace officer,
as described in section 16-2.5-101, C.R.S., a copy of the petition and summons filed and issued
Colorado Revised Statutes 2023 Uncertified PrintoutPage 134 of 247
pursuant to this section, or if the petitioner shows the peace officer a copy of the petition and
summons filed and issued pursuant to this section together with a certified copy of the affidavit
of service of process or a certified copy of the waiver and acceptance of service, and the peace
officer has cause to believe that a violation of the part of the automatic temporary injunction that
enjoins a party from molesting or disturbing the peace of the other party has occurred, the peace
officer shall use every reasonable means to enforce that part of the injunction against the
petitioner or respondent, as applicable. A peace officer shall not be held civilly or criminally
liable for his or her actions pursuant to this subsection (3) if the peace officer acts in good faith
and without malice.
Source: L. 71: R&RE, p. 529, § 1. C.R.S. 1963: § 46-1-23. L. 73: p. 554, § 10. L. 97:
Entire section amended, p. 515, § 1, effective July 1. L. 98: Entire section amended, p. 1377, § 3,
effective February 1, 1999. L. 2010: (3) added, (HB 10-1097), ch. 39, p. 159, § 2, effective
August 15. L. 2011: (2.5) added, (SB 11-123), ch. 46, p. 119, § 3, effective August 10. L. 2012:
(1)(c) amended, (SB 12-175), ch. 208, p. 832, § 29, effective July 1. L. 2019: (1.5) added, (HB
19-1042), ch. 55, p. 193, § 5, effective March 28. L. 2021: (1.3) and (1.8) added, (HB 21-1220),
ch. 212, p. 1119, § 2, effective July 1. L. 2023: (1)(a)(III) added, (SB 23-173), ch. 330, p. 1974,
§ 4, effective July 1.
Cross references: For procedure for intervention of other parties generally, see C.R.C.P.
24; for procedure in a custody proceeding, see § 14-13-209.
14-10-123.3. Requests for parental responsibility for a child by grandparents.
Whenever a grandparent seeks parental responsibility for his or her grandchild pursuant to the
provisions of this article, the court entering such order shall consider any credible evidence of
the grandparent's past conduct of child abuse or neglect. Such evidence may include, but shall
not be limited to, medical records, school records, police reports, information contained in
records and reports of child abuse or neglect, and court records received by the court pursuant to
section 19-1-307 (2)(f), C.R.S.
Source: L. 91: Entire section added, p. 261, § 1, effective May 31. L. 98: Entire section
amended, p. 1378, § 4, effective February 1, 1999. L. 2003: Entire section amended, p. 1401, §
4, effective January 1, 2004.
Cross references: For the legislative declaration contained in the 2003 act amending this
section, see section 1 of chapter 196, Session Laws of Colorado 2003.
14-10-123.4. Rights of children in matters relating to parental responsibilities. (1)
The general assembly hereby declares that children have certain rights in the determination of
matters relating to parental responsibilities, including:
(a) The right to have such determinations based upon the best interests of the child;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 135 of 247
(b) The right to be emotionally, mentally, and physically safe when in the care of either
parent; and
(c) The right to reside in and visit in homes that are free of domestic violence and child
abuse or neglect.
Source: L. 87: Entire section added, p. 574, § 1, effective July 1. L. 98: Entire section
amended, p. 1378, § 5, effective February 1, 1999. L. 2013: Entire section amended, (HB
13-1259), ch. 218, p. 995, § 1, effective July 1.
14-10-123.5. Joint custody. (Repealed)
Source: L. 83: Entire section added, p. 645, § 2, effective June 10. L. 84: (4) amended,
p. 1118, § 10, effective June 7. L. 87: (1) and (6) amended and (8) added, pp. 574, 575, §§ 5, 2,
effective July 1; (6) repealed, p. 577, § 2, effective July 1. L. 98: (9) added by revision, pp. 1378,
1415, §§ 6, 85.
Editor's note: Subsection (9) provided for the repeal of this section, effective February
1, 1999. (See L. 98, pp. 1378, 1415.)
14-10-123.6. Required notice of prior restraining orders to prevent domestic abuse -
proceedings concerning parental responsibilities relating to a child - resources for family
services. (1) The general assembly hereby finds, determines, and declares that domestic
violence is a pervasive problem in society and that a significant portion of domestic violence in
society occurs in or near the home. The general assembly further recognizes research
demonstrating that children in a home where domestic violence occurs are at greater risk of
emotional, psychological, and physical harm. Studies have found that eighty to ninety percent of
the children living in homes with domestic violence are aware of the violence. The general
assembly finds that emerging research has established that these children are at greater risk of
the following: Psychological, social, and behavioral problems; higher rates of academic
problems; more physical illnesses, particularly stress-associated disorders; and a greater
propensity to exhibit aggressive and violent behavior, sometimes carrying violent and
violence-tolerant roles to their adult relationships. Studies have also noted that children are
affected to varying degrees by witnessing violence in the home, and each child should be
assessed on an independent basis. Accordingly, the general assembly determines that it is in the
best interests of the children of the state of Colorado for the courts to advise the parents or
guardians of children affected by domestic violence about the availability of resources and
services and for such persons to be provided with information concerning the resources and
services available to aid in the positive development of their children. It is the intent of the
general assembly that such information would increase the awareness of the possible effects of
domestic violence on children in the home, while providing the parents and legal guardians of
these children with a comprehensive resource of available children's services as well as potential
Colorado Revised Statutes 2023 Uncertified PrintoutPage 136 of 247
financial resources to assist parents and legal guardians seeking to retain services for their
children affected by domestic violence.
(2) When filing a proceeding concerning the allocation of parental responsibilities
relating to a child pursuant to this article, the filing party shall have a duty to disclose to the
court the existence of any prior temporary or permanent restraining orders to prevent domestic
abuse issued pursuant to article 14 of title 13, C.R.S., and any emergency protection orders
issued pursuant to section 13-14-103, C.R.S., entered against either party by any court within
two years prior to the filing of the proceeding. The disclosure required pursuant to this section
shall address the subject matter of the previous restraining orders or emergency protection
orders, including the case number and jurisdiction issuing such orders.
(3) After the filing of the petition, the court shall advise the parties concerning domestic
violence services and potential financial resources that may be available and shall strongly
encourage the parties to obtain such services for their children, in appropriate cases. If the
parties' children participate in such services, the court shall apportion the costs of such services
between the parties as it deems appropriate.
(4) The parties to a domestic relations petition filed pursuant to this article shall receive
information concerning domestic violence services and potential financial resources that may be
available.
Source: L. 95: Entire section added, p. 83, § 1, effective July 1. L. 98: Entire section
amended, p. 1379, § 7, effective February 1, 1999. L. 99: Entire section amended, p. 502, § 10,
effective July 1. L. 2001: Entire section amended, p. 979, § 2, effective August 8. L. 2004: (2)
amended, p. 555, § 11, effective July 1.
14-10-123.7. Parental education - legislative declaration. (1) The general assembly
recognizes research that documents the negative impact divorce and separation can have on
children when the parents continue the marital conflict, expose the children to this conflict, or
place the children in the middle of the conflict or when one parent drops out of the child's life.
This research establishes that children of divorce or separation may exhibit a decreased ability to
function academically, socially, and psychologically because of the stress of the divorce or
separation process. The general assembly also finds that, by understanding the process of divorce
and its impact on both adults and children, parents can more effectively help and support their
children during this time of family reconfiguration. Accordingly, the general assembly finds that
it is in the best interests of children to authorize courts to establish, or contract with providers for
the establishment of, educational programs for separating, divorcing, and divorced parents with
minor children. The intent of these programs is to educate parents about the divorce process and
its impact on adults and children and to teach coparenting skills and strategies so that parents
may continue to parent their children in a cooperative manner.
(2) A court may order a parent whose child is under eighteen years of age to attend a
program designed to provide education concerning the impact of separation and divorce on
children in cases in which the parent of a minor is a named party in a dissolution of marriage
Colorado Revised Statutes 2023 Uncertified PrintoutPage 137 of 247
proceeding, a legal separation proceeding, a proceeding concerning the allocation of parental
responsibilities, parenting time proceedings, or postdecree proceedings involving the allocation
of parental responsibilities or parenting time or proceedings in which the parent is the subject of
a protection order issued pursuant to this article.
(3) Each judicial district, or combination of judicial districts as designated by the chief
justice of the Colorado supreme court, may establish an educational program for divorcing and
separating parents who are parties to any of the types of proceedings specified in subsection (2)
of this section or arrange for the provision of such educational programs by private providers
through competitively negotiated contracts. The educational program shall inform parents about
the divorce process and its impact on adults and children and shall teach parents coparenting
skills and strategies so that they may continue to parent their children in a cooperative manner.
Any such educational program shall be administered and monitored by the implementing judicial
district or districts and shall be paid for by the participating parents in accordance with each
parent's ability to pay.
Source: L. 96: Entire section added, p. 249, § 1, effective July 1. L. 97: (2) amended, p.
80, § 1, effective March 24. L. 98: (2) amended, p. 1380, § 8, effective February 1, 1999. L.
2003: (2) amended, p. 1012, § 17, effective July 1.
14-10-123.8. Access to records. Access to information pertaining to a minor child,
including but not limited to medical, dental, and school records, shall not be denied to any party
allocated parental responsibilities, unless otherwise ordered by the court for good cause shown.
Source: L. 98: Entire section added, p. 1380, § 9, effective February 1, 1999.
14-10-124. Best interests of the child. (1) Legislative declaration. While co-parenting
is not appropriate in all circumstances following dissolution of marriage or legal separation, the
general assembly finds and declares that, in most circumstances, it is in the best interest of all
parties to encourage frequent and continuing contact between each parent and the minor children
of the marriage after the parents have separated or dissolved their marriage. In order to effectuate
this goal when appropriate, the general assembly urges parents to share the rights and
responsibilities of child-rearing and to encourage the love, affection, and contact between the
children and the parents.
(1.3) Definitions. For purposes of this section and section 14-10-129 (2)(c), unless the
context otherwise requires:
(a) "Domestic violence" means an act of violence or a threatened act of violence upon a
person with whom the actor is or has been involved in an intimate relationship, and may include
any act or threatened act against a person or against property, including an animal, when used as
a method of coercion, control, punishment, intimidation, or revenge directed against a person
with whom the actor is or has been involved in an intimate relationship.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 138 of 247
(b) "Intimate relationship" means a relationship between spouses, former spouses, past
or present unmarried couples, or persons who are both parents of the same child regardless of
whether the persons have been married or have lived together at any time.
(c) "Sexual assault" has the same meaning as set forth in section 19-1-103.
(1.5) Allocation of parental responsibilities. The court shall determine the allocation of
parental responsibilities, including parenting time and decision-making responsibilities, in
accordance with the best interests of the child giving paramount consideration to the child's
safety and the physical, mental, and emotional conditions and needs of the child as follows:
(a) Determination of parenting time. The court, upon the motion of either party or
upon its own motion, may make provisions for parenting time that the court finds are in the best
interests of the child, with the child's safety always paramount, unless the court finds, after a
hearing, that parenting time by the party would endanger the child's physical health or
significantly impair the child's emotional development. In addition to a finding that parenting
time would endanger the child's physical health or significantly impair the child's emotional
development, in any order imposing or continuing a parenting time restriction, the court shall
enumerate the specific factual findings supporting the restriction, including findings related to
domestic violence, child abuse, and child sexual abuse, and may enumerate the conditions that
the restricted party could fulfill in order to seek modification in the parenting plan. When a claim
of child abuse or neglect, domestic violence, or sexual assault where there is also a claim that the
child was conceived as a result of the sexual assault has been made to the court, or the court has
reason to believe that a party has committed child abuse or neglect, domestic violence, or sexual
assault where there is also a claim that the child was conceived as a result of the sexual assault,
prior to determining parenting time, the court shall follow the provisions of subsection (4) of this
section. In determining the best interests of the child for purposes of parenting time, the court
shall consider all relevant factors, including:
(I) The wishes of the child's parents as to parenting time;
(II) The wishes of the child if he or she is sufficiently mature to express reasoned and
independent preferences as to the parenting time schedule;
(III) The interaction and interrelationship of the child with his or her parents, his or her
siblings, and any other person who may significantly affect the child's best interests;
(III.5) Any report related to domestic violence that is submitted to the court by a child
and family investigator, if one is appointed pursuant to section 14-10-116.5; a professional
parental responsibilities evaluator, if one is appointed pursuant to section 14-10-127; or a legal
representative of the child, if one is appointed pursuant to section 14-10-116. The court may
consider other testimony regarding domestic violence from the parties, experts, therapists for any
parent or child, the department of human services, parenting time supervisors, school personnel,
or other lay witnesses.
(IV) The child's adjustment to his or her home, school, and community;
(V) The mental and physical health of all individuals involved, except that a disability
alone shall not be a basis to deny or restrict parenting time;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 139 of 247
(VI) The ability of the parties to encourage the sharing of love, affection, and contact
between the child and the other party; except that, if the court determines that a party is acting to
protect the child from witnessing domestic violence or from being a victim of child abuse or
neglect or domestic violence, the party's protective actions shall not be considered with respect
to this factor;
(VII) Whether the past pattern of involvement of the parties with the child reflects a
system of values, time commitment, and mutual support;
(VIII) The physical proximity of the parties to each other as this relates to the practical
considerations of parenting time;
(IX) and (X) Repealed.
(XI) The ability of each party to place the needs of the child ahead of his or her own
needs.
(b) Allocation of decision-making responsibility. The court, upon the motion of either
party or its own motion, shall allocate the decision-making responsibilities between the parties
based upon the best interests of the child. In determining decision-making responsibility, the
court may allocate the decision-making responsibility with respect to each issue affecting the
child mutually between both parties or individually to one or the other party or any combination
thereof. When a claim of child abuse or neglect or domestic violence has been made to the court,
or the court has reason to believe that a party has committed child abuse or neglect, domestic
violence, or sexual assault where there is also a claim that the child in question was conceived as
a result of the sexual assault, prior to allocating decision-making responsibility, the court shall
follow the provisions of subsection (4) of this section. In determining the best interests of the
child for purposes of allocating decision-making responsibilities, the court shall consider, in
addition to the factors set forth in paragraph (a) of this subsection (1.5), all relevant factors
including:
(I) Credible evidence of the ability of the parties to cooperate and to make decisions
jointly;
(II) Whether the past pattern of involvement of the parties with the child reflects a
system of values, time commitment, and mutual support that would indicate an ability as mutual
decision makers to provide a positive and nourishing relationship with the child;
(III) Whether an allocation of mutual decision-making responsibility on any one or a
number of issues will promote more frequent or continuing contact between the child and each
of the parties.
(IV) and (V) Repealed.
(1.7) Pursuant to section 14-10-123.4, children have the right to have the determination
of matters relating to parental responsibilities based upon the best interests of the child. In
contested hearings on final orders regarding the allocation of parental responsibilities, the court
shall make findings on the record concerning the factors the court considered and the reasons
why the allocation of parental responsibilities is in the best interests of the child.
(2) The court shall not consider conduct of a party that does not affect that party's
relationship to the child.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 140 of 247
(3) In determining parenting time or decision-making responsibilities, the court shall not
presume that any person is better able to serve the best interests of the child because of that
person's sex.
(3.5) A request by either party for genetic testing shall not prejudice the requesting party
in the allocation of parental responsibilities pursuant to subsection (1.5) of this section.
(4) (a) When a claim of child abuse or neglect, domestic violence, or sexual assault
where there is also a claim that the child was conceived as a result of the sexual assault has been
made to the court, or the court has reason to believe that a party has committed child abuse or
neglect, domestic violence, or sexual assault that resulted in the conception of the child, prior to
allocating parental responsibilities, including parenting time and decision-making responsibility,
and prior to considering the factors set forth in paragraphs (a) and (b) of subsection (1.5) of this
section, the court shall consider the following factors:
(I) Whether one of the parties has committed an act of child abuse or neglect as defined
in section 18-6-401, C.R.S., or as defined under the law of any state, which factor must be
supported by a preponderance of the evidence. If the court finds that one of the parties has
committed child abuse or neglect, then it shall not be in the best interests of the child to allocate
mutual decision-making with respect to any issue over the objection of the other party or the
legal representative of the child.
(II) Whether one of the parties has committed an act of domestic violence, has engaged
in a pattern of domestic violence, or has a history of domestic violence, which factor must be
supported by a preponderance of the evidence. If the court finds by a preponderance of the
evidence that one of the parties has committed domestic violence:
(A) It shall not be in the best interests of the child to allocate mutual decision-making
responsibility over the objection of the other party or the legal representative of the child, unless
the court finds that there is credible evidence of the ability of the parties to make decisions
cooperatively in the best interest of the child in a manner that is safe for the abused party and the
child; and
(B) The court shall not appoint a parenting coordinator solely to ensure that mutual
decision-making can be accomplished.
(III) Whether one of the parties has committed an act of sexual assault resulting in the
conception of the child, which factor must be supported by a preponderance of the evidence. If
the court finds by a preponderance of the evidence that one of the parties has committed sexual
assault and the child was conceived as a result of the sexual assault, there is a rebuttable
presumption that it is not in the best interests of the child to allocate sole or split
decision-making authority to the party found to have committed sexual assault or to allocate
mutual decision-making between a party found to have committed sexual assault and the party
who was sexually assaulted with respect to any issue.
(IV) If one of the parties is found by a preponderance of the evidence to have committed
sexual assault resulting in the conception of the child, whether it is in the best interests of the
child to prohibit or limit the parenting time of that party with the child.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 141 of 247
(b) The court shall consider the additional factors set forth in paragraphs (a) and (b) of
subsection (1.5) of this section in light of any finding of child abuse or neglect, domestic
violence, or sexual assault resulting in the conception of a child pursuant to this subsection (4).
(c) If a party is absent or leaves home because of an act or threatened act of domestic
violence committed by the other party, such absence or leaving shall not be a factor in
determining the best interests of the child.
(d) When the court finds by a preponderance of the evidence that one of the parties has
committed child abuse or neglect, domestic violence, or sexual assault resulting in the
conception of the child, the court shall consider, as the primary concern, the safety and
well-being of the child and the abused party.
(e) When the court finds by a preponderance of the evidence that one of the parties has
committed child abuse or neglect, domestic violence, or sexual assault resulting in the
conception of the child, in formulating or approving a parenting plan, the court shall consider
conditions on parenting time that ensure the safety of the child and of the abused party. In
addition to any provisions set forth in subsection (7) of this section that are appropriate, the
parenting plan in these cases may include, but is not limited to, the following provisions:
(I) An order limiting contact between the parties to contact that the court deems is safe
and that minimizes unnecessary communication between the parties;
(II) An order that requires the exchange of the child for parenting time to occur in a
protected setting determined by the court;
(III) An order for supervised parenting time;
(IV) An order restricting overnight parenting time;
(V) An order that restricts the party who has committed domestic violence, sexual
assault resulting in the conception of the child, or child abuse or neglect from possessing or
consuming alcohol or controlled substances during parenting time or for twenty-four hours prior
to the commencement of parenting time;
(VI) An order directing that the address of the child or of any party remain confidential;
(VII) An order that imposes any other condition on one or more parties that the court
determines is necessary to protect the child, another party, or any other family or household
member of a party; and
(VIII) An order that requires child support payments to be made through the child
support registry to avoid the need for any related contact between the parties and an order that
the payments be treated as a nondisclosure of information case.
(f) When the court finds by a preponderance of the evidence that one of the parties has
committed domestic violence, the court may order the party to submit to a domestic violence
evaluation. If the court determines, based upon the results of the evaluation, that treatment is
appropriate, the court may order the party to participate in domestic violence treatment. At any
time, the court may require a subsequent evaluation to determine whether additional treatment is
necessary. If the court awards parenting time to a party who has been ordered to participate in
domestic violence treatment, the court may order the party to obtain a report from the treatment
provider concerning the party's progress in treatment and addressing any ongoing safety
Colorado Revised Statutes 2023 Uncertified PrintoutPage 142 of 247
concerns regarding the party's parenting time. The court may order the party who has committed
domestic violence to pay the costs of the domestic violence evaluations and treatment.
(5) Repealed.
(6) In the event of a medical emergency, either party shall be allowed to obtain
necessary medical treatment for the minor child or children without being in violation of the
order allocating decision-making responsibility or in contempt of court.
(7) In order to implement an order allocating parental responsibilities, both parties may
submit a parenting plan or plans for the court's approval that shall address both parenting time
and the allocation of decision-making responsibilities. If no parenting plan is submitted or if the
court does not approve a submitted parenting plan, the court, on its own motion, shall formulate
a parenting plan that shall address parenting time and the allocation of decision-making
responsibilities. When issues relating to parenting time are contested, and in other cases where
appropriate, the parenting plan must be as specific as possible to clearly address the needs of the
family as well as the current and future needs of the aging child. In general, the parenting plan
may include, but is not limited to, the following provisions:
(a) A designation of the type of decision-making awarded;
(b) A practical schedule of parenting time for the child, including holidays and school
vacations;
(c) A procedure for the exchanges of the child for parenting time, including the location
of the exchanges and the party or parties responsible for the child's transportation;
(d) A procedure for communicating with each other about the child, including methods
for communicating and frequency of communication;
(e) A procedure for communication between a parent and the child outside of that
parent's parenting time, including methods for communicating and frequency of communication;
and
(f) Any other orders in the best interests of the child.
(8) The court may order mediation, pursuant to section 13-22-311, C.R.S., to assist the
parties in formulating or modifying a parenting plan or in implementing a parenting plan
specified in subsection (7) of this section and may allocate the cost of said mediation between
the parties.
Source: L. 71: R&RE, p. 529, § 1. C.R.S. 1963: § 46-1-24. L. 79: (3) added, p. 645, § 1,
effective March 2. L. 81: (4) added, p. 904, § 1, effective May 22. L. 83: (1) R&RE and (1.5)
and (5) added, p. 647, §§ 3, 4, effective June 10. L. 87: (1.5)(g) to (1.5)(m) added and (5)
repealed, pp. 574, 576, §§ 3, 6, effective July 1; (1.5)(m) repealed, p. 1578, § 22, effective July
1. L. 98: Entire section amended, p. 1380, § 10, effective February 1, 1999. L. 2005:
(1.5)(b)(IV) and (1.5)(b)(V) amended, p. 961, § 6, effective July 1; (3.5) added, p. 377, § 2,
effective January 1, 2006. L. 2010: (1.3) added and (1.5)(a)(X), (1.5)(b)(V), and (4) amended,
(HB 10-1135), ch. 87, p. 290, § 1, effective July 1. L. 2013: (1), IP(1.5), IP(1.5)(a), (1.5)(a)(VI),
IP(1.5)(b), (4), and (7) amended, (1.5)(a)(IX), (1.5)(a)(X), (1.5)(b)(IV), and (1.5)(b)(V) repealed,
and (1.7) added, (HB 13-1259), ch. 218, p. 995, § 2, effective July 1; IP(1.5)(a) amended, (HB
Colorado Revised Statutes 2023 Uncertified PrintoutPage 143 of 247
13-1243), ch. 124, p. 418, § 1, effective August 7. L. 2014: (1.3)(c), (4)(a)(III), and (4)(a)(IV)
added and IP(1.5)(a), IP(1.5)(b), IP(4)(a), (4)(b), (4)(d), and (4)(e) amended, (HB 14-1162), ch.
167, p. 591, § 7, effective July 1. L. 2021: IP(1.5)(a) amended and (1.5)(a)(III.5) added, (HB
21-1228), ch. 292, p. 1731, § 5, effective June 22; (1.3)(c) amended, (SB 21-059), ch. 136, p.
712, § 19, effective October 1.
Editor's note: (1) Amendments to the introductory portion to subsection (1.5)(a) by
House Bill 13-1259 and House Bill 13-1243 were harmonized.
(2) Subsections (4)(a)(I) and (4)(a)(II) are similar to former § 14-10-124 (1.5)(b)(IV)
and (1.5)(b)(V) as they existed prior to August 7, 2013.
Cross references: (1) For the "Uniform Child-custody Jurisdiction and Enforcement
Act", see article 13 of this title 14.
(2) For the legislative declarations contained in the 2005 act amending subsections
(1.5)(b)(IV) and (1.5)(b)(V), see sections 1 and 3 of chapter 244, Session Laws of Colorado
2005. For the legislative declaration in HB 21-1228, see section 1 of chapter 292, Session Laws
of Colorado 2021.
14-10-124.3. Stay of proceedings - criminal charges of allegations of sexual assault.
(Repealed)
Source: L. 2013: Entire section added, (SB 13-227), ch. 353, p. 2059, § 4, effective July
1. L. 2014: Entire section repealed, (HB 14-1162), ch. 167, p. 586, § 2, effective July 1.
14-10-124.4. Family time for grandparents or great-grandparents - legislative
declaration - definitions. (1) (a) The general assembly finds and declares that:
(I) A close relationship between grandparents or great-grandparents and grandchildren or
great-grandchildren can be beneficial for the health and well-being of grandchildren or
great-grandchildren; and
(II) Grandparents or great-grandparents may provide acceptance, patience, love,
stability, wisdom, and support to grandchildren or great-grandchildren.
(b) The general assembly further finds that it may be in the best interests of
grandchildren or great-grandchildren for grandparents or great-grandparents to be granted
grandparent or great-grandparent family time because of the positive effects the relationship may
have on a grandchild's or great-grandchild's health and well-being.
(2) As used in this section, unless the context otherwise requires:
(a) "Grandparent" means a person who is the parent of a child's father or mother, who is
related to the child by blood, in whole or by half, adoption, or marriage; except that
"grandparent" does not include the parent of a child's legal father or mother whose parental
rights have been terminated in accordance with sections 19-5-101 and 19-1-104 (1)(d).
Colorado Revised Statutes 2023 Uncertified PrintoutPage 144 of 247
(b) "Great-grandparent" means a person who is the grandparent of a child's father or
mother, who is related to the child by blood, in whole or by half, adoption, or marriage; except
that "great-grandparent" does not include the grandparent of a child's legal father or mother
whose parental rights have been terminated in accordance with sections 19-5-101 and 19-1-104
(1)(d).
(c) "Grandparent or great-grandparent family time" or "grandparent family time" means
any form of contact or engagement between grandparents or great-grandparents and their
grandchildren or great-grandchildren for the purposes of preserving and strengthening family
ties.
(3) Any grandparent or great-grandparent of a child may, in the manner set forth in this
section, seek a court order granting reasonable grandparent family time with a grandchild or
great-grandchild when there is or has been a child custody case or a case concerning the
allocation of parental responsibilities with respect to that child. Because cases arise that do not
directly deal with child custody or the allocation of parental responsibilities but nonetheless have
an impact on the custody of, or parental responsibilities with respect to a child, for the purposes
of this section, a "case concerning the allocation of parental responsibilities with respect to a
child" includes any of the following, whether or not child custody was or parental
responsibilities were specifically an issue:
(a) The marriage of the child's parents has been declared invalid or has been dissolved
by a court or a court has entered a decree of legal separation with regard to such marriage;
(b) Legal custody of or parental responsibilities with respect to the child have been given
or allocated to a party other than the child's parent or the child has been placed outside of and
does not reside in the home of the child's parent, excluding any child who has been placed for
adoption or whose adoption has been legally finalized; or
(c) The child's parent, who is the child of the grandparent or grandchild of the
great-grandparent, has died.
(4) A party seeking a grandparent family time order shall submit, together with the
party's petition for grandparent family time, to the district court for the district in which the child
resides, an affidavit setting forth facts supporting the requested order and shall give notice,
together with a copy of the party's affidavit, to each party involved in the allocation of parental
responsibilities proceedings as determined by a court pursuant to this article 10. The party with
legal custody or parental responsibilities as determined by a court pursuant to this article 10, may
file opposing affidavits. If neither party requests a hearing, the court shall enter an order granting
grandparent family time to the petitioning grandparent or great-grandparent only upon a finding
that the grandparent family time is in the best interests of the child. A hearing must be held if
either party so requests or if it appears to the court that it is in the best interests of the child that a
hearing be held. At the hearing, parties submitting affidavits are allowed an opportunity to be
heard. If, at the conclusion of the hearing, the court finds it is in the best interests of the child to
grant grandparent family time to the petitioning grandparent or great-grandparent, the court shall
enter an order granting grandparent family time. In determining the best interests of the child for
the purpose of grandparent or great-grandparent family time, the court shall presume the parental
Colorado Revised Statutes 2023 Uncertified PrintoutPage 145 of 247
determination regarding grandparent time is in the best interests of the child. A grandparent or
great-grandparent may overcome the presumption upon a showing by clear and convincing
evidence that the grandparent family time is in the child's best interests. In making this
determination, the court shall consider the factors described in section 14-10-124 (1.5)(a).
(5) The court may appoint a legal representative of a child pursuant to section 14-10-116
to represent the best interests of the child in a proceeding pursuant to subsection (4) of this
section.
(6) A grandparent or great-grandparent shall not file a petition seeking an order granting
grandparent family time more than once every two years absent a showing of good cause. If the
court finds there is good cause to file more than one such petition, it shall allow such additional
petition to be filed and shall consider it. The court may order reasonable attorney fees to the
prevailing party. The court may not make any order restricting the movement of the child if such
restriction is solely for the purpose of allowing the grandparent or great-grandparent the
opportunity to exercise the grandparent's or great-grandparent's family time with the grandchild
or great-grandchild.
(7) The court may establish, modify, or terminate grandparent family time if the order
would serve the best interests of the child.
(8) An order establishing, granting, or denying parenting time rights to the parent of a
child does not affect grandparent family time granted to a grandparent or great-grandparent as
long as the grandparent family time is in the best interests of the child pursuant to this section.
Source: L. 2023: Entire section added with relocations, (HB 23-1026), ch.243, p. 1302,
§ 2, effective August 7.
Editor's note: Subsection (3) is similar to § 19-1-117 (1); subsection (4) is similar to §
19-1-117 (2); subsection (6) is similar to § 19-1-117 (3); subsection (7) is similar to § 19-1-117
(4); and subsection (8) is similar to § 19-1-117 (5) as they existed prior to 2023.
Cross references: For the short title ("Grandparents' Rights for Aaliyah and Myah Act")
in HB 23-1026, see section 1 of chapter 243, Session Laws of Colorado 2023.
14-10-124.5. Disputes concerning grandparent or great-grandparent family time. (1)
Upon a verified motion by a grandparent or great-grandparent who has been granted grandparent
or great-grandparent family time or upon the court's own motion alleging that the person with
legal custody or parental responsibilities of the child as determined by a court pursuant to this
article 10 with whom grandparent family time has been granted is not complying with a
grandparent or great-grandparent family time order or schedule, the court shall determine from
the verified motion, and response to the motion, if any, whether there has been or is likely to be a
substantial and continuing noncompliance with the grandparent or great-grandparent family time
order or schedule and either:
(a) Deny the motion, if there is an inadequate allegation; or
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(b) Set the matter for hearing with notice to the grandparent or great-grandparent and the
person with legal custody or parental responsibilities of the child as determined by the court of
the time and place of the hearing; or
(c) Require said parties to seek mediation and report back to the court on the results of
the mediation within sixty days. Mediation services must be provided in accordance with section
13-22-305. At the end of the mediation period, the court may approve an agreement reached by
the parties or shall set the matter for hearing.
(2) After the hearing, if a court finds that the person with legal custody or parental
responsibilities of the child as determined by the court has not complied with the grandparent or
great-grandparent family time order or schedule and has violated the court order, the court, in the
best interests of the child, may issue orders which may include but need not be limited to:
(a) Imposing additional terms and conditions which are consistent with the court's
previous order;
(b) Modifying the previous order to meet the best interests of the child;
(c) Requiring the violator to post bond or security to insure future compliance;
(d) Requiring that makeup grandparent or great-grandparent family time be provided for
the aggrieved grandparent or great-grandparent and child under the following conditions:
(I) That such grandparent or great-grandparent family time is of the same type and
duration of grandparent or great-grandparent family time as that which was denied, including but
not limited to grandparent or great-grandparent family time during weekends, on holidays, and
on weekdays and during the summer;
(II) That such grandparent or great-grandparent family time is made up within one year
after the noncompliance occurs; or
(III) That such grandparent or great-grandparent family time is in the manner chosen by
the aggrieved grandparent or great-grandparent if it is in the best interests of the child;
(e) Finding the person who did not comply with the grandparent or great-grandparent
family time schedule in contempt of court and imposing a fine or jail sentence; and
(f) Awarding to the aggrieved party, when appropriate, actual expenses, including
attorney fees, court costs, and expenses incurred by a grandparent or great-grandparent because
of the other person's failure to provide or exercise court-ordered grandparent or
great-grandparent family time. Nothing in this section precludes a party's right to a separate and
independent legal action in tort.
(3) As used in this section, unless the context otherwise requires:
(a) "Grandparent" has the same meaning as set forth in section 14-10-124.4.
(b) "Great-grandparent" has the same meaning as set forth in section 14-10-124.4.
(c) "Grandparent or great-grandparent family time" or "grandparent family time" has the
same meaning as set forth in section 14-10-124.4.
Source: L. 2023: Entire section added with relocations (HB 23-1026), ch. 243, p. 1302, §
2, effective August 7.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 147 of 247
Editor's note: This section is similar to § 19-1-117.5 as it existed prior to 2023.
Cross references: For the short title ("Grandparents' Rights for Aaliyah and Myah Act")
in HB 23-1026, see section 1 of chapter 243, Session Laws of Colorado 2023.
14-10-125. Temporary orders. (1) A party to a proceeding concerning the allocation of
parental responsibilities may move for a temporary order. The court may allocate temporary
parental responsibilities, including temporary parenting time and temporary decision-making
responsibility, after a hearing.
(2) If a proceeding for dissolution of marriage or legal separation is dismissed, any
temporary order concerning the allocation of parental responsibilities is vacated unless a parent
or the person allocated parental responsibilities moves that the proceeding continue as a
proceeding concerning the allocation of parental responsibilities and the court finds, after a
hearing, that the circumstances of the parents and the best interests of the child require that a
decree concerning the allocation of parental responsibilities be issued.
(3) If a proceeding concerning the allocation of parental responsibilities commenced in
the absence of a petition for dissolution of marriage or legal separation is dismissed, any
temporary order concerning the allocation of parental responsibilities is vacated.
Source: L. 71: R&RE, p. 530, § 1. C.R.S. 1963: § 46-1-25. L. 84: (1) amended, p. 479,
§ 1, effective March 16. L. 98: Entire section amended, p. 1383, § 11, effective February 1,
1999.
14-10-126. Interviews. (1) The court may interview the child in chambers to ascertain
the child's wishes as to the allocation of parental responsibilities. The court may permit counsel
to be present at the interview. The court shall cause a record of the interview to be made, and it
shall be made part of the record in the case.
(2) The court may seek the advice of professional personnel whether or not they are
employed on a regular basis by the court. The advice given shall be in writing and shall be made
available by the court to counsel of record, parties, and other expert witnesses upon request, but
it shall otherwise be considered confidential and shall be sealed and shall not be open to
inspection, except by consent of the court. Counsel may call for cross-examination any
professional personnel consulted by the court.
Source: L. 71: R&RE, p. 530, § 1. C.R.S. 1963: § 46-1-26. L. 98: (1) amended, p. 1384,
§ 12, effective February 1, 1999.
14-10-127. Evaluation and reports - training and qualifications of evaluators -
disclosure. (1) (a) (I) (A) In all proceedings concerning the allocation of parental
responsibilities with respect to a child, the court may, upon motion of either party or upon its
own motion, order any county or district department of human or social services or a licensed
Colorado Revised Statutes 2023 Uncertified PrintoutPage 148 of 247
mental health professional qualified pursuant to subsection (4) of this section and referred to in
this section as an "evaluator" to perform an evaluation and file a written report concerning the
disputed issues relating to the allocation of parental responsibilities for the child, unless the
motion by either party is made for the purpose of delaying the proceedings. The purpose of the
evaluation and report is to assist in determining the best interests of the child, with the child's
safety always paramount. The evaluation and subsequent report must focus on the best interests
of the child and the factors set forth in sections 14-10-124 and 14-10-129 in any post-decree or
relocation case. In addition, the evaluator shall assess a party's parenting attributes as those
attributes relate to the best interests of the child, and consider any psychological needs of the
child when making recommendations concerning decision-making and parenting time.
(B) Any court or any personnel of a county or district department of human or social
services appointed by the court to do an evaluation pursuant to this section must be qualified
pursuant to subsection (4) of this section and be selected from an eligibility roster established
pursuant to applicable chief justice directive.
(C) When a mental health professional performs the evaluation, the court shall appoint
or approve the selection of the mental health professional as the evaluator. Within seven days
after the appointment, the evaluator shall comply with the disclosure provisions of subsection
(1.2) of this section. The court shall, at the time of the evaluator's appointment, order one or
more of the parties to deposit a reasonable sum with the court to pay the cost of the evaluation.
The court may order the reasonable charge for the evaluation and report to be assessed as costs
between the parties at the time the evaluation is completed.
(I.3) In determining whether to order an evaluation pursuant to this section, in addition
to any other considerations the court deems relevant, the court shall consider:
(A) Whether an investigation by a child and family investigator pursuant to section
14-10-116.5 would be sufficient or appropriate given the scope or nature of the disputed issues
relating to the allocation of parental responsibilities for the child;
(B) Whether an evaluation pursuant to this section is necessary to assist the court in
determining the best interests of the child; and
(C) Whether involving the child in an evaluation pursuant to this section is in the best
interests of the child.
(I.5) A party may request a supplemental evaluation to the evaluation ordered pursuant
to subsection (1)(a)(I) of this section. The court shall appoint another qualified evaluator to
perform the supplemental evaluation at the initial expense of the moving party. The evaluator
appointed to perform the supplemental evaluation shall comply with the disclosure provisions of
subsection (1.2) of this section. The court shall not order a supplemental evaluation if it
determines that any of the following applies, based on motion and supporting affidavits:
(A) Such motion is interposed for purposes of delay;
(B) A party objects, and the party who objects or the child has a physical or mental
condition that would make it harmful for such party or the child to participate in the
supplemental evaluation;
(C) The purpose of such motion is to harass or oppress the other party;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 149 of 247
(D) The moving party has failed or refused to cooperate with the first evaluation;
(E) The weight of the evidence other than the evaluation concerning the allocation of
parental responsibilities or parenting time by the mental health professional demonstrates that a
second evaluation would not be of benefit to the court in determining the allocation of parental
responsibilities and parenting time; or
(F) In addition to the evaluation ordered pursuant to subparagraph (I) of this paragraph
(a), there has been an investigation and report prepared by a child and family investigator
pursuant to section 14-10-116.5, and the court finds that a supplemental evaluation concerning
parental responsibilities will not serve the best interests of the child.
(II) Each party and the child, if possible, shall cooperate in the supplemental evaluation.
If the court finds that the supplemental evaluation was necessary and materially assisted the
court, the court may order the costs of such supplemental evaluation to be assessed as costs
between the parties. Except as otherwise provided in this section, the report is confidential and is
not available for public inspection unless by order of court. The cost of each department of
human services evaluation is based on an ability to pay and must be assessed as part of the costs
of the action or proceeding, and, upon receipt of such sum by the clerk of court, the clerk of
court shall transmit the money to the department or agency performing the evaluation.
(b) The person signing a report or evaluation and supervising its preparation must be a
licensed mental health professional. The licensed mental health professional signing a report or
evaluation must be qualified as competent, by training and experience, as described in subsection
(4) of this section. Unlicensed associates or other persons may work with the mental health
professional to prepare the report.
(c) An evaluator shall strive to engage in culturally informed and nondiscriminatory
practices, and strive to avoid conflicts of interest or multiple relationships in conducting
evaluations.
(1.2) (a) Within seven days after his or her appointment, the evaluator shall disclose to
each party, attorneys of record, and the court any familial, financial, or social relationship that
the evaluator has or has had with the child, either party, the attorneys of record, or the judicial
officer and, if a relationship exists, the nature of the relationship.
(b) Based on the disclosure required pursuant to paragraph (a) of this subsection (1.2),
the court may, in its discretion, terminate the appointment and appoint a different evaluator in
the proceedings. A party has seven days from the date of the disclosure to object to the
appointment based upon information contained in the disclosure. If a party objects to the
appointment, the court shall appoint a different person or confirm the appointment within seven
days after the date of the party's objection. If no party timely objects to the appointment, then the
appointment is deemed confirmed.
(2) In preparing the report concerning a child, the evaluator may consult any person who
may have information about the child and the child's potential parenting arrangements. Upon
order of the court, the evaluator may refer the child to other professional personnel for diagnosis.
The evaluator may consult with and obtain information from medical, mental health,
educational, or other expert persons who have served the child in the past without obtaining the
Colorado Revised Statutes 2023 Uncertified PrintoutPage 150 of 247
consent of the parent or the person allocated parental responsibilities for the child; but the child's
consent must be obtained if the child has reached the age of fifteen years unless the court finds
that the child lacks mental capacity to consent. If the requirements of subsections (3) to (7) of
this section are fulfilled, the evaluator's report may be received in evidence at the hearing.
(3) The evaluator shall mail the report to the court and to counsel and to any party not
represented by counsel at least twenty-one days prior to the hearing. The evaluator shall make
available to counsel and to any party not represented by counsel his or her file of underlying data
and reports, complete texts of diagnostic reports made to the evaluator pursuant to the provisions
of subsections (2), (5), and (6) of this section, and the names and addresses of all persons whom
the evaluator has consulted. Any party to the proceeding may call the evaluator and any person
with whom the evaluator has consulted for cross-examination. No party may waive his or her
right of cross-examination prior to the hearing.
(4) A person is not allowed to testify as an expert witness regarding a parental
responsibilities or parenting time evaluation that the person has performed pursuant to this
section unless the court finds that the person is qualified as competent, by training and
experience, in the areas of:
(a) The effects of divorce and remarriage on children, adults, and families;
(a.5) The effects of domestic violence on children, adults, and families, including the
connection between domestic violence and trauma on children, child abuse, and child sexual
abuse in accordance with section 14-10-127.5. The person's training and experience must be
provided by recognized sources with expertise in domestic violence and the traumatic effects of
domestic violence in accordance with section 14-10-127.5. As of January 1, 2024, initial and
ongoing training must include, at a minimum:
(I) Ten initial hours of training on domestic violence, including coercive control, and its
traumatic effects on children, adults, and families;
(II) Ten initial hours of training on child abuse and child sexual abuse and its traumatic
effects; and
(III) Fifteen subsequent hours of training every five years on domestic violence, child
abuse, and child sexual abuse and the traumatic effects on children, adults, and families.
(b) Appropriate parenting techniques;
(c) Child development, including cognitive, personality, emotional, and psychological
development;
(d) Child and adult psychopathology;
(e) Applicable clinical assessment techniques; and
(f) Applicable legal and ethical requirements of parental responsibilities evaluation.
(5) If an evaluation is indicated in an area beyond the training or experience of the
evaluator, the evaluator shall consult with a mental health professional qualified by training or
experience, as described in subsection (4) of this section, in that area. Such areas may include,
but are not limited to, domestic violence, child abuse, child sexual abuse, alcohol or substance
abuse, or psychological testing.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 151 of 247
(6) (a) An evaluator may make specific reports when the evaluator has interviewed and
assessed all parties to the dispute, assessed the quality of the relationship, or the potential for
establishing a quality relationship, between the child and each of the parties, and had access to
pertinent information from outside sources.
(b) An evaluator may make reports even though all parties and the child have not been
evaluated by the same evaluator in the following circumstances, if the evaluator states with
particularity the limitations of the evaluator's findings and reports:
(I) Any of the parties reside outside Colorado and it would not be feasible for all parties
and the child to be evaluated by the same mental health professional; or
(II) One party refuses or is unable to cooperate with the court-ordered evaluation; or
(III) The mental health professional is a member of a team of professionals that
performed the evaluation and is presenting recommendations of the team that has interviewed
and assessed all parties to the dispute.
(c) Recommendations should be considered in full context of the report.
(7) (a) A written report of the evaluation shall be provided to the court and to the parties
pursuant to subsection (3) of this section.
(b) The report of the evaluation shall include, but need not be limited to, the following
information:
(I) A description of the procedures employed during the evaluation;
(II) A report of the data collected;
(III) A conclusion that explains how the resulting recommendations were reached from
the data collected, with specific reference to criteria listed in section 14-10-124 (1.5), and, if
applicable, to the criteria listed in section 14-10-131, and their relationship to the results of the
evaluation;
(IV) Recommendations concerning the allocation of parental responsibilities for the
child, including decision-making responsibility, parenting time, and other considerations; and
(V) An explanation of any limitations in the evaluations or any reservations regarding
the resulting recommendations.
(8) All evaluations and reports, including but not limited to supplemental evaluations
and related medical and mental health information, that are submitted to the court pursuant to
this section shall be deemed confidential without the necessity of filing a motion to seal or
otherwise limit access to the court file under the Colorado rules of civil procedure. An evaluation
or report that is deemed confidential under this subsection (8) shall not be made available for
public inspection without an order of the court authorizing public inspection.
(9) On and after January 1, 2022, a party wishing to file a complaint related to a person's
duties as an evaluator shall file such complaint in accordance with the applicable provisions in
chief justice directives.
(10) The requirements of this section apply only to activities related to work performed
that is related to proceedings concerning the allocation of parental responsibilities. All other
licensure requirements for mental health professionals, as established by the department of
regulatory agencies and set forth in article 245 of title 12, still apply.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 152 of 247
Source: L. 71: R&RE, p. 530, § 1. C.R.S. 1963: § 46-1-27. L. 76: (1) amended, p. 529,
§ 1, effective April 16. L. 79: (1) amended, p. 646, § 1, effective March 2. L. 83: Entire section
amended, p. 649, § 1, effective June 10. L. 88: Entire section amended, p. 639, § 1, effective
May 11. L. 93: IP(1)(a)(I), IP(4), and (7)(b)(IV) amended, p. 577, § 10, effective July 1. L. 94:
(1)(a)(II) amended, p. 2645, § 108, effective July 1. L. 96: (1)(b) amended, p. 1287, § 1,
effective January 1, 1997. L. 98: IP(1)(a)(I), (2), (3), (4), (6)(b), and (7) amended, p. 1384, § 13,
effective February 1, 1999. L. 2005: (1)(a) amended, p. 1224, § 1, effective June 3; (1)(a)(I.5)(F)
amended, p. 963, § 10, effective July 1. L. 2006: (8) added, p. 447, § 1, effective April 13. L.
2012: (1)(a)(I) and IP(1)(a)(I.5) amended and (1.2) added, (SB 12-056), ch. 108, p. 368, § 3,
effective July 1; (3) amended, (SB 12-175), ch. 208, p. 832, § 30, effective July 1. L. 2013:
(1)(a)(I) amended and (1)(a)(I.3) added, (HB 13-1259), ch. 218, p. 1000, § 3, effective July 1. L.
2015: (1)(a)(II) amended, (SB 15-099), ch. 99, p. 289, § 1, effective August 5. L. 2018: (1)(a)(I)
amended, (SB 18-092), ch. 38, p. 401, § 15, effective August 8. L. 2021: (1)(a)(I), IP(1)(a)(I.5),
(1)(a)(II), (1)(b), IP(4), (5), (6)(a), and IP(6)(b) amended and (1)(c), (4)(a.5), (6)(c), (9), and (10)
added (HB 21-1228), ch. 292, p. 1732, § 6, effective June 22. L. 2023: (4)(a.5) amended, (HB
23-1178), ch. 266, p. 1584, § 3, effective May 25.
Cross references: (1) For the licensing of mental health professionals, see article 245 of
title 12.
(2) For the legislative declaration contained in the 1993 act amending the introductory
portions to subsections (1)(a)(I) and (4) and subsection (7)(b)(IV), see section 1 of chapter 165,
Session Laws of Colorado 1993. For the legislative declaration contained in the 1994 act
amending subsection (1)(a)(II), see section 1 of chapter 345, Session Laws of Colorado 1994.
For the legislative declarations contained in the 2005 act amending subsection (1)(a)(I.5)(F), see
sections 1 and 3 of chapter 244, Session Laws of Colorado 2005. For the legislative declaration
in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative
declaration in HB 21-1228, see section 1 of chapter 292, Session Laws of Colorado 2021.
14-10-127.5. Domestic violence training for court personnel - expert testimony -
child placement decisions - legislative declaration - definitions. (1) (a) The general assembly
finds and declares that:
(I) Approximately fifteen million children are exposed each year to domestic violence or
child abuse;
(II) Most child abuse is perpetrated in the family and by a parent;
(III) A child's risk of abuse increases after a perpetrator of intimate partner violence
separates from the perpetrator's domestic partner, even when the perpetrator had not directly
abused the child previously;
(IV) Empirical research indicates that allegations of child physical and sexual abuse are
regularly discounted by courts when raised in parental allocation cases. Courts believe fewer
than one-fourth of claims that a parent has committed child physical or sexual abuse.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 153 of 247
(V) In parental allocation cases in which an alleged or known abusive parent claims
alienation from the child, courts are four times more likely to disbelieve the parent who claims
child physical or sexual abuse;
(VI) Research shows that courts grant custody or unprotected parenting time to an
alleged or known abusive parent;
(VII) Since 2008, nearly eight hundred children have been murdered by a divorcing or
separating parent, with more than one hundred murders occurring after a court ordered the child
into contact with the alleged or known abusive parent despite objections from the parent who
claimed child physical or sexual abuse;
(VIII) Abusive parents frequently claim that abuse allegations are false to minimize or
deny reports of abuse. Experts who testify against abuse allegations often lack expertise in the
relevant type of alleged abuse, relying on unproven theories.
(IX) Judges presiding over parental allocation cases with allegations of child abuse,
child sexual abuse, and domestic violence are rarely required to receive training on these
subjects.
(b) The general assembly therefore declares that:
(I) A child's safety is the first priority of the court in a proceeding affecting the child's
care and custody;
(II) Strengthening the ability of the courts to recognize and adjudicate adult and child
abuse allegations based on valid, admissible evidence will allow courts to enter orders that
protect and minimize risk of harm to the child; and
(III) Court personnel involved in cases containing abuse allegations who receive
trauma-informed training on the dynamics, signs, and impacts of child abuse, child sexual abuse,
and intimate partner violence will help protect and minimize risk of harm to the child.
(2) As used in this section, unless the context otherwise requires:
(a) "Accused party" means a parent in a case to determine parental responsibilities who
has been accused of domestic violence or child abuse, including child sexual abuse.
(b) "Protective party" means a parent in a case to determine parental responsibilities who
is competent, protective, not sexually or physically abusive, and with whom a child is bonded or
attached.
(c) "Reunification treatment" means a treatment or therapy aimed at reuniting or
reestablishing a relationship between a child and an estranged or rejected parent or other family
member of the child.
(d) "Task force" means the task force to study victim and survivor awareness and
responsiveness training requirements for judicial personnel created in section 24-33.5-534, as
enacted in House Bill 23-1108.
(e) "Victim service provider" means a nonprofit, nongovernmental or tribal organization
or rape crisis center, including of a state or tribal nation, that is subject to section 13-90-107
(1)(k)(I) and assists or advocates for domestic violence, dating violence, sexual assault, or
stalking victims, including domestic violence shelters, faith-based organizations, and other
Colorado Revised Statutes 2023 Uncertified PrintoutPage 154 of 247
organizations with a documented history of effective work concerning domestic violence, dating
violence, sexual assault, or stalking.
(3) (a) In all proceedings brought pursuant to this title 14 concerning the allocation of
parental responsibilities with respect to a child in which a claim of domestic violence or child
abuse, including child sexual abuse, has been made to the court, or the court has reason to
believe that a party has committed domestic violence or child abuse, including child sexual
abuse, the court shall:
(I) Consider the admission of expert testimony and evidence if the expert demonstrates
expertise and experience working with victims of domestic violence or child abuse, including
child sexual abuse, that is not solely forensic in nature; and
(II) Consider evidence of past sexual or physical abuse committed by the accused party,
including:
(A) Any past or current protection or restraining orders against the accused party,
including protection or restraining orders that raise sexual violence or abuse;
(B) Arrests of the accused party for domestic violence, sexual violence, or child abuse;
(C) Convictions of the accused party for domestic violence, sexual violence, or child
abuse; or
(D) Other documentation, including letters from a victim advocate or victim service
provider, if the victim has consented pursuant to section 13-90-107 (1)(k)(I); medical records; or
a letter to a landlord to break a lease.
(b) In determining allocation of parental responsibilities in proceedings brought pursuant
to this title 14 in which a claim of domestic violence or child abuse, including child sexual
abuse, has been made to the court, or the court has reason to believe that a party has committed
domestic violence or child abuse, including child sexual abuse, a court shall not:
(I) Remove a child from a protective party solely to improve a deficient relationship with
an accused party;
(II) Restrict contact between a child and a protective party solely to improve a deficient
relationship with an accused party;
(III) Order reunification treatment, unless there is generally accepted and scientifically
valid proof of the safety, effectiveness, and therapeutic value of the reunification treatment; or
(IV) Order reunification treatment that is predicated on cutting off the relationship
between a child and protective party.
(c) If a court issues an order to remediate the resistance of a child to have contact with an
accused party, the order must primarily address the behavior of the accused party, who shall
accept responsibility for the accused party's actions that negatively affected the accused party's
relationship with the child, and a mental health professional approved by the domestic violence
offender management board shall verify the accused party's behavior before the court orders a
protective party to take steps to improve the relationship with the accused party.
(d) In compliance with the federal "Keeping Children Safe From Family Violence Act",
34 U.S.C. sec. 10446, as amended, any neutral professional appointed by a court to express an
opinion relating to abuse, trauma, or the behaviors of victims and perpetrators of abuse and
Colorado Revised Statutes 2023 Uncertified PrintoutPage 155 of 247
trauma during a proceeding to allocate parental responsibilities shall possess demonstrated
expertise and experience in working with victims of domestic violence or child abuse, including
child sexual abuse, that is not solely of a forensic nature.
(4) (a) The task force shall study the training requirements in the federal "Keeping
Children Safe From Family Violence Act", 34 U.S.C. sec. 10446, as amended, and make
recommendations that comply with the federal requirements for any judge or magistrate who
presides over parental responsibility proceedings. The task force shall focus on the following:
(I) The hourly training requirements described in subsection (5)(a) of this section;
(II) The recognition of domestic violence and child abuse described in subsection (5)(b)
of this section; and
(III) The requirements of a professional trainer to lead the training described in
subsections (6)(a) and (6)(b) of this section.
(b) The training must be designed to improve the courts' ability to recognize domestic
violence and child abuse in parental allocation proceedings as described in subsection (6)(c) of
this section.
(5) (a) Child and family investigators, as described in section 14-10-116.5, parental
responsibilities evaluators, as described in section 14-10-127, who are involved in parental
responsibility proceedings, and legal representatives of children described in section 14-10-113
who do not contract with the office of the child's representative, shall complete:
(I) No less than twenty hours of initial training; and
(II) No less than fifteen hours of ongoing training every five years.
(b) The required training set forth in subsection (5)(a) of this section must focus on
domestic violence and child abuse, including:
(I) Child sexual abuse;
(II) Physical abuse;
(III) Emotional abuse;
(IV) Coercive control;
(V) Implicit and explicit bias, including biases relating to parties with disabilities;
(VI) Trauma;
(VII) Long-term and short-term impacts of domestic violence and child abuse on
children; and
(VIII) Victim and perpetrator behavioral patterns and relationship dynamics within the
cycle of violence.
(c) (I) For each fiscal year, the office of the child's representative shall report to the state
court administrator a list of trainings on domestic violence and child abuse that the office of the
child's representative provides.
(II) Special masters and mediators who are involved in parental responsibility
proceedings pursuant to this title 14 shall report to the state court administrator the existing
training on domestic violence and child abuse and the hours of training completed.
(6) (a) A professional trainer shall conduct the required training set forth in subsection
(5) of this section. The professional trainer shall have substantial experience in assisting
Colorado Revised Statutes 2023 Uncertified PrintoutPage 156 of 247
survivors of domestic violence or child abuse. A professional trainer may include a professional
representing a victim service provider.
(b) The professional trainer described in subsection (6)(a) of this section shall rely on
evidence-based and peer-reviewed research conducted by recognized experts or research
conducted in the field by recognized domestic violence victim advocates that focuses on the
types of abuse described in subsection (5)(b) of this section and shall not include theories,
concepts, or belief systems in the required training that are not supported by evidence-based and
peer-reviewed research or research conducted in the field by recognized domestic violence
victim advocates.
(c) The required training must be designed to improve the ability of courts to:
(I) Recognize and respond to child physical abuse, child sexual abuse, domestic
violence, and trauma in all family victims, particularly children; and
(II) Make appropriate custody decisions that prioritize child safety and well-being and
that are culturally sensitive and appropriate for diverse communities.
(7) As soon as possible after July 1, 2023, the judicial branch shall apply to the federal
department of justice's office of the attorney general for a grant increase in compliance with the
federal "Keeping Children Safe From Family Violence Act", 34 U.S.C. sec. 10446, as amended.
Source: L. 2023: Entire section added, (HB 23-1178), ch. 266, p. 1578, § 1, effective
May 25.
Editor's note: Section 4 of chapter 266 (HB 23-1178), Session Laws of Colorado 2023,
provides that the act adding section 14-10-127.5 (2)(d) and (4) take effect only if HB 23-1108
becomes law and take effect either upon the effective date of HB 23-1178 or HB 23-1108,
whichever is later. Both HB 23-1108 and HB 23-1178 became law and took effect May 25,
2023.
14-10-128. Hearings. (1) Proceedings concerning the allocation of parental
responsibilities with respect to a child shall receive priority in being set for hearing.
(2) The court may tax as costs the payment of necessary travel and other expenses
incurred by any person whose presence at the hearing the court deems necessary to determine the
best interests of the child.
(3) The court without a jury shall determine questions of law and fact. If it finds that a
public hearing may be detrimental to the child's best interests, the court may exclude the public
from a hearing concerning the allocation of parental responsibilities but may admit any person
who has a direct and legitimate interest in the particular case or a legitimate educational or
research interest in the work of the court.
(4) If the court finds it necessary in order to protect the child's welfare that the record of
any interview, report, investigation, or testimony in a proceeding concerning the allocation of
parental responsibilities be kept secret, the court shall make an appropriate order sealing the
record.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 157 of 247
Source: L. 71: R&RE, p. 531, § 1. C.R.S. 1963: § 46-1-28. L. 98: (1), (3), and (4)
amended, p. 1386, § 14, effective February 1, 1999.
14-10-128.1. Appointment of parenting coordinator - disclosure. (1) Pursuant to the
provisions of this section, at any time after the entry of an order concerning parental
responsibilities and upon notice to the parties, the court may, on its own motion, a motion by
either party, or an agreement of the parties, appoint a parenting coordinator as a neutral third
party to assist in the resolution of disputes between the parties concerning parental
responsibilities, including but not limited to implementation of the court-ordered parenting plan.
The parenting coordinator shall be a neutral person with appropriate training and qualifications
and an independent perspective acceptable to the court. Within seven days after the appointment,
the appointed person shall comply with the disclosure provisions of subsection (2.5) of this
section.
(2) (a) Absent agreement of the parties, a court shall not appoint a parenting coordinator
unless the court makes the following findings:
(I) That the parties have failed to adequately implement the parenting plan;
(II) That mediation has been determined by the court to be inappropriate, or, if not
inappropriate, that mediation has been attempted and was unsuccessful; and
(III) That the appointment of a parenting coordinator is in the best interests of the child
or children involved in the parenting plan.
(b) In addition to making the findings required pursuant to paragraph (a) of this
subsection (2), prior to appointing a parenting coordinator, the court may consider the effect of
any claim or documented evidence of domestic violence, as defined in section 14-10-124
(1.3)(a), by the other party on the parties' ability to engage in parent coordination.
(2.5) (a) Within seven days after his or her appointment, the appointed person shall
disclose to each party, attorneys of record, and the court any familial, financial, or social
relationship that the appointed person has or has had with the child, either party, the attorneys of
record, or the judicial officer and, if a relationship exists, the nature of the relationship.
(b) Based on the disclosure required pursuant to paragraph (a) of this subsection (2.5),
the court may, in its discretion, terminate the appointment and appoint a different person in the
proceedings. A party has seven days from the date of the disclosure to object to the appointment
based upon information contained in the disclosure. If a party objects to the appointment, the
court shall appoint a different person or confirm the appointment within seven days after the date
of the party's objection. If no party timely objects to the appointment, then the appointment is
deemed confirmed.
(3) A parenting coordinator shall assist the parties in implementing the terms of the
parenting plan. Duties of a parenting coordinator include, but are not limited to, the following:
(a) Assisting the parties in creating an agreed-upon, structured guideline for
implementation of the parenting plan;
(b) Developing guidelines for communication between the parties and suggesting
appropriate resources to assist the parties in learning appropriate communication skills;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 158 of 247
(c) Informing the parties about appropriate resources to assist them in developing
improved parenting skills;
(d) Assisting the parties in realistically identifying the sources and causes of conflict
between them, including but not limited to identifying each party's contribution to the conflict,
when appropriate; and
(e) Assisting the parties in developing parenting strategies to minimize conflict.
(4) (a) The court may not appoint a person pursuant to this section to serve in a case as a
parenting coordinator if the person has served or is serving in the same case as an evaluator
pursuant to section 14-10-127 or a representative of the child pursuant to section 14-10-116.
After appointing a person pursuant to this section to serve as a parenting coordinator in a case,
the court may not subsequently appoint the person to serve in the same case as an evaluator
pursuant to section 14-10-127 or a representative of the child pursuant to section 14-10-116.
(b) The court may appoint a person who has served or is serving in a case as a child and
family investigator pursuant to section 14-10-116.5 to serve in the same case as the parenting
coordinator, upon the agreement of the parties. After appointing a person pursuant to this section
to serve as a parenting coordinator in a case, the court may not subsequently appoint the person
to serve as a child and family investigator in the same case pursuant to section 14-10-116.5.
(5) A court order appointing a parenting coordinator shall be for a specified term; except
that the court order shall not appoint a parenting coordinator for a period of longer than two
years. If an order fails to specify the length of the court-ordered appointment, it shall be
construed to be two years from the date of appointment. Upon agreement of the parties, the court
may extend, modify, or terminate the appointment, including extending the appointment beyond
two years from the date of the original appointment. The court may terminate the appointment of
the parenting coordinator at any time for good cause. The court shall allow the parenting
coordinator to withdraw at any time.
(6) A court order appointing a parenting coordinator shall include apportionment of the
responsibility for payment of all of the parenting coordinator's fees between the parties. The state
shall not be responsible for payment of fees to a parenting coordinator appointed pursuant to this
section.
(7) (a) A parenting coordinator appointed by the court pursuant to this section shall be
immune from civil liability in any claim for injury that arises out of an act or omission of the
parenting coordinator occurring on or after April 16, 2009, during the performance of his or her
duties or during the performance of any act that a reasonable parenting coordinator would
believe was within the scope of his or her duties unless the act or omission causing the injury
was willful and wanton.
(b) Nothing in this subsection (7) shall be construed to bar a party from asserting a
claim:
(I) Based upon a parenting coordinator's failure to comply with the provision set forth in
subsection (8) of this section;
(II) Related to the reasonableness or accuracy of any fee charged or time billed by a
parenting coordinator; or
Colorado Revised Statutes 2023 Uncertified PrintoutPage 159 of 247
(III) Based upon a negligent act or omission involving the operation of a motor vehicle
by a parenting coordinator.
(c) (I) In a judicial proceeding, administrative proceeding, or other similar proceeding
between the parties to the action, a parenting coordinator shall not be competent to testify and
may not be required to produce records as to any statement, conduct, or decision that occurred
during the parenting coordinator's appointment to the same extent as a judge of a court of this
state acting in a judicial capacity.
(II) This paragraph (c) shall not apply:
(A) To the extent testimony or production of records by the parenting coordinator is
necessary to determine a claim of the parenting coordinator against a party; or
(B) To the extent testimony or production of records by the parenting coordinator is
necessary to determine a claim of a party against a parenting coordinator; or
(C) When both parties have agreed, in writing, to authorize the parenting coordinator to
testify.
(d) If a person commences a civil action against a parenting coordinator arising from the
services of the parenting coordinator, or if a person seeks to compel a parenting coordinator to
testify or produce records in violation of paragraph (c) of this subsection (7), and the court
determines that the parenting coordinator is immune from civil liability or that the parenting
coordinator is not competent to testify, the court shall award to the parenting coordinator
reasonable attorney fees and reasonable expenses of litigation.
(8) The parenting coordinator shall comply with any applicable provisions set forth in
chief justice directives and any other practice or ethical standards established by rule, statute,
guideline, or licensing board that regulates the parenting coordinator.
Source: L. 2005: Entire section added, p. 952, § 1, effective June 2; (4)(b) amended, p.
963, § 11, effective July 1. L. 2009: (7) and (8) amended, (SB 09-069), ch. 121, p. 502, § 1,
effective April 16. L. 2012: (1) and (2)(b) amended and (2.5) added, (SB 12-056), ch. 108, p.
369, § 4, effective July 1.
Cross references: For the legislative declarations contained in the 2005 act amending
subsection (4)(b), see sections 1 and 3 of chapter 244, Session Laws of Colorado 2005.
14-10-128.3. Appointment of decision-maker - disclosure. (1) In addition to the
appointment of a parenting coordinator pursuant to section 14-10-128.1 or an arbitrator pursuant
to section 14-10-128.5, at any time after the entry of an order concerning parental
responsibilities and upon written consent of both parties, the court may appoint a qualified
domestic relations decision-maker and grant to the decision-maker binding authority to resolve
disputes between the parties as to implementation or clarification of existing orders concerning
the parties' minor or dependent children, including but not limited to disputes concerning
parenting time, specific disputed parental decisions, and child support. A decision-maker shall
have the authority to make binding determinations to implement or clarify the provisions of a
Colorado Revised Statutes 2023 Uncertified PrintoutPage 160 of 247
pre-existing court order in a manner that is consistent with the substantive intent of the court
order. The decision-maker appointed pursuant to the provisions of this section may be the same
person as the parenting coordinator appointed pursuant to section 14-10-128.1. At the time of the
appointment, the appointed person shall comply with the disclosure provisions of subsection
(4.5) of this section.
(2) The decision-maker's procedures for making determinations shall be in writing and
shall be approved by the parties prior to the time the decision-maker begins to resolve a dispute
of the parties. If a party is unable or unwilling to agree to the decision-maker's procedures, the
decision-maker shall be allowed to withdraw from the matter.
(3) All decisions made by the decision-maker pursuant to this section shall be in writing,
dated, and signed by the decision-maker. Decisions of the decision-maker shall be filed with the
court and mailed to the parties or to counsel for the parties, if any, no later than twenty days after
the date the decision is issued. All decisions shall be effective immediately upon issuance and
shall continue in effect until vacated, corrected, or modified by the decision-maker or until an
order is entered by a court pursuant to a de novo hearing under subsection (4) of this section.
(4) (a) A party may file a motion with the court requesting that a decision of the
decision-maker be modified by the court pursuant to a de novo hearing. A motion for a de novo
hearing shall be filed no later than thirty-five days after the date the decision is issued pursuant
to subsection (3) of this section.
(b) If a court, in its discretion based on the pleadings filed, grants a party's request for a
de novo hearing to modify the decision of the decision-maker and the court substantially upholds
the decision of the decision-maker, the party that requested the de novo hearing shall pay the
fees and costs of the other party and shall pay the fees and costs incurred by the decision-maker
in connection with the request for de novo hearing, unless the court finds that it would be
manifestly unjust.
(4.5) (a) Within seven days after his or her appointment, the appointed person shall
disclose to each party, attorneys of record, and the court any familial, financial, or social
relationship that the appointed person has or has had with the child, either party, the attorneys of
record, or the judicial officer and, if a relationship exists, the nature of the relationship.
(b) Based on the disclosure required pursuant to paragraph (a) of this subsection (4.5),
the court may, in its discretion, terminate the appointment and appoint a different person in the
proceedings. A party has seven days from the date of the disclosure to object to the appointment
based upon information contained in the disclosure. If a party objects to the appointment, the
court shall appoint a different person or confirm the appointment within seven days after the date
of the party's objection. If no party timely objects to the appointment, then the appointment is
deemed confirmed.
(5) A court order appointing a decision-maker shall be for a specified term; except that
the court order shall not appoint a decision-maker for a period of longer than two years. If an
order fails to specify the length of the court-ordered appointment, it shall be construed to be two
years from the date of appointment. Upon agreement of the parties, the court may extend,
modify, or terminate the appointment, including extending the appointment beyond two years
Colorado Revised Statutes 2023 Uncertified PrintoutPage 161 of 247
from the date of the original appointment. The court may terminate the appointment of the
decision-maker at any time for good cause. The court shall allow the decision-maker to withdraw
at any time.
(6) A court order appointing a decision-maker shall include apportionment of the
responsibility for payment of all of the decision-maker's fees between the parties. The state shall
not be responsible for payment of fees to a decision-maker appointed pursuant to this section.
(7) (a) A decision-maker shall be immune from liability in any claim for injury that
arises out of an act or omission of the decision-maker occurring during the performance of his or
her duties or during the performance of an act that the decision-maker reasonably believed was
within the scope of his or her duties unless the act or omission causing such injury was willful
and wanton.
(b) Nothing in this subsection (7) shall be construed to bar a party from asserting a claim
related to the reasonableness or accuracy of any fee charged or time billed by a decision-maker.
(c) (I) In a judicial proceeding, administrative proceeding, or other similar proceeding, a
decision-maker shall not be competent to testify and may not be required to produce records as
to any statement, conduct, or decision, that occurred during the decision-maker's appointment, to
the same extent as a judge of a court of this state acting in a judicial capacity.
(II) This paragraph (c) shall not apply:
(A) To the extent testimony or production of records by the decision-maker is necessary
to determine the claim of the decision-maker against a party; or
(B) To the extent testimony or production of records by the decision-maker is necessary
to determine a claim of a party against a decision-maker; or
(C) When both parties have agreed, in writing, to authorize the decision-maker to testify.
(d) If a person commences a civil action against a decision-maker arising from the
services of the decision-maker, or if a person seeks to compel a decision-maker to testify or
produce records in violation of paragraph (c) of this subsection (7), and the court decides that the
decision-maker is immune from civil liability or that the decision-maker is not competent to
testify, the court shall award to the decision-maker reasonable attorney fees and reasonable
expenses of litigation.
(8) The decision-maker shall comply with any applicable provisions set forth in chief
justice directives and any other practice or ethical standards established by rule, statute, or
licensing board that regulates the decision-maker.
Source: L. 2005: Entire section added, p. 954, § 1, effective June 2. L. 2012: (1)
amended and (4.5) added, (SB 12-056), ch. 108, p. 370, § 5, effective July 1; (4)(a) amended,
(SB 12-175), ch. 208, p. 832, § 31, effective July 1.
14-10-128.5. Appointment of arbitrator - de novo hearing of award. (1) With the
consent of all parties, the court may appoint an arbitrator to resolve disputes between the parties
concerning the parties' minor or dependent children, including but not limited to parenting time,
nonrecurring adjustments to child support, and disputed parental decisions. Notwithstanding any
Colorado Revised Statutes 2023 Uncertified PrintoutPage 162 of 247
other provision of law to the contrary, all awards entered by an arbitrator appointed pursuant to
this section shall be in writing. The arbitrator's award shall be effective immediately upon entry
and shall continue in effect until vacated by the arbitrator pursuant to part 2 of article 22 of title
13, C.R.S., modified or corrected by the arbitrator pursuant to part 2 of article 22 of title 13,
C.R.S., or modified by the court pursuant to a de novo hearing under subsection (2) of this
section.
(2) Any party may apply to have the arbitrator's award vacated, modified, or corrected
pursuant to part 2 of article 22 of title 13, C.R.S., or may move the court to modify the
arbitrator's award pursuant to a de novo hearing concerning such award by filing a motion for
hearing no later than thirty-five days after the date of the award. In circumstances in which a
party moves for a de novo hearing by the court, if the court, in its discretion based on the
pleadings filed, grants the motion and the court substantially upholds the decision of the
arbitrator, the party that requested the de novo hearing shall be ordered to pay the fees and costs
of the other party and the fees of the arbitrator incurred in responding to the application or
motion unless the court finds that it would be manifestly unjust.
Source: L. 97: Entire section added, p. 33, § 2, effective July 1. L. 2004: Entire section
amended, p. 1731, § 3, effective August 4. L. 2005: Entire section amended, p. 956, § 2,
effective June 2. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 833, § 32, effective July 1.
14-10-129. Modification of parenting time. (1) (a) (I) Except as otherwise provided in
subsection (1)(b)(I) of this section, the court may make or modify an order granting or denying
parenting time rights whenever such order or modification would serve the best interests of the
child. The trial court retains continuing jurisdiction to make or modify an order granting or
denying parenting time rights pursuant to this section during the pendency of an appeal.
(II) In those cases in which a party with whom the child resides a majority of the time is
seeking to relocate with the child to a residence that substantially changes the geographical ties
between the child and the other party, the court, in determining whether the modification of
parenting time is in the best interests of the child, shall take into account all relevant factors,
including those enumerated in paragraph (c) of subsection (2) of this section. The party who is
intending to relocate with the child to a residence that substantially changes the geographical ties
between the child and the other party shall provide the other party with written notice as soon as
practicable of his or her intent to relocate, the location where the party intends to reside, the
reason for the relocation, and a proposed revised parenting time plan. A court hearing on any
modification of parenting time due to an intent to relocate shall be given a priority on the court's
docket.
(b) (I) The court shall not restrict a parent's parenting time rights unless it finds that the
parenting time would endanger the child's physical health or significantly impair the child's
emotional development. In addition to a finding that parenting time would endanger the child's
physical health or significantly impair the child's emotional development, in any order imposing
or continuing a parenting time restriction, the court shall enumerate the specific factual findings
Colorado Revised Statutes 2023 Uncertified PrintoutPage 163 of 247
supporting the restriction. Nothing in this section shall be construed to affect grandparent or
great-grandparent family time granted pursuant to section 14-10-124.4.
(II) The provisions of subparagraph (I) of this paragraph (b) shall not apply in those
cases in which a party with whom the child resides a majority of the time is intending to relocate
with the child to a residence that substantially changes the geographical ties between the child
and the other party.
(1.5) If a motion for a substantial modification of parenting time which also changes the
party with whom the child resides a majority of the time has been filed, whether or not it has
been granted, no subsequent motion may be filed within two years after disposition of the prior
motion unless the court decides, on the basis of affidavits, that the child's present environment
may endanger the child's physical health or significantly impair the child's emotional
development or that the party with whom the child resides a majority of the time is intending to
relocate with the child to a residence that substantially changes the geographical ties between the
child and the other party.
(2) The court shall not modify a prior order concerning parenting time that substantially
changes the parenting time as well as changes the party with whom the child resides a majority
of the time unless it finds, upon the basis of facts that have arisen since the prior decree or that
were unknown to the court at the time of the prior decree, that a change has occurred in the
circumstances of the child or the party with whom the child resides the majority of the time and
that the modification is necessary to serve the best interests of the child. In applying these
standards, the court shall retain the parenting time schedule established in the prior decree
unless:
(a) The parties agree to the modification; or
(b) The child has been integrated into the family of the moving party with the consent of
the other party; or
(c) The party with whom the child resides a majority of the time is intending to relocate
with the child to a residence that substantially changes the geographical ties between the child
and the other party. A court hearing on any modification of parenting time due to an intent to
relocate shall be given a priority on the court's docket. In determining whether the modification
of parenting time is in the best interests of the child, the court shall take into account all relevant
factors, including whether a party has committed an act of domestic violence, has engaged in a
pattern of domestic violence, or has a history of domestic violence, as that term is defined in
section 14-10-124 (1.3), which factor shall be supported by a preponderance of the evidence, and
shall consider such domestic violence whether it occurred before or after the prior decree, and all
other factors enumerated in section 14-10-124 (1.5)(a) and:
(I) The reasons why the party wishes to relocate with the child;
(II) The reasons why the opposing party is objecting to the proposed relocation;
(III) The history and quality of each party's relationship with the child since any previous
parenting time order;
(IV) The educational opportunities for the child at the existing location and at the
proposed new location;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 164 of 247
(V) The presence or absence of extended family at the existing location and at the
proposed new location;
(VI) Any advantages of the child remaining with the primary caregiver;
(VII) The anticipated impact of the move on the child;
(VIII) Whether the court will be able to fashion a reasonable parenting time schedule if
the change requested is permitted; and
(IX) Any other relevant factors bearing on the best interests of the child; or
(d) The child's present environment endangers the child's physical health or significantly
impairs the child's emotional development and the harm likely to be caused by a change of
environment is outweighed by the advantage of a change to the child.
(2.5) (a) When the court restricts a party's parenting time pursuant to section 19-5-105.5,
C.R.S., or section 19-5-105.7, C.R.S., or section 14-10-124 (4)(a)(IV), the court may make or
modify an order granting or denying parenting time rights whenever such order or modification
would serve the best interests of the child. Within thirty-five days after the filing of a verified
motion by the restricted party seeking a modification of parenting time, the court shall determine
from the verified motion, and response to the motion, if any, whether there has been a substantial
and continuing change of circumstances such that the current parenting time orders are no longer
in the child's best interests, including consideration of whether the restricted parent has
satisfactorily complied with any conditions set forth by the court when the court imposed the
restrictions on parenting time, and either:
(I) Deny the motion, if there is an inadequate allegation; or
(II) Set the matter for hearing as expeditiously as possible with notice to the parties of
the time and place of the hearing.
(b) If the court finds that the filing of a motion under paragraph (a) of this subsection
(2.5) was substantially frivolous, substantially groundless, substantially vexatious, or intended to
harass or intimidate the other party, the court shall require the moving party to pay the
reasonable and necessary attorney fees and costs of the other party.
(3) (a) If a parent has been convicted of any of the crimes listed in paragraph (b) of this
subsection (3) or convicted in another state or jurisdiction, including but not limited to a military
or federal jurisdiction, of an offense that, if committed in Colorado, would constitute any of the
crimes listed in paragraph (b) of this subsection (3), or convicted of any crime in which the
underlying factual basis has been found by the court on the record to include an act of domestic
violence, as defined in section 18-6-800.3 (1), C.R.S., that constitutes a potential threat or
endangerment to the child, the other parent, or any other person who has been granted custody of
or parental responsibility for the child pursuant to court order may file an objection to parenting
time with the court. The other parent or other person having custody or parental responsibility
shall give notice to the offending parent of such objection as provided by the Colorado rules of
civil procedure, and the offending parent shall have twenty-one days from such notice to
respond. If the offending parent fails to respond within twenty-one days, the parenting time
rights of such parent shall be suspended until further order of the court. If such parent responds
and objects, a hearing shall be held within thirty-five days of such response. The court may
Colorado Revised Statutes 2023 Uncertified PrintoutPage 165 of 247
determine that any offending parent who responds and objects shall be responsible for the costs
associated with any hearing, including reasonable attorney fees incurred by the other parent. In
making such determination, the court shall consider the criminal record of the offending parent
and any actions to harass the other parent and the children, any mitigating actions by the
offending parent, and whether the actions of either parent have been substantially frivolous,
substantially groundless, or substantially vexatious. The offending parent shall have the burden
at the hearing to prove that parenting time by such parent is in the best interests of the child or
children.
(b) The provisions of paragraph (a) of this subsection (3) shall apply to the following
crimes:
(I) Murder in the first degree, as defined in section 18-3-102, C.R.S.;
(II) Murder in the second degree, as defined in section 18-3-103, C.R.S.;
(III) Enticement of a child, as defined in section 18-3-305, C.R.S.;
(IV) (A) Sexual assault, as described in section 18-3-402, C.R.S.; and
(B) Sexual assault in the first degree, as described in section 18-3-402, C.R.S., as it
existed prior to July 1, 2000;
(V) Sexual assault in the second degree, as described in section 18-3-403, C.R.S., as it
existed prior to July 1, 2000;
(VI) (A) Unlawful sexual contact if the victim is compelled to submit, as described in
section 18-3-404 (2), C.R.S.; and
(B) Sexual assault in the third degree if the victim is compelled to submit, as described
in section 18-3-404 (2), C.R.S., as it existed prior to July 1, 2000;
(VII) Sexual assault on a child, as defined in section 18-3-405, C.R.S.;
(VIII) Incest, as described in section 18-6-301, C.R.S.;
(IX) Aggravated incest, as described in section 18-6-302, C.R.S.;
(X) Child abuse, as described in section 18-6-401 (7)(a)(I) to (7)(a)(IV), C.R.S.;
(XI) Human trafficking of a minor for sexual servitude, as described in section 18-3-504
(2), C.R.S.;
(XII) Sexual exploitation of children, as defined in section 18-6-403, C.R.S.;
(XIII) Procurement of a child for sexual exploitation, as defined in section 18-6-404,
C.R.S.;
(XIV) Soliciting for child prostitution, as defined in section 18-7-402, C.R.S.;
(XV) Pandering of a child, as defined in section 18-7-403, C.R.S.;
(XVI) Procurement of a child, as defined in section 18-7-403.5, C.R.S.;
(XVII) Keeping a place of child prostitution, as defined in section 18-7-404, C.R.S.;
(XVIII) Pimping of a child, as defined in section 18-7-405, C.R.S.;
(XIX) Inducement of child prostitution, as defined in section 18-7-405.5, C.R.S.;
(XX) Patronizing a prostituted child, as defined in section 18-7-406, C.R.S.
(c) If the party was convicted in another state or jurisdiction of an offense that, if
committed in Colorado, would constitute an offense listed in subparagraphs (III) to (XX) of
paragraph (b) of this subsection (3), the court shall order that party to submit to a
Colorado Revised Statutes 2023 Uncertified PrintoutPage 166 of 247
sex-offense-specific evaluation and a parental risk assessment in Colorado and the court shall
consider the recommendations of the evaluation and the assessment in any order the court makes
relating to parenting time or parental contact. The convicted party shall pay for the costs of the
evaluation and the assessment.
(4) A motion to restrict parenting time or parental contact with a parent which alleges
that the child is in imminent physical or emotional danger due to the parenting time or contact by
the parent shall be heard and ruled upon by the court not later than fourteen days after the day of
the filing of the motion. Any parenting time which occurs during such fourteen-day period after
the filing of such a motion shall be supervised by an unrelated third party deemed suitable by the
court or by a licensed mental health professional, as defined in section 14-10-127 (1)(b). This
subsection (4) shall not apply to any motion which is filed pursuant to subsection (3) of this
section.
(5) If the court finds that the filing of a motion under subsection (4) of this section was
substantially frivolous, substantially groundless, or substantially vexatious, the court shall
require the moving party to pay the reasonable and necessary attorney fees and costs of the other
party.
Source: L. 71: R&RE, p. 531, § 1. C.R.S. 1963: § 46-1-29. L. 73: p. 554, § 11. L. 88:
(3) added, p. 643, § 1, effective March 15. L. 89: (4) and (5) added, p. 803, § 2, effective April
27. L. 90: (3)(a) amended, p. 902, § 1, effective March 16. L. 91: (2) amended, p. 261, § 2,
effective May 31. L. 93: (1), (2), (3)(a), and (4) amended, p. 578, § 11, effective July 1. L. 98:
(1), (2), and (3)(a) amended and (1.5) added, p. 1387, § 15, effective February 1, 1999. L. 2000:
(3)(b)(IV), (3)(b)(V), and (3)(b)(VI) amended, p. 701, § 21, effective July 1. L. 2001: (1), (1.5),
and (2) amended, p. 761, § 1, effective September 1. L. 2008: (3)(a) amended and (3)(c) added,
p. 1636, § 1, effective May 29. L. 2010: (3)(b)(XI) amended, (SB 10-140), ch. 156, p. 537, § 3,
effective April 21; IP(2)(c) amended, (HB 10-1135), ch. 87, p. 291, § 2, effective July 1. L.
2012: (3)(a) amended, (SB 12-175), ch. 208, p. 833, § 33, effective July 1. L. 2013: IP(2)(c) and
(4) amended, (HB 13-1259), ch. 218, p. 1000, § 4, effective July 1; (1)(b)(I) amended, (HB
13-1243), ch. 124, p. 418, § 2, effective August 7. L. 2014: (1)(b)(I) amended, (HB 14-1362),
ch. 374, p. 1789, § 4, effective June 6; (2.5) added, (HB 14-1162), ch. 167, p. 594, § 8, effective
July 1; (3)(b)(XI) amended, (HB 14-1273), ch. 282, p. 1152, § 9, effective July 1. L. 2021:
(1)(a)(I) amended, (HB 21-1031), ch. 116, p. 450, § 3, effective May 7. L. 2023: (1)(b)(I)
amended, (HB 23-1026), ch. 243, p. 1306, § 3, effective August 7.
Editor's note: Section 8 of chapter 116 (HB 21-1031), Session Laws of Colorado 2021,
provides that the act changing this section applies to any request to modify an order appealed on,
after, or before May 7, 2021.
Cross references: For the legislative declaration contained in the 1993 act amending
subsections (1), (2), (3)(a), and (4), see section 1 of chapter 165, Session Laws of Colorado
1993. For the legislative declaration in HB 21-1031, see section 1 of chapter 116, Session Laws
Colorado Revised Statutes 2023 Uncertified PrintoutPage 167 of 247
of Colorado 2021. For the short title ("Grandparents' Rights for Aaliyah and Myah Act") in HB
23-1026, see section 1 of chapter 243, Session Laws of Colorado 2023.
14-10-129.5. Disputes concerning parenting time. (1) Within thirty-five days after the
filing of a verified motion by either parent or upon the court's own motion alleging that a parent
is not complying with a parenting time order or schedule and setting forth the possible sanctions
that may be imposed by the court, the court shall determine from the verified motion, and
response to the motion, if any, whether there has been or is likely to be substantial or continuing
noncompliance with the parenting time order or schedule and either:
(a) Deny the motion, if there is an inadequate allegation; or
(b) Set the matter for hearing with notice to the parents of the time and place of the
hearing as expeditiously as possible; or
(c) Require the parties to seek mediation and report back to the court on the results of the
mediation within sixty-three days. Mediation services shall be provided in accordance with
section 13-22-305, C.R.S. At the end of the mediation period, the court may approve an
agreement reached by the parents or shall set the matter for hearing.
(2) After the hearing, if a court finds that a parent has not complied with the parenting
time order or schedule and has violated the court order, the court, in the best interests of the
child, shall issue an order that may include but not be limited to one or more of the following
orders:
(a) An order imposing additional terms and conditions that are consistent with the court's
previous order; except that the court shall separate the issues of child support and parenting time
and shall not condition child support upon parenting time;
(b) An order modifying the previous order to meet the best interests of the child;
(b.3) An order requiring either parent or both parents to attend a parental education
program as described in section 14-10-123.7, at the expense of the noncomplying parent;
(b.7) An order requiring the parties to participate in family counseling pursuant to
section 13-22-313, C.R.S., at the expense of the noncomplying parent;
(c) An order requiring the violator to post bond or security to insure future compliance;
(d) An order requiring that makeup parenting time be provided for the aggrieved parent
or child under the following conditions:
(I) That such parenting time is of the same type and duration of parenting time as that
which was denied, including but not limited to parenting time during weekends, on holidays, and
on weekdays and during the summer;
(II) That such parenting time is made up within six months after the noncompliance
occurs, unless the period of time or holiday can not be made up within six months in which case
the parenting time shall be made up within one year after the noncompliance occurs;
(III) That such parenting time takes place at the time and in the manner chosen by the
aggrieved parent if it is in the best interests of the child;
(e) An order finding the parent who did not comply with the parenting time schedule in
contempt of court and imposing a fine or jail sentence;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 168 of 247
(e.5) An order imposing on the noncomplying parent a civil fine not to exceed one
hundred dollars per incident of denied parenting time;
(f) An order scheduling a hearing for modification of the existing order concerning
custody or the allocation of parental responsibilities with respect to a motion filed pursuant to
section 14-10-131;
(g) (Deleted by amendment, L. 97, p. 970, § 1, effective August 6, 1997.)
(h) Any other order that may promote the best interests of the child or children involved.
(3) Any civil fines collected as a result of an order entered pursuant to paragraph (e.5) of
subsection (2) of this section shall be transmitted to the state treasurer, who shall credit the same
to the dispute resolution fund created in section 13-22-310, C.R.S.
(4) In addition to any other order entered pursuant to subsection (2) of this section, the
court shall order a parent who has failed to provide court-ordered parenting time or to exercise
court-ordered parenting time to pay to the aggrieved party, attorney's fees, court costs, and
expenses that are associated with an action brought pursuant to this section. In the event the
parent responding to an action brought pursuant to this section is found not to be in violation of
the parenting time order or schedule, the court may order the petitioning parent to pay the court
costs, attorney fees, and expenses incurred by such responding parent. Nothing in this section
shall preclude a party's right to a separate and independent legal action in tort.
Source: L. 87: Entire section added, p. 578, § 1, effective July 1. L. 93: IP(1) and (2)
amended, p. 579, § 12, effective July 1. L. 97: Entire section amended, p. 970, § 1, effective
August 6. L. 98: IP(2) and (2)(f) amended, p. 1388, § 16, effective February 1, 1999. L. 2012:
IP(1) and (1)(c) amended, (SB 12-175), ch. 208, p. 833, § 34, effective July 1.
Cross references: For the legislative declaration contained in the 1993 act amending the
introductory portion to subsection (1) and subsection (2), see section 1 of chapter 165, Session
Laws of Colorado 1993.
14-10-130. Judicial supervision. (1) Except as otherwise agreed by the parties in
writing at the time of the decree concerning the allocation of parental responsibilities with
respect to a child, the person or persons with responsibility for decision-making may determine
the child's upbringing, including his or her education, health care, and religious training, unless
the court, after hearing and upon motion by the other party, finds that, in the absence of a
specific limitation of the person's or persons' decision-making authority, the child's physical
health would be endangered or the child's emotional development significantly impaired.
(2) If both parties or all contestants agree to the order or if the court finds that in the
absence of the order the child's physical health would be endangered or the child's emotional
development significantly impaired, the court may order the county or district welfare
department to exercise continuing supervision over the case to assure that the terms relating to
the allocation of parental responsibilities with respect to the child or parenting time terms of the
decree are carried out.
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Source: L. 71: R&RE, p. 531, § 1. C.R.S. 1963: § 46-1-30. L. 93: (2) amended, p. 580,
§ 13, effective July 1. L. 98: Entire section amended, p. 1388, § 17, effective February 1, 1999.
L. 2015: (2) amended, (SB 15-099), ch. 99, p. 289, § 2, effective August 5.
Cross references: For the legislative declaration contained in the 1993 act amending
subsection (2), see section 1 of chapter 165, Session Laws of Colorado 1993.
14-10-131. Modification of custody or decision-making responsibility. (1) If a motion
for modification of a custody decree or a decree allocating decision-making responsibility has
been filed, whether or not it was granted, no subsequent motion may be filed within two years
after disposition of the prior motion unless the court decides, on the basis of affidavits, that there
is reason to believe that a continuation of the prior decree of custody or order allocating
decision-making responsibility may endanger the child's physical health or significantly impair
the child's emotional development.
(2) The court shall not modify a custody decree or a decree allocating decision-making
responsibility unless it finds, upon the basis of facts that have arisen since the prior decree or that
were unknown to the court at the time of the prior decree, that a change has occurred in the
circumstances of the child or the child's custodian or party to whom decision-making
responsibility was allocated and that the modification is necessary to serve the best interests of
the child. The trial court retains jurisdiction to modify an order allocating decision-making
responsibility pursuant to this section during the pendency of an appeal. In applying these
standards, the court shall retain the allocation of decision-making responsibility established by
the prior decree unless:
(a) The parties agree to the modification;
(b) The child has been integrated into the family of the petitioner with the consent of the
other party and such situation warrants a modification of the allocation of decision-making
responsibilities;
(b.5) There has been a modification in the parenting time order pursuant to section
14-10-129, that warrants a modification of the allocation of decision-making responsibilities;
(b.7) A party has consistently consented to the other party making individual decisions
for the child which decisions the party was to make individually or the parties were to make
mutually; or
(c) The retention of the allocation of decision-making responsibility would endanger the
child's physical health or significantly impairs the child's emotional development and the harm
likely to be caused by a change of environment is outweighed by the advantage of a change to
the child.
Source: L. 71: R&RE, p. 532, § 1. C.R.S. 1963: § 46-1-31. L. 83: (1) and IP(2)
amended, p. 648, § 5, effective June 10. L. 98: Entire section amended, p. 1389, § 18, effective
February 1, 1999. L. 2021: IP(2) amended, (HB 21-1031), ch. 116, p. 450, § 4, effective May 7.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 170 of 247
Editor's note: Section 8 of chapter 116 (HB 21-1031), Session Laws of Colorado 2021,
provides that the act changing this section applies to any request to modify an order appealed on,
after, or before May 7, 2021.
Cross references: (1) For the "Uniform Child-custody Jurisdiction and Enforcement
Act", see article 13 of this title 14.
(2) For the legislative declaration in HB 21-1031, see section 1 of chapter 116, Session
Laws of Colorado 2021.
14-10-131.3. Modification of the allocation of parental responsibilities and parenting
time based upon military service - legislative declaration - definitions. (Repealed)
Source: L. 2008: Entire section added, p. 331, § 1, effective August 5. L. 2013: Entire
section repealed, (HB 13-1200), ch. 174, p. 624, § 1, effective May 10.
14-10-131.5. Joint custody modification - termination. (Repealed)
Source: L. 83: Entire section added, p. 646, § 2, effective June 10. L. 98: Entire section
repealed, p. 1390, § 19, effective February 1, 1999.
14-10-131.7. Designation of custody for the purpose of other state and federal
statutes. For purposes of all other state and federal statutes that require a designation or
determination of custody, the parenting plan set forth in the court's order shall identify the
responsibilities of each of the parties.
Source: L. 98: Entire section added, p. 1390, § 20, effective February 1, 1999.
14-10-131.8. Construction of 1999 revisions. The enactment of the 1999 revisions to
this article 10 does not constitute substantially changed circumstances for the purposes of
modifying decrees involving child custody, parenting time, or grandparent or great-grandparent
family time. Any action to modify any decree involving child custody, parenting time,
grandparent or great-grandparent family time, or a parenting plan is governed by the provisions
of this article 10.
Source: L. 98: Entire section added, p. 1390, § 20, effective February 1, 1999. L. 2014:
Entire section amended, (HB 14-1362), ch. 374, p. 1789, § 5, effective June 6. L. 2023: Entire
section amended, (HB 23-1026), ch. 243, p. 1306, § 4, effective August 7.
Cross references: For the short title ("Grandparents' Rights for Aaliyah and Myah Act")
in HB 23-1026, see section 1 of chapter 243, Session Laws of Colorado 2023.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 171 of 247
14-10-132. Affidavit practice. A party seeking the modification of a custody decree or a
decree concerning the allocation of parental responsibilities shall submit, together with his or her
moving papers, an affidavit setting forth facts supporting the requested modification and shall
give notice, together with a copy of his or her affidavit, to other parties to the proceeding, who
may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause
for hearing the motion is established by the affidavits, in which case it shall set a date for hearing
on an order to show cause why the requested modification should not be granted.
Source: L. 71: R&RE, p. 532, § 1. C.R.S. 1963: § 46-1-32. L. 84: Entire section
amended, p. 479, § 2, effective March 16. L. 98: Entire section amended, p. 1390, § 21, effective
February 1, 1999.
14-10-133. Effective date - applicability. This article shall take effect January 1, 1972,
and shall apply only to actions affected by this article which are commenced on or after such
date; all such actions commenced prior to said date shall be governed by the laws then in effect.
Source: L. 71: p. 532, § 3. C.R.S. 1963: § 46-1-33.
ARTICLE 10.5
Parenting Time Enforcement Act
14-10.5-101. Short title. This article shall be known and may be cited as the "Colorado
Parenting Time Enforcement Act".
Source: L. 97: Entire article added, p. 972, § 2, effective August 6.
14-10.5-102. Legislative declaration. (1) The general assembly finds and declares that
in most situations it is important to the healthy development of children that the children spend
quality time with both parents. The general assembly further finds that due to dissolution of
marriage, legal separation, and children born to single parents, families are often divided. As a
result, many children do not have the opportunity to spend the time with both parents that a court
may have determined is in their best interests.
(2) The general assembly further finds that the federal "Personal Responsibility and
Work Opportunity Reconciliation Act of 1996", Public Law 104-193, allows states to seek grants
of federal funds for the establishment and administration of programs and to support and
facilitate children's access to time with their noncustodial parent.
(3) It is the purpose of this article to enhance children's opportunities for access to their
parent with whom the child does not reside the majority of the time pursuant to court order in
compliance with any orders entered in that regard. To that end, the general assembly hereby
determines that it is appropriate for the state to seek the federal grant described in section 391 of
Colorado Revised Statutes 2023 Uncertified PrintoutPage 172 of 247
the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public
Law 104-193, in order to explore alternative methods by which to support and facilitate a child's
access to and time with his or her parent with whom the child does not reside the majority of the
time in contested parenting time proceedings.
Source: L. 97: Entire article added, p. 972, § 2, effective August 6. L. 98: (3) amended,
p. 1400, § 47, effective February 1, 1999. L. 2018: (1) amended, (SB 18-095), ch. 96, p. 754, §
9, effective August 8.
Cross references: For the legislative declaration in SB 18-095, see section 1 of chapter
96, Session Laws of Colorado 2018.
14-10.5-103. Definition. (Repealed)
Source: L. 97: Entire article added, p. 973, § 2, effective August 6. L. 98: Entire section
repealed, p. 1400, § 48, effective February 1, 1999.
14-10.5-104. Parenting time enforcement program - authorization. (1) (a) The
appropriate state agency, as determined by the governor, is hereby authorized to develop a
parenting time enforcement program. The program, if developed, shall comply with all
requirements and restrictions, if any, set forth in federal law or in federal regulation promulgated
by the secretary of the federal department of health and human services and, if in compliance
with federal law and regulation, shall address the enhancement and facilitation of children's
access to the parents with whom such children reside less than the majority of the time by any
one or any combination of the following methods:
(I) Mediation, both voluntary and mandatory;
(II) Family counseling;
(III) Parental education;
(IV) Development of parenting plans;
(V) Parenting time enforcement procedures, including monitored parenting time,
supervised parenting time, or neutral drop-off and pickup locations;
(VI) Parenting time guidelines;
(VII) Alternative arrangements with respect to parental responsibilities.
(b) The parenting time enforcement program, if developed, may be operated on a
statewide basis or on a representative pilot basis.
(2) The selected state agency shall monitor, evaluate, and report on the parenting time
enforcement program, if developed, in accordance with the regulations prescribed by the
secretary of the federal department of health and human services. Such agency shall also
evaluate and report on the effectiveness of the amendments made to section 14-10-129.5, as
contained in House Bill 97-1164.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 173 of 247
Source: L. 97: Entire article added, p. 973, § 2, effective August 6. L. 98: IP(1)(a) and
(1)(a)(VII) amended, p. 1400, § 49, effective February 1, 1999.
ARTICLE 11
Actions Originating in Other
Jurisdictions
14-11-101. Foreign decrees - how handled. (1) Upon the docketing in a court of
competent jurisdiction in this state of exemplified copies of all the written pleadings and court
orders, judgments, and decrees in a case of divorce, separate maintenance, or annulment, or for
support of minor children or a spouse, or for a protection order or other court order issued for the
protection of a party or parties, or for a combination of the same entered in any court of
competent jurisdiction in any other state or jurisdiction having reciprocal provisions for a like
enforcement of orders, judgments, or decrees entered in the state of Colorado and upon obtaining
jurisdiction by personal service of process as provided by the Colorado rules of civil procedure,
said court in this state shall have jurisdiction over the subject matter and of the person in like
manner as if the original suit or action had been commenced in this state, and is empowered to
amend, modify, set aside, and make new orders as the court may find necessary and proper so as
to do justice and equity to all parties to the action according to the public policy of this state, and
has the same right, power, and authority to enter orders for temporary alimony, support money,
and attorney fees as in similar actions originating in this state.
(2) The courts of this state in cases of dissolution of marriage, legal separation, or
declaration of invalidity of marriage, or for support of minor children or a spouse, or for the
protection of a party or parties by means of a protection order, however styled or designated, or
for any combination of the same, where the action originated in this state, have the power to
enforce the decrees, judgments, and orders of other states or jurisdictions made pursuant to
statutes similar to this statute, or to amend the same, or to enter new orders to the same extent
and in the same manner as though such decrees, judgments, and orders were entered in the courts
of this state.
(3) Notwithstanding the provisions of this article, a restraining or protection order issued
by a court of any state, any Indian tribe, or any United States territory shall be enforced pursuant
to section 13-14-110, C.R.S.
(4) Notwithstanding the provisions of this article, a child-custody determination, as that
term is defined in section 14-13-102 (3), issued by a court of another state shall be registered in
accordance with section 14-13-305.
Source: L. 47: pp. 398, 399, §§ 1, 2. CSA: C. 56, § 39. CRS 53: § 46-4-1. C.R.S. 1963:
§ 46-4-1. L. 75: Entire section amended, p. 210, § 26, effective July 16. L. 94: Entire section
amended, p. 2034, § 11, effective July 1. L. 98: (3) added, p. 1235, § 7, effective July 1. L.
2000: (4) added, p. 1538, § 4, effective July 1. L. 2003: (1) and (2) amended, p. 1012, § 18,
Colorado Revised Statutes 2023 Uncertified PrintoutPage 174 of 247
effective July 1. L. 2005: (3) amended, p. 765, § 23, effective June 1. L. 2013: (3) amended,
(HB 13-1259), ch. 218, p. 1016, § 18, effective July 1.
Cross references: For procedure in pleading a foreign judgment or decree, see C.R.C.P.
9(e); for enforcement of foreign judgments, see article 53 of title 13; for the "Uniform
Child-custody Jurisdiction and Enforcement Act", see article 13 of this title 14; for enforcement
of support orders from another state or foreign country, see the "Uniform Interstate Family
Support Act", article 5 of this title 14.
ARTICLE 12
Marriage Counseling
14-12-101. Legislative declaration. It is the declared public policy of this state to
maintain desirable marital and family relations; to promote and foster the marriage relationship
and reconciliation of estranged spouses; and to take reasonable measures to preserve marriages,
particularly where minor children are involved, in the interest of strengthening the family life
foundation of our society, and in reducing the economic and social costs to the state resulting
from broken homes. In furtherance of this policy, it is the purpose of this article to make
competent marriage counseling services available through the district courts of the state to
spouses involved in domestic difficulties.
Source: L. 60: p. 131, § 1. CRS 53: § 46-5-1. C.R.S. 1963: § 46-5-1.
14-12-102. Domestic relations counselor - assistants - term. Subject to the provisions
of section 13-3-105, C.R.S., the chief judge of any judicial district may appoint one or more
domestic relations counselors and such other persons as assistants and clerks as may be deemed
necessary to serve during the pleasure of the appointing power.
Source: L. 60: p. 131, § 1. CRS 53: § 46-5-2. C.R.S. 1963: § 46-5-2. L. 79: Entire
section R&RE, p. 602, § 29, effective July 1. L. 80: Entire section amended, p. 519, § 1,
effective January 29.
14-12-103. Offices - qualifications - salaries. (Repealed)
Source: L. 60: p. 132, § 1. CRS 53: § 46-5-3. C.R.S. 1963: § 46-5-3. L. 79: Entire
section repealed, p. 602, § 30, effective July 1.
14-12-104. Duties of domestic relations counselors. (1) Domestic relations counselors
shall, under the supervision of and as directed by the judge of the district court in which they are
serving, perform the following duties:
Colorado Revised Statutes 2023 Uncertified PrintoutPage 175 of 247
(a) Promptly consider all requests for counseling for the purpose of disposing of such
requests pursuant to this article;
(b) Counsel husband or wife or both under a schedule of fees set by the judge of the
district court wherein the case is heard, said fee to be paid by either the husband or wife or
jointly by the husband and wife, as determined by the court, whether or not a petition for
dissolution of marriage, declaration of invalidity of marriage, or legal separation has been filed,
if the spouses have marital difficulties which may lead to a termination of the marriage
relationship;
(c) If, in the judgment of the counselor, prolonged counseling is necessary or if it
appears that medical, psychiatric, or religious assistance is indicated, refer the husband or wife or
both to a physician, psychiatrist, psychologist, social service agency, or clergyman of any
religious denomination to which the parties may belong.
Source: L. 60: p. 132, § 1. CRS 53: § 46-5-4. C.R.S. 1963: § 46-5-4.
14-12-105. Counseling proceedings to be private - communications confidential. All
counseling proceedings, interviews, or conferences shall be held in private. All communications,
oral or written, from the parties to a domestic relations counselor in a counseling or conciliation
proceedings shall be deemed to be made to such counsel in official confidence by a privileged
communication and shall not be admissible or usable for any purpose in any dissolution of
marriage hearing or any other proceedings. Any papers or records of the counselor relating to
counseling proceedings under this article shall be confidential.
Source: L. 60: p. 133, § 1. CRS 53: § 46-5-6. C.R.S. 1963: § 46-5-6.
Cross references: For other privileged communications, see §§ 13-90-107 and
13-90-108.
14-12-106. Court may appoint marriage counselor in any county or judicial district
where the population is under one hundred thousand. (Repealed)
Source: L. 60: p. 133, § 1. CRS 53: § 46-5-7. C.R.S. 1963: § 46-5-7. L. 79: Entire
section repealed, p. 602, § 30, effective July 1.
ARTICLE 13
Uniform Child-custody Jurisdiction
and Enforcement Act
Editor's note: This article was numbered as article 6 of chapter 46, C.R.S. 1963. The
provisions of this article were repealed and reenacted in 2000, resulting in the addition,
Colorado Revised Statutes 2023 Uncertified PrintoutPage 176 of 247
relocation, and elimination of sections as well as subject matter. For amendments to this article
prior to 2000, consult the Colorado statutory research explanatory note and the table itemizing
the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on
page vii in the front of this volume. Former C.R.S. section numbers for sections that were
relocated as a part of the repeal and reenactment are shown in editor's notes following each
section.
Law reviews: For comment, "Temporary Custody Under the Uniform Child Custody
Jurisdiction Act: Influence Without Modification", see 48 U. Colo. L. Rev. 603 (1977); for
article, "The Role of Children's Counsel in Contested Child Custody, Visitation and Support
Cases", see 15 Colo. Law. 224 (1986); for article, "Waking the Dormant PKPA in Colorado", see
21 Colo. Law. 2209 (1992); for article, "Nuts and Bolts of the PKPA", see 22 Colo. Law. 2397
(1993); for article, "The Uniform Child Custody Jurisdiction Enforcement Act: Part I", see 29
Colo. Law. 73 (Sept. 2000); for article, "The Uniform Child Custody Jurisdiction Enforcement
Act: Part II", see 29 Colo. Law. 81 (Oct. 2000); for article, "Interstate Family Law Jurisdiction:
Simplifying Complex Questions", see 31 Colo. Law. 77 (Sept. 2002); for article, "Colorado's
Uniform Interstate Family Support Act: 2004 Changes and Clarifications", see 33 Colo. Law. 99
(Nov. 2004); for article, "An Introduction to Family Law and the Military", see 37 Colo. Law. 69
(Oct. 2008).
PART 1
GENERAL PROVISIONS
14-13-101. Short title. This article shall be known and may be cited as the "Uniform
Child-custody Jurisdiction and Enforcement Act".
Source: L. 2000: Entire article R&RE, p. 1519, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-101 as it existed prior to 2000.
14-13-102. Definitions. As used in this article 13, unless the context otherwise requires:
(1) "Abandoned" means left without provision for reasonable and necessary care or
supervision.
(2) "Child" means an individual who has not attained eighteen years of age.
(3) "Child-custody determination" means a judgment, decree, or other order of a court
providing for the legal custody or physical custody of a child or allocating parental
responsibilities with respect to a child or providing for visitation, parenting time, or grandparent
or great-grandparent family time with respect to a child. The term includes a permanent,
temporary, initial, and modification order. The term does not include an order relating to child
support or other monetary obligation of an individual.
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(4) "Child-custody proceeding" means a proceeding in which legal custody or physical
custody with respect to a child or the allocation of parental responsibilities with respect to a child
or visitation, parenting time, or grandparent or great-grandparent family time with respect to a
child is an issue. The term includes a proceeding for divorce, dissolution of marriage, legal
separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights,
and protection from domestic violence and domestic abuse, in which the issue may appear. The
term does not include a proceeding involving juvenile delinquency, except when such court is
entering an order to allocate parental responsibilities; contractual emancipation; or enforcement
under part 3 of this article 13.
(5) "Commencement" means the filing of the first pleading in a proceeding.
(6) "Court" means an entity authorized under the law of a state to establish, enforce, or
modify a child-custody determination.
(7) (a) "Home state" means the state in which a child lived with a parent or a person
acting as a parent for at least one hundred eighty-two consecutive days immediately before the
commencement of a child-custody proceeding. In the case of a child less than six months of age,
the term means the state in which the child lived from birth with any of the persons mentioned.
A period of temporary absence of any of the mentioned persons is part of the period.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (7), "home state"
does not mean a state in which a child lived with a parent or a person acting as a parent on a
temporary basis as the result of an interim order entered pursuant to article 13.7 of this title.
(8) "Initial determination" means the first child-custody determination concerning a
particular child.
(9) "Issuing court" means the court that makes a child-custody determination for which
enforcement is sought under this article.
(10) "Issuing state" means the state in which a child-custody determination is made.
(11) "Modification" means a child-custody determination that changes, replaces,
supersedes, or is otherwise made after a previous determination concerning the same child,
whether or not it is made by the court that made the previous determination.
(12) "Person" means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, government, governmental subdivision,
agency, or instrumentality, public corporation, or any other legal or commercial entity.
(13) "Person acting as a parent" means a person, other than a parent, who:
(a) Has physical custody of the child or has had physical custody for a period of one
hundred eighty-two consecutive days, including any temporary absence, within one year
immediately before the commencement of a child-custody proceeding; and
(b) Has been awarded legal custody or allocated parental responsibilities with respect to
a child by a court or claims a right to legal custody or parental responsibilities under the law of
this state.
(14) "Physical custody" means the physical care and supervision of a child.
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(15) "State" means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
of the United States.
(16) "Warrant" means an order issued by a court authorizing law enforcement officers to
take physical custody of a child.
Source: L. 2000: Entire article R&RE, p. 1519, § 1, effective July 1. L. 2008: (7)
amended, p. 333, § 2, effective August 5. L. 2012: (7)(a) and (13)(a) amended, (SB 12-175), ch.
208, p. 834, § 35, effective July 1. L. 2013: (7)(b) amended, (HB 13-1200), ch. 174, p. 635, § 3,
effective July 1. L. 2014: (3) and (4) amended, (HB 14-1362), ch. 374, p. 1790, § 6, effective
June 6. L. 2017: IP and (4) amended, (HB 17-1110), ch. 137, p. 459, § 3, effective August 9. L.
2023: (3) and (4) amended, (HB 23-1026), ch. 243, p. 1307, § 5, effective August 7.
Editor's note: This section is similar to former § 14-13-103 as it existed prior to 2000.
Cross references: For the short title ("Grandparents' Rights for Aaliyah and Myah Act")
in HB 23-1026, see section 1 of chapter 243, Session Laws of Colorado 2023.
14-13-103. Proceedings governed by other law. This article does not govern an
adoption proceeding or a proceeding pertaining to the authorization of emergency medical care
for a child.
Source: L. 2000: Entire article R&RE, p. 1521, § 1, effective July 1.
14-13-104. International application of article. (1) A court of this state shall treat a
foreign country as if it were a state of the United States for the purpose of applying this part 1
and part 2 of this article.
(2) Except as otherwise provided in subsection (3) of this section, a child-custody
determination made in a foreign country under factual circumstances in substantial conformity
with the jurisdictional standards of this article must be recognized and enforced under part 3 of
this article.
(3) A court of this state need not apply this article if the child-custody law of a foreign
country violates fundamental principles of human rights.
Source: L. 2000: Entire article R&RE, p. 1521, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-124 as it existed prior to 2000.
14-13-105. Effect of child-custody determination. A child-custody determination made
by a court of this state that had jurisdiction under this article binds all persons who have been
served in accordance with the laws of this state or notified in accordance with section 14-13-108
Colorado Revised Statutes 2023 Uncertified PrintoutPage 179 of 247
or who have submitted to the jurisdiction of the court, and who have been given an opportunity
to be heard. As to those persons, the determination is conclusive as to all decided issues of law
and fact except to the extent the determination is modified.
Source: L. 2000: Entire article R&RE, p. 1521, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-113 as it existed prior to 2000.
14-13-106. Priority. If a question of existence or exercise of jurisdiction under this
article is raised in a child-custody proceeding, the question, upon request of a party, must be
given priority on the calendar and handled expeditiously.
Source: L. 2000: Entire article R&RE, p. 1521, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-125 as it existed prior to 2000.
14-13-107. (Reserved)
14-13-108. Notice to persons outside state. (1) Notice required for the exercise of
jurisdiction when a person is outside this state may be given in a manner prescribed by the law
of this state for service of process or by the law of the state in which the service is made. Notice
must be given in a manner reasonably calculated to give actual notice but may be by publication
if other means are not effective.
(2) Proof of service may be made in the manner prescribed by the law of this state or by
the law of the state in which the service is made.
(3) Notice is not required for the exercise of jurisdiction with respect to a person who
submits to the jurisdiction of the court.
Source: L. 2000: Entire article R&RE, p. 1522, § 1, effective July 1.
Editor's note: This section is similar to former §§ 14-13-105 and 14-13-106 as they
existed prior to 2000.
Cross references: For manner of giving notice through service by mail or publication,
see C.R.C.P. 4(g); for manner of giving notice through personal service outside state, see
C.R.C.P. 4(e).
14-13-109. Appearance and limited immunity. (1) A party to a child-custody
proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to
enforce or register a child-custody determination, is not subject to personal jurisdiction in this
Colorado Revised Statutes 2023 Uncertified PrintoutPage 180 of 247
state for another proceeding or purpose solely by reason of having participated, or of having
been physically present for the purpose of participating, in the proceeding.
(2) A person who is subject to personal jurisdiction in this state on a basis other than
physical presence is not immune from service of process in this state. A party present in this
state who is subject to the jurisdiction of another state is not immune from service of process
allowable under the laws of that state.
(3) The immunity granted by subsection (1) of this section does not extend to civil
litigation based on acts unrelated to the participation in a proceeding under this article committed
by an individual while present in this state.
Source: L. 2000: Entire article R&RE, p. 1522, § 1, effective July 1.
14-13-110. Communication between courts. (1) A court of this state may communicate
with a court in another state concerning a proceeding arising under this article.
(2) The court may allow the parties to participate in the communication. If the parties are
not able to participate in the communication, they must be given the opportunity to present facts
and legal arguments before a decision on jurisdiction is made.
(3) Communication between courts on schedules, calendars, court records, and similar
matters may occur without informing the parties. A record need not be made of the
communication.
(4) Except as otherwise provided in subsection (3) of this section, a record must be made
of a communication under this section. The parties must be informed promptly of the
communication and granted access to the record.
(5) For the purposes of this section, "record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other medium and is retrievable in
perceivable form.
Source: L. 2000: Entire article R&RE, p. 1522, § 1, effective July 1.
14-13-111. Taking testimony in another state. (1) In addition to other procedures
available to a party, a party to a child-custody proceeding or other legal representative of the
child may offer testimony of witnesses who are located in another state, including testimony of
the parties and the child, by deposition or other means allowable in this state for testimony taken
in another state. The court on its own motion may order that the testimony of a person be taken
in another state and may prescribe the manner in which and the terms upon which the testimony
is taken.
(2) A court of this state may permit an individual residing in another state to be deposed
or to testify by telephone, audiovisual means, or other electronic means before a designated court
or at another location in that state. A court of this state shall cooperate with courts of other states
in designating an appropriate location for the deposition or testimony.
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(3) Documentary evidence transmitted from another state to a court of this state by
technological means that do not produce an original writing may not be excluded from evidence
on an objection based on the means of transmission.
Source: L. 2000: Entire article R&RE, p. 1523, § 1, effective July 1. L. 2005: (1)
amended, p. 962, § 7, effective July 1.
Editor's note: This section is similar to former § 14-13-119 as it existed prior to 2000.
Cross references: (1) For manner of giving notice through service by mail or
publication, see C.R.C.P. 4(g); for manner of giving notice through personal service outside
state, see C.R.C.P. 4(e).
(2) For the legislative declarations contained in the 2005 act amending subsection (1),
see sections 1 and 3 of chapter 244, Session Laws of Colorado 2005.
14-13-112. Cooperation between courts - preservation of records. (1) A court of this
state may request the appropriate court of another state to:
(a) Hold an evidentiary hearing;
(b) Order a person to produce or give evidence pursuant to procedures of that state;
(c) Order that an evaluation be made with respect to the custody or allocation of parental
responsibilities with respect to a child involved in a pending proceeding;
(d) Forward to the court of this state a certified copy of the transcript of the record of the
hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the
request; and
(e) Order a party to a child-custody proceeding or any person having physical custody of
the child to appear in the proceeding with or without the child.
(2) Upon request of a court of another state, a court of this state may hold a hearing or
enter an order described in subsection (1) of this section.
(3) Travel and other necessary and reasonable expenses incurred under subsections (1)
and (2) of this section may be assessed against the parties according to the law of this state.
(4) A court of this state shall preserve the pleadings, orders, decrees, records of hearings,
evaluations, and other pertinent records with respect to a child-custody proceeding until the child
attains eighteen years of age. Upon appropriate request by a court or law enforcement official of
another state, the court shall forward a certified copy of those records.
Source: L. 2000: Entire article R&RE, p. 1523, § 1, effective July 1.
PART 2
JURISDICTION
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14-13-201. Initial child-custody jurisdiction. (1) Except as otherwise provided in
section 14-13-204, a court of this state has jurisdiction to make an initial child-custody
determination only if:
(a) This state is the home state of the child on the date of the commencement of the
proceeding, or was the home state of the child within one hundred eighty-two days before the
commencement of the proceeding and the child is absent from this state but a parent or person
acting as a parent continues to live in this state;
(b) A court of another state does not have jurisdiction under a provision of law adopted
by that state that is in substantial conformity with paragraph (a) of this subsection (1), or a court
of the home state of the child has declined to exercise jurisdiction on the ground that this state is
the more appropriate forum under a provision of law adopted by that state that is in substantial
conformity with section 14-13-207 or 14-13-208, and:
(I) The child and the child's parents, or the child and at least one parent or a person
acting as a parent, have a significant connection with this state other than mere physical
presence; and
(II) Substantial evidence is available in this state concerning the child's care, protection,
training, and personal relationships;
(c) All courts having jurisdiction under a provision of law adopted by that state that is in
substantial conformity with paragraph (a) or (b) of this subsection (1) have declined to exercise
jurisdiction on the ground that a court of this state is the more appropriate forum to determine the
custody of the child under a provision of law adopted by that state that is in substantial
conformity with section 14-13-207 or 14-13-208; or
(d) No court of any other state would have jurisdiction under the criteria specified in a
provision of law adopted by that state that is in substantial conformity with paragraph (a), (b), or
(c) of this subsection (1).
(2) Subsection (1) of this section is the exclusive jurisdictional basis for making a
child-custody determination by a court of this state.
(3) Physical presence of, or personal jurisdiction over, a party or a child is not necessary
or sufficient to make a child-custody determination.
Source: L. 2000: Entire article R&RE, p. 1524, § 1, effective July 1. L. 2012: (1)(a)
amended, (SB 12-175), ch. 208, p. 834, § 36, effective July 1.
Editor's note: This section is similar to former § 14-13-104 as it existed prior to 2000.
14-13-202. Exclusive, continuing jurisdiction. (1) Except as otherwise provided in
section 14-13-204, a court of this state that has made a child-custody determination consistent
with section 14-13-201 or 14-13-203 has exclusive, continuing jurisdiction over the
determination until:
(a) A court of this state determines that the child, the child's parents, and any person
acting as a parent do not have a significant connection with this state and that substantial
Colorado Revised Statutes 2023 Uncertified PrintoutPage 183 of 247
evidence is no longer available in this state concerning the child's care, protection, training, and
personal relationships; or
(b) A court of this state or a court of another state determines that the child, the child's
parents, and any person acting as a parent do not presently reside in this state.
(2) A court of this state that has made a child-custody determination and does not have
exclusive, continuing jurisdiction under this section may modify that determination only if it has
jurisdiction to make an initial determination under section 14-13-201.
Source: L. 2000: Entire article R&RE, p. 1525, § 1, effective July 1.
14-13-203. Jurisdiction to modify determination. (1) Except as otherwise provided in
section 14-13-204, a court of this state may not modify a child-custody determination made by a
court of another state unless a court of this state has jurisdiction to make an initial determination
under section 14-13-201 (1)(a) or 14-13-201 (1)(b) and:
(a) The court of the other state determines it no longer has exclusive, continuing
jurisdiction under a provision of law adopted by that state that is in substantial conformity with
section 14-13-202 or that a court of this state would be a more convenient forum under a
provision of law adopted by that state that is in substantial conformity with section 14-13-207; or
(b) A court of this state or a court of the other state determines that the child, the child's
parents, and any person acting as a parent do not presently reside in the other state.
Source: L. 2000: Entire article R&RE, p. 1525, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-115 as it existed prior to 2000.
14-13-204. Temporary emergency jurisdiction. (1) A court of this state has temporary
emergency jurisdiction if the child is present in this state and the child has been abandoned or it
is necessary in an emergency to protect the child because the child, or a sibling or parent of the
child, is subjected to or threatened with mistreatment or abuse. A court of this state may exercise
temporary emergency jurisdiction during the pendency of an appeal of a child-custody
determination.
(2) If there is no previous child-custody determination that is entitled to be enforced
under this article and a child-custody proceeding has not been commenced in a court of a state
having jurisdiction under a provision of law adopted by that state that is in substantial
conformity with sections 14-13-201 to 14-13-203, a child-custody determination made under this
section remains in effect until an order is obtained from a court of a state having jurisdiction
under a provision of law adopted by that state that is in substantial conformity with sections
14-13-201 to 14-13-203. If a child-custody proceeding has not been or is not commenced in a
court of a state having jurisdiction under a provision of law adopted by that state that is in
substantial conformity with sections 14-13-201 to 14-13-203, a child-custody determination
Colorado Revised Statutes 2023 Uncertified PrintoutPage 184 of 247
made under this section becomes a final determination, if it so provides and this state becomes
the home state of the child.
(3) If there is a previous child-custody determination that is entitled to be enforced under
this article, or a child-custody proceeding has been commenced in a court of a state having
jurisdiction under a provision of law adopted by that state that is in substantial conformity with
sections 14-13-201 to 14-13-203, any order issued by a court of this state under this section must
specify in the order a period that the court considers adequate to allow the person seeking an
order to obtain an order from the state having jurisdiction under a provision of law adopted by
that state that is in substantial conformity with sections 14-13-201 to 14-13-203. The order
issued in this state remains in effect until an order is obtained from the other state within the
period specified or the period expires.
(4) A court of this state that has been asked to make a child-custody determination under
this section, upon being informed that a child-custody proceeding has been commenced in, or a
child-custody determination has been made by, a court of a state having jurisdiction under a
provision of law adopted by that state that is in substantial conformity with sections 14-13-201 to
14-13-203, shall immediately communicate with the other court. A court of this state that is
exercising jurisdiction pursuant to sections 14-13-201 to 14-13-203, upon being informed that a
child-custody proceeding has been commenced in, or a child-custody determination has been
made by, a court of another state under a statute similar to this section shall immediately
communicate with the court of that state to resolve the emergency, protect the safety of the
parties and the child, and determine a period for the duration of the temporary order.
Source: L. 2000: Entire article R&RE, p. 1525, § 1, effective July 1. L. 2021: (1)
amended, (HB 21-1031), ch. 116, p. 450, § 5, effective May 7.
Editor's note: (1) This section is similar to former § 14-13-104 as it existed prior to
2000.
(2) Section 8 of chapter 116 (HB 21-1031), Session Laws of Colorado 2021, provides
that the act changing this section applies to any request to modify an order appealed on, after, or
before May 7, 2021.
Cross references: For the legislative declaration in HB 21-1031, see section 1 of chapter
116, Session Laws of Colorado 2021.
14-13-205. Notice - opportunity to be heard - joinder. (1) Before a child-custody
determination is made under this article, notice and an opportunity to be heard in accordance
with the standards of section 14-13-108 must be given to all persons entitled to notice under the
law of this state as in child-custody proceedings between residents of this state, any parent
whose parental rights have not been previously terminated, and any person having physical
custody of the child.
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(2) This article does not govern the enforceability of a child-custody determination made
without notice or an opportunity to be heard.
(3) The obligation to join a party and the right to intervene as a party in a child-custody
proceeding under this article are governed by the law of this state as in child-custody
proceedings between residents of this state.
Source: L. 2000: Entire article R&RE, p. 1526, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-105 as it existed prior to 2000.
14-13-206. Simultaneous proceedings. (1) Except as otherwise provided in section
14-13-204, a court of this state may not exercise its jurisdiction under this part 2 if, at the time of
the commencement of the proceeding, a proceeding concerning the custody of the child has been
commenced in a court of another state having jurisdiction substantially in conformity with this
article, unless the proceeding has been terminated or is stayed by the court of the other state
because a court of this state is a more convenient forum under a provision of law adopted by that
state that is in substantial conformity with section 14-13-207.
(2) Except as otherwise provided in section 14-13-204, a court of this state, before
hearing a child-custody proceeding, shall examine the court documents and other information
supplied by the parties pursuant to section 14-13-209. If the court determines that a
child-custody proceeding has been commenced in a court in another state having jurisdiction
substantially in accordance with a provision of law adopted by that state that is in substantial
conformity with this article, the court of this state shall stay its proceeding and communicate
with the court of the other state. If the court of the state having jurisdiction substantially in
accordance with this article does not determine that the court of this state is a more appropriate
forum, the court of this state shall dismiss the proceeding.
(3) In a proceeding to modify a child-custody determination, a court of this state shall
determine whether a proceeding to enforce the determination has been commenced in another
state. If a proceeding to enforce a child-custody determination has been commenced in another
state, the court of this state may:
(a) Stay the proceeding for modification pending the entry of an order of a court of the
other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(b) Enjoin the parties from continuing with the proceeding for enforcement; or
(c) Proceed with the modification under conditions it considers appropriate.
Source: L. 2000: Entire article R&RE, p. 1527, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-107 as it existed prior to 2000.
14-13-207. Inconvenient forum. (1) A court of this state that has jurisdiction under this
article to make a child-custody determination may decline to exercise its jurisdiction at any time
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if it determines that it is an inconvenient forum under the circumstances and that a court of
another state is a more appropriate forum. The issue of inconvenient forum may be raised upon
motion of a party, the court's own motion, or request of another court.
(2) Before determining whether it is an inconvenient forum, a court of this state shall
consider whether it is appropriate for a court of another state to exercise jurisdiction. For this
purpose, the court shall allow the parties to submit information and shall consider all relevant
factors, including:
(a) Whether domestic violence or domestic abuse has occurred and is likely to continue
in the future and which state could best protect the parties and the child;
(b) The length of time the child has resided outside this state;
(c) The distance between the court in this state and the court in the state that would
assume jurisdiction;
(d) The relative financial circumstances of the parties;
(e) Any agreement of the parties as to which state should assume jurisdiction;
(f) The nature and location of the evidence required to resolve the pending litigation,
including testimony of the child;
(g) The ability of the court of each state to decide the issue expeditiously and the
procedures necessary to present the evidence; and
(h) The familiarity of the court of each state with the facts and issues in the pending
litigation.
(3) If a court of this state determines that it is an inconvenient forum and that a court of
another state is a more appropriate forum, it shall stay the proceedings upon condition that a
child-custody proceeding be promptly commenced in another designated state and may impose
any other condition the court considers just and proper.
(4) A court of this state may decline to exercise its jurisdiction under this article if a
child-custody determination is incidental to an action for divorce, dissolution of marriage, or
another proceeding while still retaining jurisdiction over the divorce, dissolution of marriage, or
other proceeding.
Source: L. 2000: Entire article R&RE, p. 1527, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-108 as it existed prior to 2000.
14-13-208. Jurisdiction declined by reason of conduct. (1) Except as otherwise
provided in section 14-13-204, or by other law of this state, if a person seeking to invoke the
jurisdiction of a court of this state under this article has engaged in unjustifiable conduct, the
court shall decline to exercise its jurisdiction unless:
(a) The parents and all persons acting as parents have acquiesced in the exercise of
jurisdiction;
(b) A court of the state otherwise having jurisdiction under a provision of law adopted by
that state that is in substantial conformity with sections 14-13-201 to 14-13-203 determines that
Colorado Revised Statutes 2023 Uncertified PrintoutPage 187 of 247
this state is a more appropriate forum under a provision of law adopted by that state that is in
substantial conformity with section 14-13-207; or
(c) No court of any other state would have jurisdiction under the criteria specified in a
provision of law adopted by that state that is in substantial conformity with sections 14-13-201 to
14-13-203.
(2) If a court of this state declines to exercise its jurisdiction pursuant to subsection (1)
of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent
a repetition of the unjustifiable conduct, including staying the proceeding until a child-custody
proceeding is commenced in a court having jurisdiction under a provision of law adopted by that
state that is in substantial conformity with sections 14-13-201 to 14-13-203.
(3) If a court dismisses a petition or stays a proceeding because it declines to exercise its
jurisdiction pursuant to subsection (1) of this section, it shall assess against the party seeking to
invoke its jurisdiction necessary and reasonable expenses including costs, communication
expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child
care during the course of the proceedings, unless the party from whom fees are sought
establishes that the assessment would be clearly inappropriate. The court may not assess fees,
costs, or expenses against this state unless authorized by law other than this article.
Source: L. 2000: Entire article R&RE, p. 1528, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-109 as it existed prior to 2000.
14-13-209. Information to be submitted to court. (1) Subject to a court order allowing
a party to maintain the confidentiality of addresses and other identifying information and to
subsection (5) of this section, in a child-custody proceeding, each party, in its first pleading or in
an attached affidavit, shall give information, if reasonably ascertainable, under oath, as to the
child's present address or whereabouts, the places where the child has lived during the last five
years, and the names and present addresses of the persons with whom the child has lived during
that period. The pleading or affidavit must state whether the party:
(a) Has participated, as a party or witness or in any other capacity, in any other
proceeding concerning the custody of or visitation or parenting time with the child and, if so,
identify the court, the case number, and the date of the child-custody determination, if any;
(b) Knows of any proceeding that could affect the current proceeding, including
proceedings for enforcement and proceedings relating to domestic violence or domestic abuse,
protective orders or restraining orders, termination of parental rights, and adoptions and, if so,
identify the court, the case number, and the nature of the proceeding; and
(c) Knows the names and addresses of any person not a party to the proceeding who has
physical custody of the child or claims rights of parental responsibilities or legal custody or
physical custody of, or visitation or parenting time with, the child and, if so, the names and
addresses of those persons.
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(2) If the information required by subsection (1) of this section is not furnished, the
court, upon motion of a party or its own motion, may stay the proceeding until the information is
furnished.
(3) If the declaration as to any of the items described in paragraphs (a) to (c) of
subsection (1) of this section is in the affirmative, the declarant shall give additional information
under oath as required by the court. The court may examine the parties under oath as to details of
the information furnished and other matters pertinent to the court's jurisdiction and the
disposition of the case.
(4) Each party has a continuing duty to inform the court of any proceeding in this or any
other state that could affect the current proceeding.
(5) If a party alleges in an affidavit or a pleading under oath that the health, safety, or
liberty of a party or child would be jeopardized by disclosure of identifying information, the
information must be sealed and may not be disclosed to the other party or the public unless the
court orders the disclosure to be made after a hearing in which the court takes into consideration
the health, safety, or liberty of the party or child and determines that the disclosure is in the
interest of justice.
Source: L. 2000: Entire article R&RE, p. 1529, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-110 as it existed prior to 2000.
14-13-210. Appearance of parties and child. (1) In a child-custody proceeding in this
state, the court may order a party to the proceeding who is in this state to appear before the court
in person with or without the child. The court may order any person who is in this state and who
has physical custody or control of the child to appear in person with the child.
(2) If a party to a child-custody proceeding whose presence is desired by the court is
outside this state, the court may order that a notice given pursuant to section 14-13-108 include a
statement directing the party to appear in person with or without the child and informing the
party that failure to appear may result in a decision adverse to the party.
(3) The court may enter any orders necessary to ensure the safety of the child and of any
person ordered to appear under this section.
(4) If a party to a child-custody proceeding who is outside this state is directed to appear
under subsection (2) of this section or desires to appear personally before the court with or
without the child, the court may require another party to pay reasonable and necessary travel and
other expenses of the party so appearing and of the child.
Source: L. 2000: Entire article R&RE, p. 1530, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-112 as it existed prior to 2000.
PART 3
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ENFORCEMENT
14-13-301. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Petitioner" means a person who seeks enforcement of an order for the return of a
child under the "Hague Convention on the Civil Aspects of International Child Abduction" or
enforcement of a child-custody determination.
(2) "Respondent" means a person against whom a proceeding has been commenced for
enforcement of an order for the return of a child under the "Hague Convention on the Civil
Aspects of International Child Abduction" or enforcement of a child-custody determination.
Source: L. 2000: Entire article R&RE, p. 1530, § 1, effective July 1.
14-13-302. Enforcement under Hague Convention. Under this part 3 a court of this
state may enforce an order for the return of the child made under the "Hague Convention on the
Civil Aspects of International Child Abduction" as if it were a child-custody determination.
Source: L. 2000: Entire article R&RE, p. 1531, § 1, effective July 1.
14-13-303. Duty to enforce. (1) A court of this state shall recognize and enforce a
child-custody determination of a court of another state if the latter court exercised jurisdiction in
substantial conformity with this article or the determination was made under factual
circumstances meeting the jurisdictional standards of this article and the determination has not
been modified in accordance with this article.
(2) A court of this state may utilize any remedy available under other law of this state to
enforce a child-custody determination made by a court of another state. The remedies provided
in this part 3 are cumulative and do not affect the availability of other remedies to enforce a
child-custody determination.
Source: L. 2000: Entire article R&RE, p. 1531, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-114 as it existed prior to 2000.
14-13-304. Temporary visitation or parenting time. (1) A court of this state that does
not have jurisdiction to modify a child-custody determination may issue a temporary order
enforcing:
(a) A visitation or parenting time schedule made by a court of another state; or
(b) The visitation or parenting time provisions of a child-custody determination of
another state that does not provide for a specific visitation or parenting time schedule.
(2) If a court of this state makes an order under paragraph (b) of subsection (1) of this
section, it shall specify in the order a period that it considers adequate to allow the petitioner to
Colorado Revised Statutes 2023 Uncertified PrintoutPage 190 of 247
obtain an order from a court having jurisdiction under criteria substantially in conformity with
those criteria specified in part 2 of this article. The order remains in effect until an order is
obtained from the other court or the period expires.
Source: L. 2000: Entire article R&RE, p. 1531, § 1, effective July 1.
14-13-305. Registration of child-custody determination. (1) A child-custody
determination issued by a court of another state may be registered in this state, with or without a
simultaneous request for enforcement, by sending to the appropriate district court in this state:
(a) A letter or other document requesting registration;
(b) Two copies, including one certified copy, of the determination sought to be
registered, and a statement under penalty of perjury that to the best of the knowledge and belief
of the person seeking registration the order has not been modified; and
(c) Except as otherwise provided in section 14-13-209, the name and address of the
person seeking registration and any parent or person acting as a parent who has been awarded
custody, allocated parental responsibilities, or granted visitation or parenting time in the
child-custody determination sought to be registered.
(2) On receipt of the documents required by subsection (1) of this section, the registering
court shall:
(a) Cause the determination to be filed as a foreign judgment, together with one copy of
any accompanying documents and information, regardless of their form; and
(b) Serve notice upon the persons named pursuant to paragraph (c) of subsection (1) of
this section and provide them with an opportunity to contest the registration in accordance with
this section.
(3) The notice required by paragraph (b) of subsection (2) of this section must state that:
(a) A registered determination is enforceable as of the date of the registration in the same
manner as a determination issued by a court of this state;
(b) A hearing to contest the validity of the registered determination must be requested
within twenty-one days after service of notice; and
(c) Failure to contest the registration will result in confirmation of the child-custody
determination and preclude further contest of that determination with respect to any matter that
could have been asserted.
(4) A person seeking to contest the validity of a registered order must request a hearing
within twenty-one days after service of the notice. At that hearing, the court shall confirm the
registered order unless the person contesting registration establishes that:
(a) The issuing court did not have jurisdiction under a provision of law adopted by that
state that is in substantial conformity with part 2 of this article;
(b) The child-custody determination sought to be registered has been vacated, stayed, or
modified by a court having jurisdiction to do so under part 2 of this article; or
(c) The person contesting registration was entitled to notice, but notice was not given in
accordance with standards substantially in conformity with the standards set forth in section
Colorado Revised Statutes 2023 Uncertified PrintoutPage 191 of 247
14-13-108, in the proceedings before the court that issued the order for which registration is
sought.
(5) If a timely request for a hearing to contest the validity of the registration is not made,
the registration is confirmed as a matter of law and the person requesting registration and all
persons served must be notified of the confirmation.
(6) Confirmation of a registered order, whether by operation of law or after notice and
hearing, precludes further contest of the order with respect to any matter that could have been
asserted at the time of registration.
Source: L. 2000: Entire article R&RE, p. 1531, § 1, effective July 1. L. 2012: (3)(b)
amended, (SB 12-175), ch. 208, p. 834, § 37, effective July 1. L. 2014: IP(4) amended, (HB
14-1347), ch. 208, p. 769, § 3, effective July 1.
Editor's note: This section is similar to former § 14-13-117 as it existed prior to 2000.
14-13-306. Enforcement of registered determination. (1) A court of this state may
grant any relief normally available under the law of this state to enforce a registered
child-custody determination made by a court of another state.
(2) A court of this state shall recognize and enforce, but may not modify, except in
accordance with part 2 of this article, a registered child-custody determination of a court of
another state.
Source: L. 2000: Entire article R&RE, p. 1533, § 1, effective July 1.
Editor's note: This section is similar to former §§ 14-13-115 and 14-13-116, as they
existed prior to 2000.
14-13-307. Simultaneous proceedings. If a proceeding for enforcement under this part 3
is commenced in a court of this state and the court determines that a proceeding to modify the
determination is pending in a court of another state having jurisdiction to modify the
determination under a provision of law adopted by that state that is in substantial conformity
with part 2 of this article, the enforcing court shall immediately communicate with the modifying
court. The proceeding for enforcement continues unless the enforcing court, after consultation
with the modifying court, stays or dismisses the proceeding.
Source: L. 2000: Entire article R&RE, p. 1533, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-107 as it existed prior to 2000.
14-13-308. Expedited enforcement of child-custody determination. (1) A petition
under this part 3 in which the petitioner is seeking expedited enforcement pursuant to this section
Colorado Revised Statutes 2023 Uncertified PrintoutPage 192 of 247
must be verified. Certified copies of all orders sought to be enforced and of any order confirming
registration must be attached to the petition. A copy of a certified copy of an order may be
attached instead of the original.
(2) A petition for expedited enforcement of a child-custody determination pursuant to
this section must state:
(a) Whether the court that issued the determination identified the jurisdictional basis it
relied upon in exercising jurisdiction and, if so, what the basis was;
(b) Whether the determination for which enforcement is sought has been vacated, stayed,
or modified by a court whose decision must be enforced under this article and, if so, the identity
of the court, the case number, and the nature of the proceeding;
(c) Whether any proceeding has been commenced that could affect the current
proceeding, including proceedings relating to domestic violence or domestic abuse, protective
orders or restraining orders, termination of parental rights, and adoptions and, if so, the identity
of the court, the case number, and the nature of the proceeding;
(d) The present physical address of the child and the respondent, if known;
(e) Whether relief in addition to the immediate physical custody of the child and
attorney's fees is sought, including a request for assistance from law enforcement officials and, if
so, the relief sought; and
(f) If the child-custody determination has been registered and confirmed under section
14-13-305, the date and place of registration.
(3) Upon the filing of a petition for expedited enforcement pursuant to this section, the
court shall issue an order directing the respondent to appear in person at a hearing, with or
without the child, and may enter any order necessary to ensure the safety of the parties and the
child. The hearing must be held on the next judicial day after service of the order unless that date
is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The
court may extend the date of hearing at the request of the petitioner.
(4) An order issued under subsection (3) of this section must state the time and place of
the hearing and advise the respondent that at the hearing the court will order that the petitioner
may take immediate physical custody of the child and the payment of fees, costs, and expenses
under section 14-13-312, and may schedule a hearing to determine whether further relief is
appropriate, unless the respondent appears and establishes that:
(a) The child-custody determination has not been registered and confirmed under section
14-13-305 and that:
(I) The issuing court did not have jurisdiction under a provision of law adopted by that
state that is in substantial conformity with part 2 of this article;
(II) The child-custody determination for which enforcement is sought has been vacated,
stayed, or modified by a court having jurisdiction to do so under a provision of law adopted by
that state that is in substantial conformity with part 2 of this article;
(III) The respondent was entitled to notice, but notice was not given in accordance with
the standards substantially in conformity with the standards of section 14-13-108, in the
proceedings before the court that issued the order for which enforcement is sought; or
Colorado Revised Statutes 2023 Uncertified PrintoutPage 193 of 247
(b) The child-custody determination for which enforcement is sought was registered and
confirmed under a provision of law adopted by that state that is in substantial conformity with
section 14-13-304, but has been vacated, stayed, or modified by a court of a state having
jurisdiction to do so under a provision of law adopted by that state that is in substantial
conformity with part 2 of this article.
Source: L. 2000: Entire article R&RE, p. 1533, § 1, effective July 1.
14-13-309. Service of petition and order. Except as otherwise provided in section
14-13-311, the petition and order must be served, by any method authorized by the law of this
state, upon respondent and any person who has physical custody of the child.
Source: L. 2000: Entire article R&RE, p. 1535, § 1, effective July 1.
14-13-310. Hearing and order. (1) Unless the court issues a temporary emergency
order pursuant to section 14-13-204, upon a finding that a petitioner is entitled to immediate
physical custody of the child, the court shall order that the petitioner may take immediate
physical custody of the child unless the respondent establishes that:
(a) The child-custody determination has not been registered and confirmed under section
14-13-305 and that:
(I) The issuing court did not have jurisdiction under part 2 of this article;
(II) The child-custody determination for which enforcement is sought has been vacated,
stayed, or modified by a court of a state having jurisdiction to do so under a provision of law
adopted by that state that is in substantial conformity with part 2 of this article; or
(III) The respondent was entitled to notice, but notice was not given in accordance with
standards in substantial conformity with the standards set forth in section 14-13-108, in the
proceedings before the court that issued the order for which enforcement is sought; or
(b) The child-custody determination for which enforcement is sought was registered and
confirmed under section 14-13-305 but has been vacated, stayed, or modified by a court of a
state having jurisdiction to do so under this part 3.
(2) The court shall award the fees, costs, and expenses authorized under section
14-13-312 and may grant additional relief, including a request for the assistance of law
enforcement officials, and set a further hearing to determine whether additional relief is
appropriate.
(3) If a party called to testify refuses to answer on the ground that the testimony may be
self-incriminating, the court may draw an adverse inference from the refusal.
(4) A privilege against disclosure of communications between spouses and a defense of
immunity based on the relationship of husband and wife or parent and child may not be invoked
in a proceeding under this part 3.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 194 of 247
(5) A privilege against disclosure of communications between partners in a civil union
and a defense of immunity based on the relationship of partners in a civil union or parent and
child may not be invoked in a proceeding under this part 3.
Source: L. 2000: Entire article R&RE, p. 1535, § 1, effective July 1. L. 2013: (5) added,
(SB 13-011), ch. 49, p. 164, § 16, effective May 1.
14-13-311. Warrant to take physical custody of child. (1) Upon the filing of a petition
seeking enforcement of a child-custody determination, the petitioner may file a verified
application for the issuance of a warrant to take physical custody of the child if the child is
immediately likely to suffer serious physical harm or be removed from this state.
(2) If the court, upon the testimony of the petitioner or other witness, finds that the child
is imminently likely to suffer serious physical harm or be removed from this state, it may issue a
warrant to take physical custody of the child. The petition must be heard on the next judicial day
after the warrant is executed unless that date is impossible. In that event, the court shall hold the
hearing on the first judicial day possible. The application for the warrant must include the
statements required by section 14-13-308 (2).
(3) A warrant to take physical custody of a child must:
(a) Recite the facts upon which a conclusion of imminent serious physical harm or
removal from the jurisdiction is based;
(b) Direct law enforcement officers to take physical custody of the child immediately;
and
(c) Provide for the placement of the child pending final relief.
(4) The respondent must be served with the petition, warrant, and order immediately
after the child is taken into physical custody.
(5) A warrant to take physical custody of a child is enforceable throughout this state. If
the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive
remedy is not effective, it may authorize law enforcement officers to enter private property to
take physical custody of the child. If required by exigent circumstances of the case, the court
may authorize law enforcement officers to make a forcible entry at any hour.
(6) The court may impose conditions upon placement of a child to ensure the appearance
of the child and the child's custodian.
Source: L. 2000: Entire article R&RE, p. 1536, § 1, effective July 1.
14-13-312. Costs, fees, and expenses. (1) The court shall award the prevailing party,
including a state, necessary and reasonable expenses incurred by or on behalf of the prevailing
party, including costs, communication expenses, attorney fees, investigative fees, expenses for
witnesses, travel expenses, and child care during the course of the proceedings, unless the party
from whom fees or expenses are sought establishes that the award would be clearly
inappropriate.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 195 of 247
(2) The court may not assess fees, costs, or expenses against a state unless authorized by
law other than this article.
Source: L. 2000: Entire article R&RE, p. 1536, § 1, effective July 1.
14-13-313. Recognition and enforcement. A court of this state shall accord full faith
and credit to an order issued by another state and consistent with this article that enforces a
child-custody determination by a court of another state unless the order has been vacated, stayed,
or modified by a court having jurisdiction to do so under a provision of law adopted by that state
that is in substantial conformity with part 2 of this article.
Source: L. 2000: Entire article R&RE, p. 1537, § 1, effective July 1.
14-13-314. Appeals. An appeal may be taken from a final order in a proceeding under
this part 3 in accordance with expedited appellate procedures in other civil cases. Unless the
court enters a temporary emergency order under section 14-13-204, the enforcing court may not
stay an order enforcing a child-custody determination pending appeal.
Source: L. 2000: Entire article R&RE, p. 1537, § 1, effective July 1.
PART 4
MISCELLANEOUS PROVISIONS
14-13-401. Application and construction. In applying and construing this article,
consideration must be given to the need to promote uniformity of the law with respect to its
subject matter among states that enact it.
Source: L. 2000: Entire article R&RE, p. 1537, § 1, effective July 1.
14-13-402. Severability clause. If any provision of this article or its application to any
person or circumstance is held invalid, the invalidity does not affect other provisions or
applications of this article that can be given effect without the invalid provision or application,
and to this end the provisions of this article are severable.
Source: L. 2000: Entire article R&RE, p. 1537, § 1, effective July 1.
14-13-403. Transitional provision. A motion or other request for relief made in a
child-custody proceeding or to enforce a child-custody determination that was commenced
before July 1, 2000, is governed by the law in effect at the time the motion or other request was
made.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 196 of 247
Source: L. 2000: Entire article R&RE, p. 1537, § 1, effective July 1.
ARTICLE 13.5
Uniform Child Abduction Prevention Act
14-13.5-101. Short title. This article may be cited as the "Uniform Child Abduction
Prevention Act".
Source: L. 2007: Entire article added, p. 767, § 1, effective May 14.
14-13.5-102. Definitions. In this article:
(1) "Abduction" means the wrongful removal or wrongful retention of a child.
(2) "Child" means an unemancipated individual who is less than 18 years of age.
(3) "Child-custody determination" means a judgment, decree, or other order of a court
providing for the legal custody or physical custody of a child, allocating parental responsibilities
with respect to a child, or providing for visitation or parenting time with respect to a child. The
term includes a permanent, temporary, initial, and modification order. The term does not include
an order relating to child support or other monetary obligation of an individual.
(4) "Child-custody proceeding" means a proceeding in which the legal custody or
physical custody of a child, the allocation of parental responsibilities with respect to a child, or
visitation or parenting time with respect to a child is at issue. The term includes a proceeding for
divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, or protection from domestic violence or domestic abuse.
The term does not include a proceeding involving juvenile delinquency or contractual
emancipation.
(5) "Court" means an entity authorized under the law of a state to establish, enforce, or
modify a child-custody determination.
(6) "Petition" includes a motion or its equivalent.
(7) "Record" means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
(8) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of
the United States. The term includes a federally recognized Indian tribe or nation.
(9) "Travel document" means records relating to a travel itinerary, including travel
tickets, passes, reservations for transportation, or accommodations. The term does not include a
passport or visa.
(10) "Wrongful removal" means the taking of a child that breaches rights of custody or
orders concerning the allocation of parental responsibilities or breaches rights of visitation or
parenting time given or recognized under the law of this state.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 197 of 247
(11) "Wrongful retention" means the keeping or concealing of a child that breaches
rights of custody or orders concerning the allocation of parental responsibilities or breaches
rights of visitation or parenting time given or recognized under the law of this state.
Source: L. 2007: Entire article added, p. 767, § 1, effective May 14.
14-13.5-103. Cooperation and communication among courts. Sections 14-13-110,
14-13-111, and 14-13-112 shall apply to cooperation and communications among courts in
proceedings under this article.
Source: L. 2007: Entire article added, p. 768, § 1, effective May 14.
14-13.5-104. Actions for abduction prevention measures. (1) A court on its own
motion may order abduction prevention measures in a child-custody proceeding if the court finds
that the evidence establishes a credible risk of abduction of the child.
(2) A party to a child-custody determination or another individual or entity having a
right under the law of this state or any other state to seek a child-custody determination for the
child may file a petition seeking abduction prevention measures to protect the child under this
article.
Source: L. 2007: Entire article added, p. 768, § 1, effective May 14.
14-13.5-105. Jurisdiction. (1) A petition under this article 13.5 may be filed only in a
court that has jurisdiction to make a child-custody determination with respect to the child at issue
under the "Uniform Child-custody Jurisdiction and Enforcement Act", article 13 of this title 14.
A court with jurisdiction to modify an order concerning the allocation of parental rights and
responsibilities pursuant to this article 13.5 may exercise jurisdiction during the pendency of an
appeal brought with respect to an order allocating parental rights and responsibilities.
(2) A court of this state has temporary emergency jurisdiction under section 14-13-204,
if the court finds a credible risk of abduction.
Source: L. 2007: Entire article added, p. 769, § 1, effective May 14. L. 2021: (1)
amended, (HB 21-1031), ch. 116, p. 451, § 6, effective May 7.
Editor's note: Section 8 of chapter 116 (HB 21-1031), Session Laws of Colorado 2021,
provides that the act changing this section applies to any request to modify an order appealed on,
after, or before May 7, 2021.
Cross references: For the legislative declaration in HB 21-1031, see section 1 of chapter
116, Session Laws of Colorado 2021.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 198 of 247
14-13.5-106. Contents of petition. (1) A petition under this article must be verified and
include a copy of any existing child-custody determination, if available. The petition must
specify the risk factors for abduction, including the relevant factors described in section
14-13.5-107. Subject to section 14-13-209, if reasonably ascertainable, the petition must contain:
(a) The name, date of birth, and gender of the child;
(b) The customary address and current physical location of the child;
(c) The identity, customary address, and current physical location of the respondent;
(d) A statement of whether a prior action to prevent abduction, domestic violence, or
domestic abuse has been filed by a party or other individual or entity having custody of the child,
and the date, location, and disposition of the action;
(e) A statement of whether a party to the proceeding has been arrested for a crime related
to domestic violence, stalking, or child abuse or neglect and the date, location, and disposition of
the case; and
(f) Any other information required to be submitted to the court for a child-custody
determination under section 14-13-209.
Source: L. 2007: Entire article added, p. 769, § 1, effective May 14.
14-13.5-107. Factors to determine risk of abduction. (1) In determining whether there
is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner
or respondent:
(a) Has previously abducted or attempted to abduct the child;
(b) Has threatened to abduct the child;
(c) Has recently engaged in activities that may indicate a planned abduction, including:
(I) Abandoning employment;
(II) Selling a primary residence;
(III) Terminating a lease;
(IV) Closing bank or other financial management accounts, liquidating assets, hiding or
destroying financial documents, or conducting any unusual financial activities;
(V) Applying for a passport or visa or obtaining travel documents for the respondent, a
family member, or the child; or
(VI) Seeking to obtain the child's birth certificate or school or medical records;
(d) Has engaged in domestic violence, domestic abuse, stalking, or child abuse or
neglect;
(e) Has refused to follow a child-custody determination;
(f) Lacks strong familial, financial, emotional, or cultural ties to the state or the United
States;
(g) Has strong familial, financial, emotional, or cultural ties to another state or country;
(h) Is likely to take the child to a country that:
Colorado Revised Statutes 2023 Uncertified PrintoutPage 199 of 247
(I) Is not a party to the "Hague Convention on the Civil Aspects of International Child
Abduction" and does not provide for the extradition of an abducting parent or for the return of an
abducted child;
(II) Is a party to the "Hague Convention on the Civil Aspects of International Child
Abduction" but:
(A) The "Hague Convention on the Civil Aspects of International Child Abduction" is
not in force between the United States and that country;
(B) Is noncompliant according to the most recent compliance report issued by the United
States department of state; or
(C) Lacks legal mechanisms for immediately and effectively enforcing a return order
under the "Hague Convention on the Civil Aspects of International Child Abduction";
(III) Poses a risk that the child's physical or emotional health or safety would be
endangered in the country because of specific circumstances relating to the child or because of
human rights violations committed against children;
(IV) Has laws or practices that would:
(A) Enable the respondent, without due cause, to prevent the petitioner from contacting
the child;
(B) Restrict the petitioner from freely traveling to or exiting from the country because of
the petitioner's gender, nationality, marital status, or religion; or
(C) Restrict the child's ability legally to leave the country after the child reaches the age
of majority because of a child's gender, nationality, or religion;
(V) Is included by the United States department of state on a current list of state
sponsors of terrorism;
(VI) Does not have an official United States diplomatic presence in the country; or
(VII) Is engaged in active military action or war, including a civil war, to which the child
may be exposed;
(i) Is undergoing a change in immigration or citizenship status that would adversely
affect the respondent's ability to remain in the United States legally;
(j) Has had an application for United States citizenship denied;
(k) Has forged or presented misleading or false evidence on government forms or
supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a social
security card, a driver's license, or other government-issued identification card or has made a
misrepresentation to the United States government;
(l) Has used multiple names to attempt to mislead or defraud; or
(m) Has engaged in any other conduct the court considers relevant to the risk of
abduction.
(2) In the hearing on a petition under this article, the court shall consider any evidence
that the respondent believed in good faith that the respondent's conduct was necessary to avoid
imminent harm to the child or respondent and any other evidence that may be relevant to
whether the respondent may be permitted to remove or retain the child.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 200 of 247
Source: L. 2007: Entire article added, p. 769, § 1, effective May 14.
14-13.5-108. Provisions and measures to prevent abduction. (1) If a petition is filed
under this article, the court may enter an order that must include:
(a) The basis for the court's exercise of jurisdiction;
(b) The manner in which notice and opportunity to be heard were given to the persons
entitled to notice of the proceeding;
(c) A detailed description of each party's custody and visitation rights, residential
arrangements for the child, and any child-custody determinations in effect;
(d) A provision stating that a violation of the order may subject the party in violation to
civil and criminal penalties; and
(e) Identification of the child's country of habitual residence at the time of the issuance
of the order.
(2) If, at a hearing on a petition under this article or on the court's own motion, the court
after reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection (1)
of this section and measures and conditions, including those in subsections (3), (4), and (5) of
this section, that are reasonably calculated to prevent abduction of the child, giving due
consideration to the custody and visitation rights of the parties and the child-custody
determinations in effect at the time of the filing of the petition under this article. The court shall
consider the age of the child, the potential harm to the child from an abduction, the legal and
practical difficulties of returning the child to the jurisdiction if abducted, and the reasons for the
potential abduction, including evidence of domestic violence, domestic abuse, stalking, or child
abuse or neglect.
(3) An abduction prevention order may include one or more of the following:
(a) An imposition of travel restrictions that require that a party traveling with the child
outside a designated geographical area provide the other party with the following:
(I) The travel itinerary of the child;
(II) A list of physical addresses and telephone numbers at which the child can be reached
at specified times; and
(III) Copies of all travel documents;
(b) A prohibition of the respondent directly or indirectly from:
(I) Removing the child from this state, the United States, or another geographic area
without permission of the court or the petitioner's written consent;
(II) Removing or retaining the child in violation of a child-custody determination;
(III) Removing the child from school or a child-care or similar facility; or
(IV) Approaching the child at any location other than a site designated for supervised
visitation or supervised parenting time;
(c) A requirement that a party register the order in another state as a prerequisite to
allowing the child to travel to that state;
(d) With regard to the child's passport:
Colorado Revised Statutes 2023 Uncertified PrintoutPage 201 of 247
(I) A direction that the petitioner place the child's name in the United States department
of state's child passport issuance alert program;
(II) A requirement that the respondent surrender to the court or the petitioner's attorney
any United States or foreign passport issued in the child's name, including a passport issued in
the name of both the parent and the child; and
(III) A prohibition upon the respondent from applying on behalf of the child for a new or
replacement passport or visa;
(e) As a prerequisite to exercising custody, parental responsibilities, or visitation or
parenting time, a requirement that the respondent provide:
(I) To the United States department of state office of children's issues and the relevant
foreign consulate or embassy, an authenticated copy of the order detailing passport and travel
restrictions for the child;
(II) To the court:
(A) Proof that the respondent has provided the information in subparagraph (I) of this
paragraph (e); and
(B) An acknowledgment in a record from the relevant foreign consulate or embassy that
no passport application has been made, or passport issued, on behalf of the child;
(III) To the petitioner, proof of registration with the United States embassy or other
United States diplomatic presence in the destination country and with the central authority for
the "Hague Convention on the Civil Aspects of International Child Abduction", if that
convention is in effect between the United States and the destination country, unless one of the
parties objects; and
(IV) A written waiver under the federal "Privacy Act of 1974", 5 U.S.C. Section 552a,
with respect to any document, application, or other information pertaining to the child
authorizing its disclosure to the court and the petitioner; and
(f) Upon the petitioner's request, a requirement that the respondent obtain an order from
the relevant foreign country containing terms identical to the child-custody determination issued
in the United States.
(4) In an abduction prevention order, the court may impose conditions on the exercise of
custody, parental responsibilities, or visitation or parenting time that:
(a) Limit visitation or parenting time or require that visitation or parenting time with the
child by the respondent be supervised until the court finds that supervision is no longer necessary
and order the respondent to pay the costs of supervision;
(b) Require the respondent to post a bond or provide other security in an amount
sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to
pay for the reasonable expenses of recovery of the child, including reasonable attorneys fees and
costs if there is an abduction; and
(c) Require the respondent to obtain education on the potentially harmful effects to the
child from abduction.
(5) To prevent imminent abduction of a child, a court may:
Colorado Revised Statutes 2023 Uncertified PrintoutPage 202 of 247
(a) Issue a warrant to take physical custody of the child under section 14-13.5-109 or the
law of this state other than this article;
(b) Direct the use of law enforcement to take any action reasonably necessary to locate
the child, obtain return of the child, or enforce a custody determination under this article or the
law of this state other than this article; or
(c) Grant any other relief allowed under the law of this state other than this article.
(6) The remedies provided in this article are cumulative and do not affect the availability
of other remedies to prevent abduction.
Source: L. 2007: Entire article added, p. 771, § 1, effective May 14.
14-13.5-109. Warrant to take physical custody of child. (1) If a petition under this
article contains allegations, and the court finds that there is a credible risk that the child is
imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take
physical custody of the child.
(2) The respondent on a petition under subsection (1) of this section must be afforded an
opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not
later than the next judicial day unless a hearing on that date is impossible. In that event, the court
shall hold the hearing on the first judicial day possible.
(3) An ex parte warrant under subsection (1) of this section to take physical custody of a
child must:
(a) Recite the facts upon which a determination of a credible risk of imminent wrongful
removal of the child is based;
(b) Direct law enforcement officers to take physical custody of the child immediately;
(c) State the date and time for the hearing on the petition; and
(d) Provide for the safe interim placement of the child pending further order of the court.
(4) If feasible, before issuing a warrant and before determining the placement of the
child after the warrant is executed, the court may order a search of the relevant databases of the
national crime information center system and similar state databases to determine if either the
petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
(5) The petition and warrant must be served on the respondent when or immediately
after the child is taken into physical custody.
(6) A warrant to take physical custody of a child, issued by this state or another state, is
enforceable throughout this state. If the court finds that a less intrusive remedy will not be
effective, it may authorize law enforcement officers to enter private property to take physical
custody of the child. If required by exigent circumstances, the court may authorize law
enforcement officers to make a forcible entry at any hour.
(7) If the court finds, after a hearing, that a petitioner sought an ex parte warrant under
subsection (1) of this section for the purpose of harassment or in bad faith, the court may award
the respondent reasonable attorneys fees, costs, and expenses.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 203 of 247
(8) This article does not affect the availability of relief allowed under the law of this
state other than this article.
Source: L. 2007: Entire article added, p. 774, § 1, effective May 14.
14-13.5-110. Duration of abduction prevention order. (1) An abduction prevention
order remains in effect until the earliest of:
(a) The time stated in the order;
(b) The emancipation of the child;
(c) The child's attaining eighteen years of age; or
(d) The time the order is modified, revoked, vacated, or superseded by a court with
jurisdiction under sections 14-13-201 to 14-13-203.
Source: L. 2007: Entire article added, p. 775, § 1, effective May 14.
14-13.5-111. Uniformity of applications and construction. In applying and construing
this uniform act, consideration must be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
Source: L. 2007: Entire article added, p. 775, § 1, effective May 14.
14-13.5-112. Relation to electronic signatures in global and national commerce act.
This article modifies, limits, and supersedes the federal "Electronic Signatures in Global and
National Commerce Act", 15 U.S.C. sec. 7001, et seq., but does not modify, limit, or supersede
section 101(c) of the act, 15 U.S.C. sec. 7001(c), of that act or authorize electronic delivery of
any of the notices described in section 103(b) of that act, 15 U.S.C. sec. 7003(b).
Source: L. 2007: Entire article added, p. 775, § 1, effective May 14.
ARTICLE 13.7
Uniform Deployed Parents
Custody and Visitation Act
Cross references: For the effective date of this article, see § 14-13.7-504.
Law reviews: For article, "Representing Military Parents Under Colorado's Uniform
Deployed Parents Custody and Visitation Act", see 43 Colo. Law. 33 (June 2014).
PART 1
GENERAL PROVISIONS
Colorado Revised Statutes 2023 Uncertified PrintoutPage 204 of 247
14-13.7-101. Short title. This article shall be known and may be cited as the "Uniform
Deployed Parents Custody and Visitation Act".
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 624, § 2, effective May
10.
14-13.7-102. Definitions. In this article 13.7:
(1) "Adult" means an individual who has attained eighteen years of age or who is an
emancipated minor.
(2) "Caretaking authority" means the right to live with and care for a child on a
day-to-day basis. The term includes physical custody, parenting time, right to access, and
visitation.
(3) "Child" means:
(a) An unemancipated individual who has not attained eighteen years of age; or
(b) An adult son or daughter by birth or adoption, or under law of this state other than
this article, who is the subject of a court order concerning custodial responsibility.
(4) "Court" means a tribunal, including an administrative agency, authorized under law
of this state other than this article to make, enforce, or modify a decision regarding custodial
responsibility.
(5) "Custodial responsibility" includes all powers and duties relating to caretaking
authority and decision-making authority for a child. The term includes physical custody, legal
custody, parenting time, right to access, visitation, and authority to grant limited contact with a
child.
(6) "Decision-making authority" means the power to make major decisions regarding a
child, including decisions regarding the child's education, religious training, health care,
extracurricular activities, and travel. The term does not include the power to make decisions that
necessarily accompany a grant of caretaking authority.
(7) "Deploying parent" means a service member who is deployed or has been notified of
impending deployment and is:
(a) A parent of a child under law of this state other than this article; or
(b) An individual who has custodial responsibility for a child under law of this state
other than this article.
(8) "Deployment" means the movement or mobilization of a service member for more
than ninety days but less than eighteen months pursuant to uniformed service orders that:
(a) Are designated as unaccompanied;
(b) Do not authorize dependent travel; or
(c) Otherwise do not permit the movement of family members to the location to which
the service member is deployed.
(8.5) "Deployment order" means a record provided by a uniformed service to a service
member directing a deployment.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 205 of 247
(9) "Family member" means a sibling, aunt, uncle, cousin, stepparent, or grandparent of
a child or an individual recognized to be in a familial relationship with a child under law of this
state other than this article.
(10) "Limited contact" means the authority of a nonparent to visit a child for a limited
time. The term includes authority to take the child to a place other than the residence of the
child.
(11) "Nonparent" means an individual other than a deploying parent or other parent.
(12) "Other parent" means an individual who, in common with a deploying parent, is:
(a) A parent of a child under law of this state other than this article; or
(b) An individual who has custodial responsibility for a child under law of this state
other than this article.
(13) "Record" means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
(14) "Return from deployment" means the conclusion of a service member's deployment
as specified in uniformed service orders.
(15) "Service member" means a member of a uniformed service.
(16) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt with a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or
process.
(17) "State" means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
of the United States.
(18) "Uniformed service" means:
(a) Active and reserve components of the Army, Navy, Air Force, Marine Corps, Space
Force, or Coast Guard of the United States;
(b) The United States merchant marine;
(c) The commissioned corps of the United States public health service;
(d) The commissioned corps of the National Oceanic and Atmospheric Administration of
the United States; or
(e) The National Guard of a state.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 624, § 2, effective May
10. L. 2021: IP and (18)(a) amended, (HB 21-1231), ch. 206, p. 1077, § 4, effective May 28.
14-13.7-103. (Reserved)
14-13.7-104. Jurisdiction. (1) A court may issue an order regarding custodial
responsibility under this article only if the court has jurisdiction under article 13 of this title.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 206 of 247
(2) If a court has issued an interim order regarding custodial responsibility pursuant to
part 3 of this article, the residence of the deploying parent is not changed by reason of the
deployment for the purposes of article 13 of this title.
(3) If a court has issued a permanent order regarding custodial responsibility before
notice of deployment and the parents modify that order temporarily by agreement pursuant to
part 2 of this article, the residence of the deploying parent is not changed by reason of the
deployment for the purposes of article 13 of this title.
(4) If a court in another state has issued an interim order regarding custodial
responsibility as a result of impending or current deployment, the residence of the deploying
parent is not changed by reason of the deployment for the purposes of article 13 of this title.
(5) This section does not prevent a court from exercising emergency jurisdiction under
article 13 of this title.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 627, § 2, effective May
10.
14-13.7-105. Notification required of deploying parent. (1) Except as otherwise
provided in subsection (4) of this section and subject to subsection (3) of this section, in cases
where there has been a prior determination of custody, a deploying parent shall notify in a record
the other parent of a pending deployment not later than twelve calendar days after receiving
deployment orders unless reasonably prevented from doing so by the circumstances of service. If
the circumstances of service prevent giving notification within twelve calendar days, the
deploying parent shall give the notification as soon as reasonably possible.
(2) Except as otherwise provided in subsection (4) of this section and subject to
subsection (3) of this section, each parent shall provide in a record to the other parent a plan for
fulfilling that parent's share of custodial responsibility during deployment. Each parent shall
provide the plan as soon as reasonably possible after notification of deployment is given under
subsection (1) of this section.
(3) If a court order currently in effect prohibits disclosure of the address or contact
information of the other parent, notification of deployment under subsection (1) of this section or
notification of a plan for custodial responsibility during deployment under subsection (2) of this
section may be made only to the issuing court. If the address of the other parent is available to
the issuing court, the court shall forward the notification to the other parent. The court shall keep
confidential the address or contact information of the other parent.
(4) Notification in a record under subsection (1) or (2) of this section is not required if
the parents are living in the same residence and both parents have actual notice of the
deployment or plan.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 627, § 2, effective May
10.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 207 of 247
14-13.7-106. Duty to notify of change of address. (1) Except as otherwise provided in
subsection (2) of this section, an individual to whom custodial responsibility has been granted
during deployment pursuant to part 2 or 3 of this article shall notify the deploying parent and any
other individual with custodial responsibility of a child of any change of the individual's mailing
address or residence until the grant is terminated. The individual shall provide the notice to any
court that has issued a custody or child support order concerning the child which is in effect.
This notice provision does not alter the provisions of section 14-10-129.
(2) If a court order currently in effect prohibits disclosure of the address or contact
information of an individual to whom custodial responsibility has been granted, a notification
under subsection (1) of this section may be made only to the court that issued the order. The
court shall keep confidential the mailing address or residence of the individual to whom
custodial responsibility has been granted.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 628, § 2, effective May
10.
14-13.7-107. General consideration in custody proceeding of parent's military
service. In a proceeding for custodial responsibility of a child of a service member, a parent's
past deployment or possible future deployment in itself may not serve as the sole basis in
determining the best interest of the child. Nothing in this section shall be construed as
prohibiting the court from applying section 14-10-124 in determining the best interest of the
child.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 628, § 2, effective May
10.
PART 2
AGREEMENT ADDRESSING CUSTODIAL
RESPONSIBILITY DURING DEPLOYMENT
14-13.7-201. Form of agreement. (1) The parents of a child may enter into an interim
agreement under this article granting custodial responsibility during deployment.
(2) An agreement under subsection (1) of this section must be:
(a) In writing; and
(b) Signed by both parents and any nonparent to whom custodial responsibility is
granted.
(3) Subject to subsection (4) of this section, an agreement under subsection (1) of this
section, if feasible, must:
(a) Identify the destination, duration, and conditions of the deployment that is the basis
for the agreement;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 208 of 247
(b) Specify the allocation of caretaking authority among the deploying parent, the other
parent, and any nonparent;
(c) Specify any decision-making authority that accompanies a grant of caretaking
authority;
(d) Specify any grant of limited contact to a nonparent;
(e) If, under the agreement, custodial responsibility is shared by the other parent and a
nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
(f) Specify the frequency, duration, and means, including electronic means, by which the
deploying parent will have contact with the child, any role to be played by the other parent in
facilitating the contact, and the allocation of any costs of contact;
(g) Specify the contact between the deploying parent and child during the time the
deploying parent is on leave or is otherwise available;
(h) Acknowledge that any party's child-support obligation cannot be modified by the
agreement alone, and that changing the terms of the obligation during deployment requires
modification by court order;
(i) Provide that the agreement will terminate according to the procedures under part 4 of
this article after the deploying parent returns from deployment; and
(j) If the agreement must be filed pursuant to section 14-13.7-205, specify which parent
is required to file the agreement.
(4) The omission of any of the items specified in subsection (3) of this section does not
invalidate an agreement under this section.
(5) The agreement may be submitted to the court for approval to become an enforceable
order.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 628, § 2, effective May
10.
14-13.7-202. Nature of authority created by agreement. (1) An agreement under this
part 2 is an interim agreement and terminates pursuant to part 4 of this article after the deploying
parent returns from deployment, unless the agreement has been terminated before that time by
court order or modification under section 14-13.7-203. The agreement does not create an
independent, continuing right to caretaking authority, decision-making authority, or limited
contact in an individual to whom custodial responsibility is given.
(2) A nonparent who has caretaking authority, decision-making authority, or limited
contact by an agreement under this part 2 has standing to enforce the agreement until it has been
terminated by court order, by modification under section 14-13.7-203, or under part 4 of this
article.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 629, § 2, effective May
10.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 209 of 247
14-13.7-203. Modification of agreement. (1) By mutual consent, the parents of a child
may modify an agreement regarding custodial responsibility made pursuant to this part 2.
(2) If an agreement is modified under subsection (1) of this section before deployment of
a deploying parent, the modification must be in writing and signed by both parents and any
nonparent who will exercise custodial responsibility under the modified agreement.
(3) If an agreement is modified under subsection (1) of this section during deployment of
a deploying parent, the modification must be agreed to in a record that is signed by both parents
and any nonparent who will exercise custodial responsibility under the modified agreement, and
the modified agreement may be submitted to the court for approval to become an enforceable
order.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 629, § 2, effective May
10.
14-13.7-204. Power of attorney. A deploying parent, by power of attorney, may
delegate all or part of his or her custodial responsibility to an adult nonparent for the period of
deployment if no other parent possesses custodial responsibility under law of this state other than
this article, or if a court order currently in effect prohibits contact between the child and the other
parent. The deploying parent may revoke the power of attorney by signing a revocation of the
power.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 630, § 2, effective May
10.
14-13.7-205. Filing agreement or power of attorney with court. An agreement or
power of attorney under this part 2 must be filed within a reasonable time with any court that has
entered an order on custodial responsibility or child support that is in effect concerning the child
who is the subject of the agreement or power. The case number and heading of the pending case
concerning custodial responsibility or child support must be provided to the court with the
agreement or power.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 630, § 2, effective May
10.
PART 3
JUDICIAL PROCEDURE FOR GRANTING
CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT
Colorado Revised Statutes 2023 Uncertified PrintoutPage 210 of 247
14-13.7-301. Definition. In this part 3, "close and substantial relationship" means a
relationship between a child and a nonparent who has had physical care of the child for more
than one hundred eighty-two days.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 630, § 2, effective May
10.
14-13.7-302. Proceeding for interim custody order. (1) After a deploying parent
receives notice of deployment and until the deployment terminates, a court may issue an interim
order, consistent with the best interests of the child, granting custodial responsibility, unless
prohibited by the "Servicemembers Civil Relief Act", 50 U.S.C. appendix sections 521 and 522.
A court may not issue a permanent order granting custodial responsibility without the consent of
the deploying parent.
(2) At any time after a deploying parent receives notice of deployment, either parent
may file a motion regarding custodial responsibility of a child during deployment. The motion
must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction
under section 14-13.7-104 or, if there is no pending proceeding in a court with jurisdiction under
section 14-13.7-104, in a new action for granting custodial responsibility during deployment.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 630, § 2, effective May
10.
14-13.7-303. Expedited hearing. If a motion to grant custodial responsibility is filed
under section 14-13.7-302 (2) before a deploying parent deploys, the court shall conduct an
expedited hearing.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 631, § 2, effective May
10.
14-13.7-304. Testimony by electronic means. In a proceeding under this part 3, a party
or witness who is not reasonably available to appear personally may appear, provide testimony,
and present evidence by electronic means unless the court finds good cause to require a personal
appearance.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 631, § 2, effective May
10.
14-13.7-305. Effect of prior judicial order or agreement. (1) In a proceeding for a
grant of custodial responsibility pursuant to this part 3, the following rules apply:
Colorado Revised Statutes 2023 Uncertified PrintoutPage 211 of 247
(a) A prior judicial order designating custodial responsibility in the event of deployment
is binding on the court unless the circumstances meet the requirements of law of this state other
than this article for modifying a judicial order regarding custodial responsibility;
(b) The court shall enforce a prior written agreement between the parents for designating
custodial responsibility in the event of deployment, including an agreement executed under part
2 of this article, unless the court finds that the agreement is not in the best interest of the child.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 631, § 2, effective May
10.
14-13.7-306. Grant of caretaking or decision-making authority to nonparent. (1) On
motion of a deploying parent and in accordance with law of this state other than this article, if it
is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an
adult family member of the child or an adult with whom the child has a close and substantial
relationship.
(2) Unless a grant of caretaking authority to a nonparent under subsection (1) of this
section is agreed to by the other parent, the grant is limited to an amount of time not greater than:
(a) The amount of time granted to the deploying parent under a permanent custody order,
but the court may add unusual travel time necessary to transport the child; or
(b) In the absence of a permanent custody order that is currently in effect, the amount of
time that the deploying parent habitually cared for the child before being notified of deployment,
but the court may add unusual travel time necessary to transport the child.
(3) If a court finds that it is in the best interests of the child, the court may grant part of a
deploying parent's decision-making authority, if the deploying parent is unable to exercise that
authority, to a nonparent who is an adult family member of the child or an adult with whom the
child has a close and substantial relationship. If a court grants the authority to a nonparent, the
court shall specify the decision-making powers granted, including decisions regarding the child's
education, religious training, health care, extracurricular activities, and travel.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 631, § 2, effective May
10.
14-13.7-307. Grant of limited contact. On a motion of a deploying parent, and in
accordance with law of this state other than this article, unless the court finds that the contact
would not be in the best interest of the child, a court shall grant limited contact to a nonparent
who is a family member of the child or an individual with whom the child has a close and
substantial relationship.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 632, § 2, effective May
10.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 212 of 247
14-13.7-308. Nature of authority created by interim custody order. (1) A grant of
authority under this part 3 is an interim grant of authority and terminates under part 4 of this
article after the return from deployment of the deploying parent, unless the grant has been
terminated before that time by court order. The grant does not create an independent, continuing
right to caretaking authority, decision-making authority, or limited contact in an individual to
whom it is granted.
(2) A nonparent granted caretaking authority, decision-making authority, or limited
contact under this part 3 has standing to enforce the grant until it is terminated by court order or
under part 4 of this article.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 632, § 2, effective May
10.
14-13.7-309. Content of interim custody order. (1) An order granting custodial
responsibility under this part 3 must:
(a) Designate the order as an interim order; and
(b) Identify to the extent feasible the destination, duration, and condition of the
deployment.
(2) If applicable, an order for custodial responsibility under this part 3 must:
(a) Specify the allocation of caretaking authority, decision-making authority, or limited
contact among the deploying parent, the other parent, and any nonparent;
(b) If the order divides caretaking or decision-making authority between individuals, or
grants caretaking authority to one individual and limited contact to another, provide a process to
resolve any dispute that may arise;
(c) Provide for liberal communication between the deploying parent and the child during
deployment, including through electronic means, unless the court finds it is not in the best
interest of the child, and allocate any costs of communications;
(d) Provide for liberal contact between the deploying parent and the child during the
time the deploying parent is on leave or otherwise available, unless the court finds it is not in the
best interest of the child;
(e) Provide for reasonable contact between the deploying parent and the child after
return from deployment until the interim order is terminated, even if the time of contact exceeds
the time the deploying parent spent with the child before entry of the interim order; and
(f) Provide that the order will terminate pursuant to part 4 of this article after the
deploying parent returns from deployment.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 632, § 2, effective May
10.
14-13.7-310. Order for child support. If a court has issued an order granting caretaking
authority under this part 3, or an agreement granting caretaking authority has been executed
Colorado Revised Statutes 2023 Uncertified PrintoutPage 213 of 247
under part 2 of this article, the court may enter an interim order for child support consistent with
law of this state other than this article if the court has jurisdiction under the "Uniform Interstate
Family Support Act", article 5 of this title.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 633, § 2, effective May
10.
14-13.7-311. Modifying or terminating grant of custodial responsibility to
nonparent. (1) Except for an order under section 14-13.7-305, except as otherwise provided in
subsection (2) of this section, and consistent with the "Servicemembers Civil Relief Act", 50
U.S.C. appendix sections 521 and 522, on motion of a deploying or other parent or any
nonparent to whom caretaking authority, decision-making authority, or limited contact has been
granted, the court may modify or terminate the grant if the modification or termination is
consistent with this part 3 and it is in the best interest of the child. A modification is an interim
modification and terminates pursuant to part 4 of this article after the deploying parent returns
from deployment, unless the grant has been terminated before that time by court order.
(2) On motion of a deploying parent, the court shall terminate a grant of limited contact,
unless it is not in the best interests of the child.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 633, § 2, effective May
10.
PART 4
RETURN FROM DEPLOYMENT
14-13.7-401. Procedure for terminating interim grant of custodial responsibility
established by agreement. (1) At any time after return from deployment, an interim agreement
granting custodial responsibility under part 2 of this article may be terminated by an agreement
to terminate signed by the deploying parent and the other parent.
(2) An interim agreement under part 2 of this article granting custodial responsibility
terminates:
(a) If an agreement to terminate under subsection (1) of this section specifies a date for
termination on that date; or
(b) If the agreement to terminate does not specify a date, on the date the agreement to
terminate is signed by the deploying parent and the other parent.
(3) In the absence of an agreement to terminate under subsection (1) of this section, an
interim agreement granting custodial responsibility terminates under part 2 of this article
thirty-five days after the deploying parent gives notice to the other parent that the deploying
parent returned from deployment.
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(4) If an interim agreement granting custodial responsibility was filed with a court
pursuant to section 14-13.7-205, an agreement to terminate the interim agreement must also be
filed with that court within a reasonable time after the signing of the agreement. The case
number and heading of the case concerning custodial responsibility or child support must be
provided to the court with the agreement to terminate.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 633, § 2, effective May
10.
14-13.7-402. Consent procedure for terminating interim grant of custodial
responsibility established by court order. At any time after a deploying parent returns from
deployment, the deploying parent and the other parent may file with the court an agreement to
terminate an interim order for custodial responsibility issued under part 3 of this article. After an
agreement has been filed, the court shall issue an order terminating the interim order effective on
the date specified in the agreement. If a date is not specified, the order is effective immediately.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 634, § 2, effective May
10.
14-13.7-403. Visitation before termination of interim grant of custodial
responsibility. After a deploying parent returns from deployment until an interim agreement or
an interim order for custodial responsibility established under part 2 or 3 of this article is
terminated, the court shall immediately issue an interim order granting the deploying parent
reasonable contact with the child consistent with the deployed parent's post deployment leave,
unless the court finds it is not in the best interest of the child, even if the time of contact exceeds
the time the deploying parent spent with the child before deployment.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 634, § 2, effective May
10.
14-13.7-404. Termination by operation of law of interim grant of custodial
responsibility established by court order. (1) If an agreement between the parties to terminate
an interim order for custodial responsibility under part 3 of this article has not been filed, the
order terminates thirty-five days after the deploying parent gives notice to the other parent and
any nonparent granted custodial responsibility that the deploying parent has returned from
deployment.
(2) A proceeding seeking to prevent termination of an interim order for custodial
responsibility is governed by sections 14-10-124 and 14-10-129.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 634, § 2, effective May
10.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 215 of 247
PART 5
MISCELLANEOUS PROVISIONS
14-13.7-501. Uniformity of application and construction. In applying and construing
this uniform act, consideration may be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it if it is consistent with the public policy of
the state.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 634, § 2, effective May
10.
14-13.7-502. Relation to electronic signatures in global and national commerce act.
This article modifies, limits, or supersedes the "Electronic Signatures in Global and National
Commerce Act", 15 U.S.C. section 7001, et seq., but does not modify, limit, or supersede section
101 (c) of that act, 15 U.S.C. section 7001 (c), or authorize electronic delivery of any of the
notices described in section 103 (b) of that act, 15 U.S.C. section 7003 (b).
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 635, § 2, effective May
10.
14-13.7-503. Saving clause. This article does not affect the validity of an interim court
order concerning custodial responsibility during deployment that was entered before July 1,
2013.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 635, § 2, effective May
10.
14-13.7-504. Effective date. This article takes effect July 1, 2013.
Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 635, § 2, effective May
10.
CHILD SUPPORT
ARTICLE 14
Child Support Enforcement
Procedures
Colorado Revised Statutes 2023 Uncertified PrintoutPage 216 of 247
Cross references: For support proceedings under the "Colorado Children's Code", see
article 6 of title 19; for the "Uniform Interstate Family Support Act", see article 5 of this title; for
nonsupport, see article 6 of this title; for support proceedings under the "Colorado Child Support
Enforcement Act", see article 13 of title 26; for the Colorado child support collection protection
act, see article 17 of title 5.
Law reviews: For article, "The Nuts and Bolts of Collecting Support", see 19 Colo. Law.
1595 (1990); for article, "Child Support Enforcement Remedies Available Through Child
Support Enforcement Agencies", see 33 Colo. Law. 57 (Jan. 2004).
14-14-101. Short title. This article shall be known and may be cited as the "Colorado
Child Support Enforcement Procedures Act".
Source: L. 81: Entire article added, p. 905, § 1, effective June 8.
14-14-102. Definitions. As used in this article 14, unless the context otherwise requires:
(1) "Court" means any court in this state having jurisdiction to determine the liability of
persons for the support of another person.
(2) "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 this article 14. 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.
(3) "Dependent child" means any person who is legally entitled to or the subject of a
court order for the provision of proper or necessary subsistence, education, medical care, or any
other care necessary for his health, guidance, or well-being who is not otherwise emancipated,
self-supporting, married, or a member of the armed forces of the United States.
(4) "Duty of support" means a duty of support imposed by law or by order, decree, or
judgment of any court, 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 arrearages of support past-due and unpaid.
(4.3) "Employer", for purposes of income withholding pursuant to section 14-5-501,
includes any person, company, or corporation, Pinnacol Assurance, or other insurance carrier
paying any type of workers' compensation benefits pursuant to articles 40 to 47 of title 8, C.R.S.
(4.5) "Family support registry" means a central registry maintained and operated by the
state department of human services pursuant to section 26-13-114, C.R.S., that receives,
processes, disburses, and maintains a record of the payment of child support, child support when
combined with maintenance, maintenance, child support arrears, or child support debt.
(4.7) "Health insurance" means medical insurance or medical and dental insurance
coverage or both of human beings against bodily injury or illness. Such coverage may be
provided through a parent's employer or may be acquired individually by the parent.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 217 of 247
(5) "Obligee" means any person or agency to whom a duty of support is owed or any
person or agency who has commenced a proceeding for the establishment or enforcement of an
alleged duty of support.
(6) "Obligor" means any person owing a duty of support, or against whom a proceeding
for the establishment or enforcement of a duty of support is commenced.
(6.5) "Plan" means a group health benefit plan or combination of plans, other than public
assistance programs, that provides medical care or benefits for a child. "Plan" includes, but is not
limited to, a health maintenance organization, self-funded group, state or local government group
health plan, church group plan, medical or health service corporation, or other similar plan.
(7) "Public assistance" means assistance payments and social services provided to or on
behalf of eligible recipients through programs administered or supervised by the state
department of human services, either in cooperation with the federal government or
independently without federal aid, pursuant to article 2 of title 26, or by the department of early
childhood pursuant to part 1 of article 4 of title 26.5.
(8) "Support order" means any judgment, decree, or order of support in favor of an
obligee, whether temporary or final or subject to modification, revocation, or remission,
regardless of the kind of action or proceeding in which it is entered.
(9) "Wages" means income to an obligor in any form, including, but not limited to,
actual gross income; compensation paid or payable for personal services, whether denominated
as wages; earnings from an employer; salaries; payment to an independent contractor for labor or
services; commissions; tips declared by the individual for purposes of reporting to the federal
internal revenue service or tips imputed to bring the employee's gross earnings to the minimum
wage for the number of hours worked, whichever is greater; rents; bonuses; severance pay;
retirement benefits and pensions, including, but not limited to, those paid pursuant to articles 51,
54, 54.5, and 54.6 of title 24, and article 30 of title 31; workers' compensation benefits; social
security benefits, including social security benefits actually received by a parent as a result of the
disability of that parent or as the result of the death of the minor child's stepparent, but not
including social security benefits received by a minor child or on behalf of a minor child as a
result of the death or disability of a stepparent of the child; disability benefits; dividends;
royalties; trust account distributions; any moneys drawn by a self-employed individual for
personal use; funds held in or payable from any health, accident, disability, or casualty insurance
to the extent that such insurance replaces wages or provides income in lieu of wages; monetary
gifts; monetary prizes, excluding lottery winnings not required by the rules of the Colorado
lottery commission to be paid only at the lottery office; taxable distributions from general
partnerships, limited partnerships, closely held corporations, or limited liability companies;
interest; trust income; annuities; payments received from a third party to cover the health-care
cost of the child but which payments have not been applied to cover the child's health-care costs;
state tax refunds; and capital gains. "Wages", for the purposes of child support enforcement, may
also include unemployment compensation benefits, but only subject to the provisions and
requirements of section 8-73-102 (5).
Colorado Revised Statutes 2023 Uncertified PrintoutPage 218 of 247
Source: L. 81: Entire article added, p. 905, § 1, effective June 8. L. 82: (3) amended, p.
281, § 4, effective April 2. L. 83: (3) amended, p. 651, § 1, effective March 3. L. 84: (9) added,
p. 480, § 1, effective July 1. L. 87: (9) amended, p. 596, § 26, effective July 10. L. 89: (9)
amended, p. 793, § 17, effective July 1. L. 90: (4.5) added, p. 1414, § 14, effective June 8; (2)
and (9) amended, pp. 891, 564, §§ 12, 36, effective July 1. L. 92: (9) amended, p. 578, § 6,
effective July 1; (4.7) added, p. 169, § 3, effective August 1. L. 93: (9) amended, p. 1872, § 6,
effective June 1. L. 94: (9) amended, p. 1539, § 7, effective May 31; (4.5)(a) and (7) amended,
p. 2646, § 109, effective July 1; (9) amended, p. 1253, § 7, effective July 1. L. 96: (4.5) and (9)
amended, p. 599, § 9, effective July 1. L. 97: (4.3) added, p. 562, § 7, effective July 1. L. 98: (9)
amended, p. 921, § 8, effective July 1. L. 99: (9) amended, p. 621, § 16, effective August 4. L.
2001: (4.3) amended, p. 721, § 3, effective May 31. L. 2002: (4.3) amended, p. 1892, § 52,
effective July 1; (6.5) added, p. 23, § 1, effective July 1. L. 2003: (2) amended, p. 1265, § 52,
effective July 1. L. 2004: (4.5) amended, p. 387, § 3, effective July 1. L. 2005: (2) amended, p.
498, § 2, effective August 8. L. 2009: (9) amended, (SB 09-282), ch. 288, p. 1397, § 60,
effective January 1, 2010. L. 2018: IP and (2) amended, (SB 18-092), ch. 38, p. 401, § 16,
effective August 8. L. 2020: (9) amended, HB (20-1402), ch. 216, p. 1045, § 24, effective June
30. L. 2022: (7) amended, (HB 22-1295), ch. 123, p. 829, § 31, effective July 1.
Editor's note: Amendments to subsection (9) by Senate Bill 94-088 and House Bill
94-1345 were harmonized.
Cross references: For the legislative declaration contained in the 1994 act amending
subsections (4.5)(a) and (7), see section 1 of chapter 345, Session Laws of Colorado 1994. For
the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado
2018.
14-14-103. Additional remedies. The remedies provided in this article are in addition to
and not in substitution for any other remedies.
Source: L. 81: Entire article added, p. 906, § 1, effective June 8.
14-14-104. Recovery for child support debt. (1) Any payment of public assistance by a
county department of human or social services made to or for the benefit of any dependent child
or children creates a debt, which is due and owing to the county department of human or social
services, recoverable by the county as a debt due to the state by the parent or parents who are
responsible for support of the dependent child or children, or by the parent whose rights were
terminated pursuant to section 19-5-105.5 and who was ordered to pay child support for the
benefit of a dependent child, in an amount to be determined as follows:
(a) Where there has been a court order directed to a parent, the child support debt of that
parent is an amount equal to the amount of public assistance paid to the extent of the full amount
of arrearages under the order. However, the county department of human or social services,
Colorado Revised Statutes 2023 Uncertified PrintoutPage 219 of 247
through its delegate child support enforcement unit, may petition for modification of the order on
the same grounds as a party to the action.
(b) Where there has been no court or administrative order for child support, the county
department of human or social services, through its delegate child support enforcement unit, may
initiate a court or administrative action to establish the amount of child support debt accrued, and
the court or delegate child support enforcement unit, after hearing or upon stipulation or upon a
default order, shall enter an order for child support debt. The debt must be based on the amount
of current child support due, or which would have been due if there were an existing order for
child support, under the current child support enforcement guidelines in effect on the date of the
stipulation, default order, or hearing to establish the child support debt times the number of
months the family received public assistance. The total amount of child support debt must not
exceed the total amount paid for public assistance. A child support debt established pursuant to
this subsection (1)(b) is in addition to any subsequent child support debt accrued pursuant to
subsection (1)(a) of this section.
(2) The county department of human or social services, through its delegate child
support enforcement unit, must be subrogated to the right of the dependent child or children or
person having legal and physical custody of said child or children or having been allocated
decision-making authority with respect to the child or children to pursue any child support action
existing under the laws of this state to obtain reimbursement of public assistance expended. If a
court enters a judgment for or orders the payment of any amount of child support to be paid by
an obligor, the county department of human or social services must be subrogated to the debt
created by such judgment or order.
(3) An agreement between any one parent or custodial person or person allocated
parental responsibilities and the obligor, either relieving the obligor of any duty of support or
responsibility therefor or purporting to settle past, present, or future child support obligations
either as settlement or as prepayment, must not act to reduce or terminate any rights of the
county department of human or social services to recover from that obligor for any public
assistance provided unless the county department of human or social services, through its
delegate child support enforcement unit, has consented to the agreement, in writing, and the
written consent has been incorporated into and made a part of the agreement.
(4) Any parental rights with respect to custody or decision-making responsibility with
respect to a child or parenting time that are granted by a court of competent jurisdiction or are
subject to court review must remain unaffected by the establishment or enforcement of a child
support debt or obligation by the county department of human or social services or other person
pursuant to the provisions of this article 14; and the establishment or enforcement of any such
child support debt or obligation must also remain unaffected by such parental rights with respect
to custody or decision-making responsibility with respect to a child or parenting time.
(5) No child support debt under this section shall be created in the case of, or at any time
collected from, a parent who receives assistance under the Colorado works program as described
in part 7 of article 2 of title 26, C.R.S., for the period such parent is receiving such assistance,
unless by order of a court of competent jurisdiction.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 220 of 247
(6) Creation of a child support debt pursuant to this section must not modify or
extinguish any rights that the county department of human or social services has obtained or may
obtain under an assignment of child support rights, including the right to recover and retain
unreimbursed public assistance.
(7) When a portion of a public assistance grant, paid to or for the benefit of a dependent
child, includes moneys paid to provide the custodial parent or the parent with whom the child
resides the majority of the time or caretaker relative with necessities including but not limited to
shelter, medical care, clothing, or transportation, then those moneys are deemed to be paid to or
for the benefit of the dependent child.
(8) Notwithstanding rule 98 of the Colorado rules of civil procedure, venue for an action
to establish child support debt is proper in any county where public assistance was or is being
paid, in any county where the obligor parent resides, or in any county where the child resides.
(9) A copy of the computer printout obtained from the state department of human
services of the record of payments of assistance under the Colorado works program as described
in part 7 of article 2 of title 26, C.R.S., made on behalf of a child whose custodian has been
receiving child support enforcement services pursuant to section 26-13-106, C.R.S., shall be
admissible into evidence as proof of such payments in any proceeding to establish child support
debt and shall be prima facie evidence of the amount of child support debt owing on behalf of
said child.
Source: L. 81: Entire article added, p. 906, § 1, effective June 8. L. 89: (1)(b) amended
and (8) added, p. 793, § 18, effective July 1. L. 90: (9) added, p. 891, § 13, effective July 1. L.
91: (8) amended, p. 253, § 9, effective July 1. L. 93: (1) amended, p. 1560, § 9, effective June 6;
(4) amended, p. 581, § 17, effective July 1. L. 94: (9) amended, p. 2646, § 110, effective July 1.
L. 97: (5) and (9) amended, p. 1241, § 38, effective July 1. L. 98: (2), (3), (4), and (7) amended,
p. 1401, § 51, effective February 1, 1999. L. 2007: (1)(b) amended, p. 1652, § 8, effective May
31. L. 2013: IP(1) amended, (SB 13-227), ch. 353, p. 2062, § 11, effective May 28. L. 2018: (1)
to (4) and (6) amended, (SB 18-092), ch. 38, p. 401, § 17, effective August 8.
Cross references: For the legislative declaration contained in the 1993 act amending
subsection (4), see section 1 of chapter 165, Session Laws of Colorado 1993. For the legislative
declaration contained in the 1994 act amending subsection (9), see section 1 of chapter 345,
Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of
chapter 38, Session Laws of Colorado 2018.
14-14-105. Continuing garnishment. (1) A writ of garnishment for the collection from
earnings of judgments for arrearages for child support, for maintenance when combined with
child support, for child support debts, or for maintenance shall be continuing; shall have priority
over any garnishment, lien, or income assignment other than a writ previously served on the
same garnishee pursuant to this subsection (1) or a wage assignment activated pursuant to
section 14-14-107 or section 14-14-111, as those sections existed prior to July 1, 1996, or an
Colorado Revised Statutes 2023 Uncertified PrintoutPage 221 of 247
income assignment activated pursuant to section 14-14-111.5; and shall require the garnishee to
withhold, pursuant to section 13-54-104 (3), C.R.S., the portion of earnings subject to
garnishment at each succeeding earnings disbursement interval until such judgment is satisfied
or the garnishment is released by the court or in writing by the judgment creditor.
(2) No employer may discharge an employee solely for the reason that his earnings have
been subjected to garnishment pursuant to this section. Any such discharge in violation of this
subsection (2) shall subject the employer to liability for damages.
Source: L. 81: Entire article added, p. 907, § 1, effective June 8. L. 86: (1) amended, p.
725, § 4, effective July 1. L. 87: (1) amended, p. 591, § 10, effective July 10. L. 96: (1)
amended, p. 600, § 10, effective July 1.
Cross references: For provisions concerning garnishment generally, see article 54.5 of
title 13.
14-14-106. Interest. (1) (a) Interest per annum at four percent greater than the statutory
rate set forth in section 5-12-101 on any arrearages and child support debt due and owing before
July 1, 2021, may be compounded monthly and may be collected by the judgment creditor;
however, such interest may be waived by the judgment creditor and such creditor is not required
to maintain interest balance due accounts. After July 1, 2021, interest on child support arrearages
and child support debt accrues at the interest rate specified in subsection (1)(b) of this section.
(b) Interest per annum at two percent greater than the statutory rate set forth in section
5-12-101 on any arrearages and child support debt due and owing on and after July 1, 2021, may
be compounded annually and may be collected by the judgment creditor; except that such
interest may be waived by the judgment creditor and such creditor is not required to maintain
interest balance due accounts.
(2) If the judgment creditor seeks interest on child support arrearages as set forth in
subsection (1) of this section, the debtor obligor may apply to the court to request that the court
find good cause to use discretion in disallowing the calculated interest, or a portion thereof, on
child support arrearages. In so doing, the court shall consider but is not limited to the following:
(a) Whether good cause existed for the nonpayment of the child support;
(b) Whether payment of the interest would result in undue hardship or substantial
injustice for the obligor owing the interest; and
(c) Whether the disallowance or reduction of interest would result in undue hardship and
substantial injustice to the person to whom the interest is owed.
(3) The court may determine an equitable period of repayment of any interest and arrears
owed, if applicable, as set forth in this section.
Source: L. 81: Entire article added, p. 908, § 1, effective June 8. L. 86: Entire section
amended, p. 725, § 5, effective July 1. L. 88: Entire section amended, p. 633, § 9, effective July
1. L. 94: Entire section amended, p. 1539, § 8, effective May 31. L. 97: Entire section amended,
Colorado Revised Statutes 2023 Uncertified PrintoutPage 222 of 247
p. 1241, § 39, effective July 1. L. 2003: Entire section amended, p. 1266, § 53, effective July 1.
L. 2021: Entire section amended, (HB 21-1220), ch. 212, p. 1120, § 3, effective July 1.
Cross references: For the statutory rate of interest, see § 5-12-102.
14-14-107. Wage assignment - applicability. (Repealed)
Source: L. 81: Entire article added, p. 908, § 1, effective June 8. L. 83: (1)(a) and IP(3)
amended and (2) R&RE, pp. 652, 653, §§ 1-3, effective June 1. L. 84: (1)(a), IP(2)(a),
(2)(a)(III), (2)(a)(IV), (2)(b), and (2)(c) amended and (2)(a)(V) and (3.5) added, pp. 480, 481, §§
2, 3, effective July 1. L. 85: (1)(a), (2)(a) to (2)(c), IP(3), (3)(a)(IV), (3)(c), (3.5), (4)(d), and (9)
amended and (1)(d), (1.5), (3.4), (4)(e), and (10) to (13) added, pp.592, 595, §§ 12-15, effective
July 1. L. 86: (1)(a), (1)(b), (1.5)(a), (2)(a)(II), (2)(c), (3)(a)(I), (5), and (7) amended and (1)(e)
to (1)(g) and (4)(f) added, pp. 725, 727, §§ 6-8, effective July 1. L. 87: Entire section R&RE, p.
580, § 1, effective July 10. L. 88: (5)(c)(IX), (5)(c)(XI), IP(7), (7)(d)(IV), and (9)(a) amended, p.
634, § 10, effective July 1. L. 89: (15) added, p. 810, § 2, effective June 5. L. 90: (2)(e),
(5)(c)(VIII), (6)(b)(I), (7)(d)(III), (7)(d)(IV), and (7)(g) amended and (6)(b)(III) added, p. 1414,
§ 15, effective June 8; (15) amended, p. 892, § 14, effective July 1. L. 92: (2)(a), IP(7),
(7)(c)(III), (7)(c)(IV), (9), and (11) amended and (7)(d.5) and (7)(d.6) added, p. 203, § 11,
effective August 1. L. 93: (9) amended, p. 1561, § 10, effective September 1. L. 94: (9)(e),
amended, p. 1539, § 9, effective May 31; IP(7) amended, p. 2048, § 8, effective June 3; (14)
amended, p. 2646, § 111, effective July 1. L. 96: Entire section repealed, p. 600, § 11, effective
July 1.
14-14-108. Child support debt offset. (Repealed)
Source: L. 83: Entire section added, p. 654, § 1, effective June 10. L. 85: Entire section
repealed, p. 604, § 24, effective July 1.
Cross references: For present provisions concerning a state income tax refund offset for
child support debts or child support arrearages, see § 26-13-111.
14-14-109. Security, bond, or guarantee. (1) In any action in which child support is
ordered, an interested party may apply to the court for an order requiring that the obligor post
security, a bond, or other form of guarantee to secure payment of the child support ordered. In
considering such request, the court shall consider, among other factors, the nature of the obligor's
employment and whether the obligor's income is unreachable by a wage assignment entered
pursuant to section 14-14-107 prior to July 1, 1996, or by immediate deduction for a family
support obligation pursuant to section 14-14-111 as it existed prior to July 1, 1996, or by an
income assignment entered pursuant to section 14-14-111.5 on or after July 1, 1996.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 223 of 247
(2) If the request to post security, a bond, or other guarantee is made subsequent to the
issuance of a child support order, a copy of the request shall be sent to the obligor at his
last-known address by certified mail no later than twenty days prior to the date set for a hearing
on the issue. Such notice shall contain a statement of the obligor's rights to appear and contest
the request.
(3) When a request to post security, a bond, or other guarantee is before the court, the
court shall make findings on the appropriateness of the request based on the evidence presented
and shall then either grant or deny the request.
Source: L. 85: Entire section added, p. 595, § 16, effective July 1. L. 96: (1) amended, p.
622, § 32, effective July 1.
14-14-110. Contempt of court. (1) Evidence of noncompliance with an order for child
support, or maintenance when combined with child support, in the form of an affidavit from the
clerk of the court or in the form of a copy of the record of payments certified by the clerk of the
court or in the form of a copy of the record of payment maintained by the family support registry
is prima facie evidence of contempt of court.
(2) In determining whether or not the obligor is in contempt of court, the court may
consider that the required payment has been made prior to the hearing to determine contempt or
that owing to physical incapacity or other good cause the obligor was unable to furnish the
support, care, and maintenance required by the order for the period of noncompliance alleged in
the motion.
(3) If, after personal service of the citation and a copy of the motion and affidavit, the
obligor fails to appear at the time so designated, the court may issue a warrant for the obligor's
arrest. Upon issuance of the warrant, the court shall direct by endorsement thereon the amount of
the bond required.
(4) Pursuant to subsection (3) of this section, where the obligor has been released upon
deposit of cash, stocks, or bonds, or upon surety bond secured by property, if the obligor fails to
appear in accordance with the primary condition of the bond, the court shall declare a forfeiture.
Notice of the order of forfeiture shall be mailed immediately by the court to the obligor and
sureties, if any, at the last-known address. If the obligor does not appear and surrender to the
court having jurisdiction within thirty days after the date of the forfeiture, or within that period
satisfy the court that appearance and surrender by the obligor is impossible and without the
obligor's fault, the court shall enter judgment against the obligor and the sureties, if any, for the
amount of the bail and costs of the court proceedings.
(5) Any moneys collected or paid upon any such execution or in any case upon said
bond shall be turned over to the clerk of the court in which the bond is given to be applied to the
child support obligation, including where the obligation is assigned to the department of human
services pursuant to section 26-2-111 (3), C.R.S.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 224 of 247
Source: L. 86: Entire section added, p. 730, § 1, effective May 1. L. 93: Entire section
amended, p. 1561, § 11, effective September 1. L. 94: (1) amended, p. 1540, § 10, effective May
31; (5) amended, p. 2647, § 112, effective July 1. L. 97: (4) amended, p. 562, § 8, effective July
1; (5) amended, p. 1241, § 40, effective July 1.
Cross references: For the legislative declaration contained in the 1994 act amending
subsection (5), see section 1 of chapter 345, Session Laws of Colorado 1994.
14-14-111. Immediate deductions for family support obligations - legislative
declaration - procedures - applicability. (Repealed)
Source: L. 89: Entire section added, p. 805, § 1, effective June 5. L. 90: (2)(b)(I),
(4)(b)(IV)(B), (4)(b)(IV)(C), (4)(b)(IV)(D), (4)(b)(VII), and (11) amended, p. 1415, § 16,
effective June 8; (2)(a) and (4)(b)(IV)(B) amended, p. 892, § 15, effective July 1. L. 92: (2)(b),
(2)(c), (4)(b)(III)(C), (6), and (16) amended and (4)(b)(IV.5) and (4)(b)(IV.6) added, p. 207, §
12, effective August 1. L. 93: (2)(b) amended, p. 1562, § 12, effective September 1. L. 94: (4)(a)
amended, p. 2049, § 9, effective June 3. L. 96: Entire section repealed, p. 600, § 11, effective
July 1.
14-14-111.5. Income assignments for child support or maintenance. (1) Legislative
declaration. The general assembly hereby finds and declares that, for the good of the children of
Colorado and to promote family self-sufficiency, there is a need to strengthen Colorado's child
support enforcement laws and to simplify, streamline, and clarify the existing laws relating to
wage assignments previously provided for in section 14-14-107 and immediate deductions for
family support obligations previously provided for in section 14-14-111. In support of this effort,
the general assembly hereby adopts the term "income assignment" to be used to provide
consistency and standardization of the process for collecting child support and maintenance.
(2) (a) Whenever an obligation for child support, maintenance, child support when
combined with maintenance, retroactive support, medical support, child support arrears, or child
support debt is initially determined, whether temporary or permanent or whether modified, the
amount of child support, maintenance, child support when combined with maintenance,
retroactive support, medical support, child support arrears, or child support debt shall be ordered
by the court or delegate child support enforcement unit to be activated immediately as an income
assignment subject to section 13-54-104 (3), from the income, as defined in section 14-10-115
(3), that is due or is to become due in the future from the obligor's employer, employers, or
successor employers or other payor of funds, regardless of the source, of the person obligated to
pay the child support, maintenance, child support when combined with maintenance, retroactive
support, medical support, child support arrears, or child support debt.
(b) Any order for support must include the following, if available:
(I) The name, date of birth, and sex of each child for whom the support is ordered;
(II) The obligee's name, residential and mailing addresses, and date of birth;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 225 of 247
(III) The total amount of current support to be paid monthly in each category of support;
(IV) The date of commencement of the order and the date or dates of the month that the
payments are due;
(V) The total amount of arrears that is due, if any, in each category of support as of the
date of the order; and
(VI) The obligor's name, residential and mailing addresses, and date of birth.
(3) Activation of income assignment. Income assignments must be activated in
accordance with the following provisions:
(a) Immediate activation of income assignments. (I) (A) Upon entry of an order for
child support, maintenance, child support when combined with maintenance, retroactive support,
medical support, child support arrears, or child support debt, the obligee, the obligee's
representative, or the delegate child support enforcement unit shall cause a notice of income
assignment to be served immediately as described in subsection (4) of this section.
(B) Unless an income assignment is required to be immediately activated pursuant to
subsection (3)(a)(I)(A) of this section, or the income assignment is not subject to immediate
activation pursuant to subsection (3)(a)(II) of this section, an income assignment may be
immediately activated by the obligee, the obligee's representative, or the delegate child support
enforcement unit by causing a notice to withhold income for support to be served upon the
employer, trustee, or other payor of funds pursuant to subsection (4) of this section.
(II) Exceptions to immediate activation of income assignments. Income is not subject
to immediate activation of an income assignment pursuant to this subsection (3)(a) in any case in
which:
(A) One of the parties demonstrates, and the court or the delegate child support
enforcement unit finds in writing, that there is good cause not to require immediate activation of
an income assignment. For the purposes of this sub-subparagraph (A), "good cause" means the
following: There is a written determination and explanation by the court or delegate child
support enforcement unit stating why implementing immediate activation of an income
assignment would not be in the best interests of the child; and the obligor has signed a written
agreement to keep the delegate child support enforcement unit, the obligee, or the obligee's
representative informed of the obligor's current employer and information on any health
insurance coverage to which the obligor has access; and proof is provided that the obligor made
timely payments without the necessity of income assignment in previously ordered child support
obligations.
(B) A written agreement is reached between both parties that provides for an alternative
arrangement, and such agreement is reviewed and approved in the record by the court. For
purposes of this subsection (3)(a)(II)(B), the delegate child support enforcement unit is
considered a party in all cases in which the custodian of a child is receiving support enforcement
services from a delegate child support enforcement unit pursuant to section 26-13-106 (1) and as
such must consent to the alternative written agreement. In all cases in which the custodian of a
child is receiving support enforcement services from a delegate child support enforcement unit
pursuant to section 26-13-106 (2), the obligee or the obligee's representative shall provide the
Colorado Revised Statutes 2023 Uncertified PrintoutPage 226 of 247
delegate child support enforcement unit with notice of any agreement reached between the
parties pursuant to this subsection (3)(a)(II)(B).
(b) (I) to (III) Repealed.
(IV) Agreement to activate. When an income assignment is activated pursuant to this
subsection (3) and arrears are owed, as verified by the affidavit of arrears, the parties may agree
to an amount of payment on the arrears, or the court or delegate child support enforcement unit
may determine an appropriate amount for payment.
(V) Repealed.
(VI) A payment on arrears, plus interest, for support, if any, shall be included in an
activated income assignment; however, the combined payment on current support and arrears is
subject to section 13-54-104 (3), C.R.S.
(VII) Objections to income assignment. (A) The obligor may file with the court a
written objection to the activation of an income assignment pursuant to this subsection (3) no
later than fourteen days after actual notice. The obligor shall mail a copy of the written objection
to the obligee or the obligee's representative.
(B) The objection shall be limited to the defense that there is a mistake of fact such as an
error in the identity of the obligor or in the amount of the support.
(C) If the obligor files an objection, the court shall set and hold a hearing within
forty-two days after the date the income assignment was issued. The court shall deny the
objection without hearing if a defense in subsection (3)(a)(VII)(B) of this section is not alleged.
(D) At a hearing on an objection, the sole issue before the court is whether there was a
mistake of fact as specified in sub-subparagraph (B) of this subparagraph (VII).
(E) At a hearing on an objection, reasonable attorney fees and costs may be awarded to
the prevailing party.
(F) If an objection is based on the amount of arrears, the income assignment may be
activated and enforced as to current support obligations, and the activation of the income
assignment as to arrears shall be stayed pending the outcome of a hearing on such objection.
(4) Notice to withhold income for support. (a) Except as provided in subsection (4)(b)
of this section, a notice to withhold income for support must be served upon the employer,
trustee, or other payor of funds by first-class mail or by electronic service if the employer,
trustee, or other payor of funds mutually agrees with the state child support enforcement agency
to receive such income assignments electronically. Receipt of notice by the employer, trustee, or
other payor of funds confers jurisdiction of the court over the employer, trustee, or other payor
of funds.
(b) A notice to withhold income for support is not required if the obligor's source of
income is unemployment compensation benefits and the custodian of the child is receiving
support enforcement services pursuant to section 26-13-106. In such cases, the state child
support enforcement agency shall electronically intercept the unemployment compensation
benefits through an automated interface with the department of labor and employment.
(c) A notice to withhold income for support must be provided on a federal office of
management and budget-approved income withholding for support form and must contain the
Colorado Revised Statutes 2023 Uncertified PrintoutPage 227 of 247
following information and, except in cases in which the obligee is receiving child support
enforcement services pursuant to section 26-13-106, must include a certified copy of the support
order:
(I) The name and social security number of the obligor;
(II) A statement that withholding must begin no later than the first pay period that begins
at least fourteen working days after the date on the notice to withhold income for support;
(III) Instructions concerning withholding the deductions, including:
(A) The amount to be withheld for current support and current maintenance when
included in the child support order, the amount to be withheld for past due support, the amount
to be withheld for past due maintenance when included in the child support order, the amount to
be withheld for child support debt, the amount to be withheld for medical support, the amount to
be withheld for current maintenance, the amount to be withheld for past due maintenance per
month, and the amount to be withheld for processing fees, if any. In the event that the pay
periods of the employer are more frequent, the employer shall withhold per pay period an
appropriate percentage of the monthly amount due so that the total withheld during the month
will total the monthly amount due.
(B) A statement that the employer, trustee, or other payor of funds may deduct a fee to
defray the cost of withholding and that the employer, trustee, or other payor of funds shall refer
to the laws governing the work state of the employee for the allowable amount of such fee; and
(C) That, if section 13-54-104 (3) applies, the employer, trustee, or other payor of funds
shall not withhold more than the limitations set by said section;
(IV) Instructions about disbursing the withheld amounts, including the requirements that
each disbursement:
(A) Must be forwarded within seven working days after the date of each deduction and
withholding would have been paid or credited to the employee;
(B) Must be forwarded to the address indicated on the notice;
(C) Must be identified by the remittance identifier, the name and social security number
of each obligor, the date the deduction was made, the amount of the payment, and the family
support registry account number for cases ordered to be paid through the family support registry;
and
(D) May be combined with other disbursements in a single payment to the family
support registry, if required to be sent to the registry, if the individual amount of each
disbursement is identified as required by subsection (4)(c)(IV)(C) of this section;
(V) A statement specifying whether or not the obligor is required to provide health
insurance for the children who are the subject of the order;
(VI) A statement that, if the employer, trustee, or other payor of funds fails to withhold
income as the notice to withhold income for support directs, the employer, trustee, or other payor
of funds is liable for both the accumulated amount that should have been withheld from the
obligor's income and any other penalties set by state law;
(VII) A statement that the employer, trustee, or other payor of funds is subject to a fine
determined pursuant to state law for discharging an obligor from employment, refusing to
Colorado Revised Statutes 2023 Uncertified PrintoutPage 228 of 247
employ an obligor, or taking disciplinary action against an obligor because of a notice to
withhold income for support;
(VIII) A statement that the employer shall notify the family support registry, in writing,
if payments are required to be made through the registry promptly after the obligor terminates
employment and that the employer shall provide the family support registry, in writing, with the
obligor's name; date of separation; case identifier, which is the family support registry account
number; last-known home address; and the name and address of the obligor's new employer, if
known;
(IX) A statement that withholding under the notice to withhold income for support has
priority over any other legal process under state law against the same income, that federal tax
levies in effect before receipt of this notice to withhold income for support have priority, and that
the requesting agency should be contacted if there are federal tax levies in effect;
(X) A statement that as long as the obligor is employed by the employer, the income
assignment must not be terminated or modified, except upon written notice by the obligee, the
obligee's representative, the delegate child support enforcement unit, or the court;
(XI) A statement that the employer, trustee, or other payor of funds is required to report
and withhold amounts from lump sum payments such as bonuses, commissions, or severance
pay;
(XII) A statement that Colorado employers, trustees, or other payors of funds must
comply with this section;
(XIII) A statement that, if the designated field on the notice to withhold income for
support is checked, the employer, trustee, or other payor of funds is required to provide a copy of
the notice to withhold income for support to the obligor; and
(XIV) A statement that a fraudulent submission of a notice to withhold income for
support subjects the person submitting the notice to an employer, trustee, or other payor of funds
to a fine of not less than one hundred dollars and court costs and attorney fees.
(4.5) When a Colorado employer receives an income assignment, or its equivalent,
issued by another state, the employer shall apply the income assignment law of the obligor's
principal state of employment. The obligor's principal state of employment shall be presumed to
be Colorado unless there is a specific employment contract to the contrary.
(4.7) Income assignments must be paid through the family support registry pursuant to
section 26-13-114.
(5) When activated, an income assignment shall be a continuing income assignment and
shall remain in effect and shall be binding upon any employer, trustee, or other payer of funds
upon whom it is served until further notice from the obligee, the obligee's representative, the
delegate child support enforcement unit, or the court.
(6) Priority. (a) A notice of income assignment for support shall have priority over any
garnishment, attachment, or lien.
(b) If there is more than one income assignment for support for the same obligor, the
total amount withheld, which is subject to the limits specified in section 13-54-104 (3), C.R.S.,
shall be distributed in accordance with the priorities set forth in this paragraph (b):
Colorado Revised Statutes 2023 Uncertified PrintoutPage 229 of 247
(I) (A) First priority shall be given to income assignments for orders for current monthly
child support obligations and maintenance when included in the child support order.
(B) If the amount withheld is sufficient to pay the current monthly support and
maintenance for all orders, the employer or other payer of funds shall distribute the amount to all
orders and proceed to the second priority to distribute any remaining withholding. If the amount
withheld is not sufficient to pay the current monthly support and maintenance in all orders, the
employer shall add the current monthly support and maintenance in all orders for a total and then
divide the amount of current monthly support and maintenance in each order by the total to
determine the percent of the total for each order. The percent for each order derived from such
calculation shall be multiplied by the total amount withheld to determine what proportionate
share of the amount withheld shall be paid for each order.
(II) (A) Second priority shall be given to income assignments for all orders for medical
support when there is a specific amount ordered for medical support.
(B) If the amount withheld is sufficient to pay the medical support for all orders, the
employer shall distribute the amount to all orders and proceed to the third priority to distribute
any remaining withholding. If the amount withheld is not sufficient to pay the medical support in
all orders, the employer shall add the medical support in all orders for a total and then divide the
amount of medical support in each order by the total to determine the percent of the total for
each order. The percent for each order derived from such calculation shall be multiplied by the
total amount withheld to determine what proportionate share of the amount withheld shall be
paid for each order.
(III) (A) Third priority shall be given to income assignments for child support debt and
support arrears, including medical support arrears.
(B) If the amount withheld is sufficient to pay the child support debt and support arrears
for all orders, the employer shall distribute the amount to all orders and proceed to the fourth
priority to distribute any remaining withholding. If the amount withheld is not sufficient to pay
the child support debt and support arrears in all orders, the employer shall add the child support
debt and support arrears in all orders for a total and then divide the amount of child support debt
and support arrears in each order by the total to determine the percent of the total for each order.
The percent for each order derived from such calculation shall be multiplied by the total amount
withheld to determine what proportionate share of the amount withheld shall be paid for each
order.
(IV) (A) Fourth priority shall be given to income assignments for orders for maintenance
only.
(B) If the amount withheld is sufficient to pay the maintenance only for all orders, the
employer shall distribute the amount to all orders. If the amount withheld is not sufficient to pay
the maintenance only in all orders, the employer shall add the maintenance only in all orders for
a total and then divide the amount of maintenance only in each order by the total to determine
the percent of the total for each order. The percent for each order derived from such calculation
shall be multiplied by the total amount withheld to determine what proportionate share of the
amount withheld shall be paid for each order.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 230 of 247
(7) No employer, trustee, or other payer of funds who complies with a notice of income
assignment issued pursuant to this section and as provided in subsection (8) of this section shall
be liable to the obligor for wrongful withholding.
(8) An employer, trustee, or other payer of funds subject to this section who:
(a) Fails to abide by the terms enumerated in the notice of income assignment may be
held in contempt of court;
(b) Wrongfully fails to withhold income or distribute payment in accordance with the
provisions of this section is liable for the accumulated amount the employer, trustee, or other
payer of funds should have withheld and not disbursed from the obligor's income, including,
upon personal service pursuant to rule 4 of the Colorado rules of civil procedure, being subject to
the jurisdiction of the court for purposes of entry of judgment pursuant to sections 13-52-101 to
13-52-111 and rule 54 of the Colorado rules of civil procedure, up to the amount wrongfully
withheld and costs associated with establishing and enforcing the judgment and any other
penalties set by state law;
(c) Discharges, refuses to hire, or takes disciplinary action against an employee because
of the entry or service of an income assignment pursuant to this section may be held in contempt
of court or be subject to a fine.
(9) If an employer discharges an employee in violation of the provisions of this section,
the employee may, within ninety-one days, bring a civil action for the recovery of wages lost as
a result of the violation and for an order requiring the reinstatement of the employee. Damages
recoverable shall be lost wages not to exceed six weeks, costs, and reasonable attorney fees.
(10) (a) The obligee, the obligee's representative, the delegate child support enforcement
unit, or the court shall promptly notify the employer, trustee, or other payer of funds, in writing,
when an income assignment is modified or terminated.
(b) An income assignment must be modified when:
(I) The support order is modified by the court; or
(II) The arrears payment is modified pursuant to subsection (3)(b)(IV) of this section.
(c) An income assignment shall be terminated when all current maintenance when
included in the child support order, past due support, past due maintenance when included in the
child support order, child support debt, medical support, current monthly child support, current
maintenance, past due maintenance, and processing fees, if any, owed under the support order
are paid in full.
(11) Disbursements received from the employer, trustee, or other payer of funds by a
delegate child support enforcement unit shall be promptly distributed.
(12) The clerk of the court shall provide, upon request, any information required by the
parties about any support order or any order affecting an order for support, including judgments
and registered orders.
(13) The department of human services is hereby designated as the income withholding
agency as required by the federal "Social Security Act", as amended.
(14) This section applies to any action brought under this article or article 5, 6, or 10 of
this title or under article 4 or 6 of title 19, C.R.S., or under article 13.5 of title 26, C.R.S.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 231 of 247
(15) Nothing in this section shall affect the availability of any other method for
collecting child support, maintenance, child support when combined with maintenance,
retroactive support, medical support, child support arrears, or child support debt.
(16) Income assignments under this section shall be issued by a delegate child support
enforcement unit under the provisions of the "Colorado Administrative Procedure Act for the
Establishment and Enforcement of Child Support", created in article 13.5 of title 26, C.R.S.
(16.3) The employer, trustee, or other payer of funds shall include with the first
disbursement an indication of whether dependent health insurance coverage is available to the
obligor and whether the obligor has elected to enroll the dependents who are the subject of the
order in such coverage and that such information shall be included in a disbursement at least
annually thereafter or at the next disbursement in the event of any change in the status of health
insurance availability or coverage.
(16.5) The employer shall not be required to collect, possess, or control the obligor's tips,
and any such tips shall not be owed by an employer to an obligor.
(16.7) The employer, trustee, or other payer of funds may extract a processing fee of up
to five dollars per month from the remainder of the obligor's income after the deduction and
withholding.
(17) For purposes of this section, unless the context otherwise requires, "income" means
wages as defined in section 14-14-102 (9).
(18) (Deleted by amendment, L. 2000, p. 1704, § 2, effective July 1, 2000.)
(19) A person submitting a fraudulent notice to withhold income for support to an
employer, trustee, or other payor of funds is subject to a fine of not less than one hundred dollars
plus court costs and attorney fees.
Source: L. 96: Entire section added, p. 600, § 12, effective July 1. L. 97: (2)(f), IP(4),
(4)(d)(I), (4)(i), and (8)(c) amended and (4.5) and (18) added, p. 1271, § 10, effective July 1. L.
98: (3)(b)(III) amended, p. 766, § 15, effective July 1. L. 99: (2)(f)(II) amended, p. 1085, § 3,
effective July 1. L. 2000: (2)(a)(II)(E), IP(4), (4), (8)(b), (10)(c), and (18) amended and (4)(m),
(4)(n), (16.3), (16.5), (16.7), and (19) added, pp. 1704, 1708, §§ 2, 3, effective July 1. L. 2002:
IP(4) amended, p. 23, § 2, effective July 1. L. 2007: (2)(f)(I) amended, p. 108, § 4, effective
March 16. L. 2011: IP(4) amended, (SB 11-123), ch. 46, p. 119, § 4, effective August 10. L.
2012: (3)(b)(II)(I), (3)(b)(II)(K), (3)(b)(VII)(A), (3)(b)(VII)(C), IP(4), and (9) amended, (SB
12-175), ch. 208, p. 835, § 38, effective July 1. L. 2021: (2), IP(3), (3)(a)(I), IP(3)(a)(II),
(3)(a)(II)(B), (3)(b)(IV), (3)(b)(VII)(A), (3)(b)(VII)(C), (4), and (10)(b) amended, (3)(b)(I),
(3)(b)(II), (3)(b)(III), and (3)(b)(V) repealed, and (4.7) added (HB 21-1220), ch. 212, p. 1121, §
4, effective July 1; (19) amended, (SB 21-271), ch. 462, p. 3159, § 161, effective March 1, 2022.
L. 2023: (4)(c)(XIV), (8)(b), and (19) amended, (SB 23-173), ch. 330, p.1975, § 5, effective
June 2.
Cross references: For the legislative declaration contained in the 1997 act amending
subsection (2)(f), the introductory portion to subsection (4), and subsections (4)(d)(I), (4)(i), and
Colorado Revised Statutes 2023 Uncertified PrintoutPage 232 of 247
(8)(c) and enacting subsections (4.5) and (18), see section 1 of chapter 236, Session Laws of
Colorado 1997.
14-14-112. Deductions for health insurance. (1) In all orders which direct the obligor
to provide health insurance for any child, the court or delegate child support enforcement unit
shall include a provision directing the obligor's employer to enroll such child and the obligor, if
enrollment of the obligor is a requirement of the plan, in the health insurance plan and to deduct
from the wages due the obligor an amount sufficient to provide for premiums for health
insurance when such insurance is offered by the employer, including any employer subject to the
provisions of section 607 (1) of the federal "Employee Retirement Income Security Act of
1974", as amended. For all orders entered prior to August 1, 1992, which direct the obligor to
provide health insurance for any child, the obligee or the obligee's representative shall send a
copy of the notice of the deduction for health insurance, by first-class mail, to the obligor
concurrent with mailing of the notice to the obligor's employer pursuant to subsection (2) of this
section. The court or the delegate child support enforcement unit shall direct the obligor to notify
the court, or unit if the delegate child support enforcement unit is a party to the court action, in
writing, of any change of address or employment within ten days after the change.
(1.5) Effective July 1, 2002, the delegate child support enforcement unit shall follow the
procedure set forth in section 26-13-121.5, C.R.S., for the enforcement of orders for health
insurance.
(2) The obligee or the obligee's representative shall mail notice of the deduction for
health insurance to the obligor's employer. The notice of the deduction for health insurance must
contain:
(a) The name, address, and social security number of the obligor;
(b) The name, birthdate, and social security number of any of the children to be covered
by the health insurance;
(c) A statement that the employer shall enroll an obligor's child in the health insurance
plan in which the obligor is enrolled if the child can be covered under that plan or, if the obligor
is not enrolled, in the least costly plan otherwise available to the child, regardless of the marital
status of the child's parents when he or she was born or whether the child is claimed as a
dependent on the obligor's federal or state income tax return, lives with the obligor, or lives
within the insurer's service area, notwithstanding any other provision of law restricting
enrollment to persons who reside in an insurer's service area;
(d) A statement that the deduction for health insurance is to take effect no later than the
first pay period after fourteen days from the date on which the notice is mailed to the employer
or from the date on which the obligor submits an oral or written request to the employer,
whichever occurs sooner, and that the deduction for health insurance is treated as a significant
life change under open enrollment requirements;
(e) A statement that compliance with the notice to deduct for health insurance shall not
subject the employer to liability to the obligor for wrongful withholding;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 233 of 247
(f) A statement that noncompliance with the notice to deduct for health insurance may
subject the employer to the liability and sanctions specified in subsection (5) of this section;
(g) A statement that the employer shall promptly notify the court, obligee, or delegate
child support enforcement unit in writing within fourteen days after the obligor terminates
employment and shall provide, if known, the name of the obligor's new employer;
(h) A statement that, as long as the obligor is employed by the employer, the notice to
deduct for health insurance shall not be terminated or modified, except as follows:
(I) Upon written notice by the court, obligee, or delegate child support enforcement unit;
(II) Upon written verification, provided by the obligor to the employer, the employer
determines that the child has been enrolled in a comparable health insurance plan that takes
effect no later than the effective date on which the child is no longer enrolled under the plan
offered by the obligor's employer; or
(III) Upon the employer's elimination of family health coverage for all employees;
(i) A statement that the employer may not discharge or refuse to hire or take disciplinary
action against an employee because of the entry or service of a notice to deduct for health
insurance issued and executed pursuant to this section and that such a violation may result in a
finding of contempt of court;
(j) A statement that if the obligor or employer enrolls the dependents who are the subject
of the order in health insurance coverage available through the employer, the employer shall
send a copy of such enrollment to the location identified on the notice;
(k) A statement that when a child is no longer enrolled under a family health plan for the
reasons described in subparagraphs (I) to (III) of paragraph (h) of this subsection (2), the
employer within fourteen days after the termination of coverage shall send to the location
described on the health insurance premium notice a written notice of cancellation of enrollment
or a copy of the verification provided by the obligor to the employer that the child is enrolled in
a comparable health plan;
(l) A statement that the obligor may file an objection to the notice of the deduction for
health insurance with the court if the premium amount does not meet the definition of reasonable
cost as provided in section 14-10-115 (10)(g). A premium amount that results in a child support
order of fifty dollars or less or that is twenty percent or more of the obligor's gross income shall
not be considered reasonable.
(2.5) If an obligor enrolls a child in a health insurance plan other than one provided
through the obligor's employment, the obligee, the obligee's representative, or the delegate child
support enforcement unit shall send, by first-class mail, a written notice to such health insurance
provider with whom the obligor enrolls the child stating that:
(a) The obligor is under a court order to provide health insurance coverage for a child;
(b) The insurance provider shall notify the obligee, the obligee's representative, or the
delegate child support enforcement unit of any cancellation of the coverage.
(3) No employer who complies with a notice to deduct for health insurance benefits
pursuant to this section shall be liable to the obligor for wrongful withholding.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 234 of 247
(4) No employer shall discharge or refuse to hire or take disciplinary action against an
employee because of the entry or service of a notice to deduct for health insurance issued and
executed pursuant to this section. Any person who violates this subsection (4) may be deemed by
the court to be subject to contempt of court.
(5) An employer who wrongfully fails to deduct for health insurance in accordance with
the provisions of this section may be held liable for an amount up to the accumulated amount of
such premiums the employer or payer should have withheld from the obligor's wages.
(6) When an employer is served with a notice to deduct for health insurance pursuant to
this section, and the obligor is no longer employed by the employer, the employer shall promptly
notify the court in writing of the obligor's last-known address, social security number, and the
name of the obligor's new employer, if known.
(7) If an employer discharges an employee in violation of the provisions of this section,
the employee may, within ninety days, bring a civil action for the recovery of wages lost as a
result of the violation and for an order requiring the reinstatement of the employee. Damages
recoverable shall be lost wages not to exceed six weeks, costs, and reasonable attorney fees.
(8) A notice to deduct for health insurance issued and served pursuant to this section
shall be continuing and shall remain in effect and be binding on any current or successor
employer upon whom it is served until further notice by the court, obligee, obligee's
representative, or delegate child support enforcement unit.
(9) The court, obligee, obligee's representative, or delegate child support enforcement
unit shall promptly notify the employer, in writing, when a notice to deduct for health insurance
is modified or terminated. A notice to deduct for health insurance shall be terminated when the
court order requiring health insurance is terminated.
(10) Deductions for health insurance shall also be ordered by a delegate child support
enforcement unit under the provisions of the "Colorado Administrative Procedure Act for the
Establishment and Enforcement of Child Support", created in article 13.5 of title 26, C.R.S.
Source: L. 92: Entire section added, p. 169, § 4, effective August 1. L. 93: (2)(c)
amended and (2)(j) added, p. 1563, § 13, effective September 1. L. 94: (1) amended, p. 1540, §
11, effective July 1; (1), (2)(c), (2)(d), and (2)(h) amended and (2)(k) added, p. 1596, § 5,
effective July 1. L. 96: (2.5) added, p. 586, § 1, effective July 1. L. 97: IP(2) amended and (2)(l)
added, p. 1273, § 11, effective July 1. L. 98: IP(2) amended, p. 757, § 7, effective July 1. L.
2002: (1), IP(2), (2)(l), and (6) amended and (1.5) added, p. 24, § 3, effective July 1. L. 2007:
(2)(l) amended, p. 108, § 5, effective March 16. L. 2012: (2)(g) amended, (SB 12-175), ch. 208,
p. 836, § 39, effective July 1. L. 2018: IP(2) and (2)(c) amended, (SB 18-095), ch. 96, p. 754, §
10, effective August 8.
Editor's note: Amendments to subsection (1) by Senate Bill 94-088 and Senate Bill
94-164 were harmonized.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 235 of 247
Cross references: (1) For the legislative declaration contained in the 1997 act amending
the introductory portion to subsection (2) and enacting subsection (2)(l), see section 1 of chapter
236, Session Laws of Colorado 1997. For the legislative declaration in SB 18-095, see section 1
of chapter 96, Session Laws of Colorado 2018.
(2) For the "Employee Retirement Income Security Act of 1974", see Pub.L. 93-406,
codified at 29 U.S.C. sec. 1001 et seq.
14-14-113. Recordation of social security numbers in certain family matters. (1) (a)
(I) Except as otherwise provided in subparagraph (II) of this paragraph (a), effective July 1,
1997, every application for, or application for the renewal of, a professional or occupational
license or certificate, a commercial driver's license pursuant to section 42-2-403, C.R.S., or a
marriage license pursuant to section 14-2-105 sought by an individual person shall require the
applicant's social security number. Such social security number shall be recorded on the
application regardless of the licensing agency's use of another number on the social security field
on the license. Nothing in this paragraph (a) shall be construed to require that a person's social
security number appear on the professional or occupational license, commercial driver's license,
or marriage license.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a), if an
applicant for a professional or occupational license, commercial driver's license, or marriage
license submits a sworn statement, together with the application, stating that the applicant does
not have a social security number, such applicant shall not be required to provide a social
security number on his or her application as required in subparagraph (I) of this paragraph (a).
(b) The judicial department shall maintain records of the parties' and children's social
security numbers in family matters filed under articles 10 and 14 of this title, articles 4 and 6 of
title 19, C.R.S., and article 13.5 of title 26, C.R.S. Nothing in this paragraph (b) shall require that
a person's social security number appear on the face of the court order.
(c) All death certificates issued pursuant to section 25-2-110, C.R.S., shall identify the
decedent's social security number, if available.
(2) (a) Access to records via the social security number provided in subsection (1) of this
section and the security of those records shall be in accordance with section 26-13-107, C.R.S.
Access shall be limited to the department of human services only for the purposes of
establishing, modifying, or enforcing child support.
(b) Access to records via the social security number provided in subsection (1) of this
section may be made by departments within their area of regulatory authority.
(3) In addition to the provisions of subsection (2) of this section, the child support
enforcement agency and the delegate child support enforcement units, when exercising authority
pursuant to this section, shall be subject to the privacy provisions of section 26-13-102.7, C.R.S.
Source: L. 97: Entire section added, p. 1274, § 12, effective July 1. L. 99: (3) amended,
p. 622, § 17, effective August 4. L. 2000: (1)(a) amended, p. 1715, § 12, effective July 1. L.
2008: (1)(b) amended, p. 1347, § 2, effective July 1.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 236 of 247
Cross references: For the legislative declaration contained in the 1997 act enacting this
section, see section 1 of chapter 236, Session Laws of Colorado 1997.
CIVIL UNION
ARTICLE 15
Colorado Civil Union Act
Law reviews: For article, "Colorado Civil Union Act", see 42 Colo. Law. 91 (July 2013);
for article, "Benefits Issues Arise When Same-Sex Relationships End", see 42 Colo. Law. 77
(Aug. 2013); for article, "DOMA After U.S. v. Windsor: Navigating an Era of Change Part I",
see 43 Colo. Law. 65 (May 2014).
14-15-101. Short title. This article is known as the "Colorado Civil Union Act".
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 147, § 1, effective May 1.
14-15-102. Legislative declaration. The general assembly declares that the public policy
of this state, as set forth in section 31 of article II of the state constitution, recognizes only the
union of one man and one woman as a marriage. The general assembly declares that the purpose
of this article is to provide eligible couples the opportunity to obtain the benefits, protections,
and responsibilities afforded by Colorado law to spouses consistent with the principles of
equality under law and religious freedom embodied in both the United States constitution and
the constitution of this state. The general assembly declares that a second purpose of the act is to
protect individuals who are or may become partners in a civil union against discrimination in
employment, housing, and in places of public accommodation. The general assembly further
finds that the general assembly, in the exercise of its plenary power, has the authority to define
other arrangements, such as a civil union between two unmarried persons regardless of their
gender, and to set forth in statute any state-level benefits, rights, and protections to which a
couple is entitled by virtue of entering into a civil union. The general assembly finds that the
"Colorado Civil Union Act" does not alter the public policy of this state, which recognizes only
the union of one man and one woman as a marriage. The general assembly also declares that a
third purpose in enacting the "Colorado Civil Union Act" is to state that Colorado courts may
offer same-sex couples the equal protection of the law and to give full faith and credit to
recognize relationships legally created in other jurisdictions that are similar to civil unions
created by this article and that are not otherwise recognized pursuant to Colorado law.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 147, § 1, effective May 1.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 237 of 247
Cross references: For the validity or recognition of marriages in this state, see section 31
of article II of the state constitution.
14-15-103. Definitions. As used in this article, unless the context otherwise requires:
(1) "Civil union" means a relationship established by two eligible persons pursuant to
this article that entitles them to receive the benefits and protections and be subject to the
responsibilities of spouses.
(2) "Civil union certificate" means a document that certifies that the persons named in
the certificate have established a civil union in this state in compliance with this article.
(3) "Department" means the department of public health and environment.
(4) "Marriage" means the legally recognized union of one man and one woman.
(5) "Partner in a civil union" or "party to a civil union" means a person who has
established a civil union pursuant to this article.
(6) "Spouses" means two persons who are married pursuant to the provisions of the
"Uniform Marriage Act", part 1 of article 2 of this title.
(7) "State registrar" means the state registrar of vital statistics in the department.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 148, § 1, effective May 1.
14-15-104. Requisites of a valid civil union. (1) To establish a civil union in Colorado,
the two parties to the civil union shall satisfy all of the following criteria:
(a) Both parties are adults, regardless of the gender of either party;
(b) Neither party is a party to another civil union;
(c) Neither party is married to another person.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 148, § 1, effective May 1.
14-15-105. Individual - civil union with relative - prohibited. (1) An individual shall
not enter into a civil union with an ancestor or a descendant or with a brother or a sister, whether
the relationship is by the half or the whole blood.
(2) An individual shall not enter into a civil union with an uncle or aunt or with a niece
or nephew, whether the relationship is by the half or the whole blood.
(3) A civil union between persons prohibited from entering into a civil union by
subsection (1) or (2) of this section is void.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 148, § 1, effective May 1.
14-15-106. Restrictions as to minors and wards. (1) A county clerk and recorder shall
not issue a civil union license if either party to the intended civil union is:
(a) Under eighteen years of age; or
Colorado Revised Statutes 2023 Uncertified PrintoutPage 238 of 247
(b) Eighteen years of age or older and under guardianship, unless the party under
guardianship has the written consent of his or her guardian.
(2) A violation of subsection (1) of this section makes the civil union void.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 149, § 1, effective May 1.
14-15-107. Rights, benefits, protections, duties, obligations, responsibilities, and
other incidents of parties to a civil union. (1) A party to a civil union has the rights, benefits,
protections, duties, obligations, responsibilities, and other incidents under law as are granted to
or imposed upon spouses, whether those rights, benefits, protections, duties, obligations,
responsibilities, and other incidents derive from statute, administrative or court rule, policy,
common law, or any other source of law.
(2) A party to a civil union is included in any definition or use of the terms "dependent",
"family", "heir", "immediate family", "next of kin", "spouse", and any other term that denotes
the familial or spousal relationship, as those terms are used throughout the Colorado Revised
Statutes.
(3) Parties to a civil union are responsible for the financial support of one another in the
manner prescribed under law for spouses.
(4) The law of domestic relations, including but not limited to declaration of invalidity,
legal separation, dissolution, child custody, allocation of parental responsibilities, parenting
time, child support, property division, maintenance, and award of attorney fees, applies to civil
unions.
(5) Rights, benefits, protections, duties, obligations, responsibilities, and other incidents
under law as are granted to or imposed upon spouses, that apply in like manner to parties to a
civil union under this section, include but are not limited to:
(a) Laws relating to title, survivorship, or other incidents of or presumptions with respect
to the acquisition, ownership, or transfer, inter vivos or at death, of real or personal property;
(b) Causes of action related to or dependent upon spousal status, including an action
based on wrongful death, emotional distress, loss of consortium, dramshop laws, or other torts or
actions under contracts reciting, related to, or dependent upon spousal status;
(c) Prohibitions against discrimination based upon spousal status, including but not
limited to the provisions of parts 3 to 7 of article 34 of title 24, C.R.S.;
(d) Title 15, C.R.S., including but not limited to matters concerning decedents' estates,
wills, trusts, intestate succession, nonprobate transfers, wards, protected persons, and priority for
appointment as a conservator, guardian, or personal representative;
(e) Workers' compensation benefits;
(f) The right of a partner in a civil union to be treated as a family member or as a spouse
under the "Colorado Employment Security Act" for purposes of unemployment benefits;
(g) Adoption law and procedure;
(h) Group benefit plans for state employees pursuant to part 6 of article 50 of title 24,
C.R.S.;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 239 of 247
(i) The right to designate a party to a civil union as a beneficiary under the state public
employees' retirement system;
(j) Survivor benefits under local government firefighter and police pensions;
(k) Domestic violence programs pursuant to article 7.5 of title 26, emergency protection
orders pursuant to section 13-14-103, and the right to receive the protections and programs
specified in part 8 of article 6 of title 18;
(l) Rights to apply for compensation as a relative of a victim under the "Colorado Crime
Victim Compensation Act", pursuant to part 1 of article 4.1 of title 24, C.R.S., rights to receive
restitution under part 2 of article 4.1 of title 24, C.R.S., and the right to be informed of critical
stages of the criminal justice process and to be accorded the rights and protections of victims of
and witnesses to crimes under parts 2 and 3 of article 4.1 of title 24, C.R.S.;
(m) Laws, policies, or procedures relating to emergency and nonemergency medical care
and treatment and hospital visitation and notification, including the rights of nursing home
patients described in section 25-1-120, C.R.S.;
(n) [Editor's note: This version of subsection (5)(n) is effective until July 1, 2024.]
Laws or rules regarding the right to visit a partner who is in a correctional facility, as defined in
section 17-1-102 (1.7), a local jail, as defined in section 17-1-102 (7), or a private contract
prison, as defined in section 17-1-102 (7.3), or who is receiving treatment in a public hospital or
a licensed private hospital, clinic, community mental health center or clinic, or acute treatment
unit, or institution that provides treatment for a person with a behavioral or mental health
disorder;
(n) [Editor's note: This version of subsection (5)(n) is effective July 1, 2024.] Laws or
rules regarding the right to visit a partner who is in a correctional facility, as defined in section
17-1-102 (1.7), a local jail, as defined in section 17-1-102 (7), or a private contract prison, as
defined in section 17-1-102 (7.3), or who is receiving treatment in a public hospital or a licensed
private hospital, clinic, behavioral health safety net provider, or institution that provides
treatment for a person with a behavioral or mental health disorder;
(o) Laws relating to:
(I) Declarations concerning the administration, withholding, or withdrawing of medical
treatment, which declarations are made pursuant to the provisions of the "Colorado Medical
Treatment Decision Act", article 18 of title 15, C.R.S.;
(II) Proxy decision-makers for medical treatment and surrogate decision-makers for
health-care benefit decisions, as described in article 18.5 of title 15, C.R.S.;
(III) Directives relating to cardiopulmonary resuscitation, as described in article 18.6 of
title 15, C.R.S.; and
(IV) Directives concerning medical orders for scope of treatment forms, as described in
article 18.7 of title 15, C.R.S.;
(p) Rights concerning direction of the disposition of the last remains of a deceased party
to a civil union pursuant to article 19 of title 15, C.R.S.;
(q) Laws relating to making, revoking, and objecting to anatomical gifts by others
pursuant to the "Revised Uniform Anatomical Gift Act", part 2 of article 19 of title 15;
Colorado Revised Statutes 2023 Uncertified PrintoutPage 240 of 247
(r) Family leave benefits;
(s) Public assistance benefits pursuant to state law;
(t) Laws relating to immunity from compelled testimony and evidentiary privileges
pursuant to section 13-90-107, C.R.S.;
(u) The right to apply for emergency or involuntary certification of a party to a civil
union;
(v) The homestead rights of a spouse pursuant to part 2 of article 41 of title 38, C.R.S.;
(w) The ability to protect exempt property from attachment, execution, or garnishment;
(x) (I) Insurance policies for life insurance, including the ability to cover a party to a
civil union as a dependent.
(II) This paragraph (x) is effective for plans issued, delivered, or renewed on or after
January 1, 2014.
(y) (I) Insurance coverage provided by a health coverage plan, including the ability to
cover a party to a civil union as a dependent.
(II) This paragraph (y) is effective for plans issued, delivered, or renewed on or after
January 1, 2014.
(z) (I) Other insurance policies that provide coverage relating to joint ownership of
property.
(II) This paragraph (z) is effective for plans issued, delivered, or renewed on or after
January 1, 2014.
(6) The responsibilities and rights of parties to a civil union with respect to the biological
child of one of the parties, which child is conceived during the term of the civil union, are
determined as if the parties were spouses subject to the provisions of section 19-4-105, C.R.S. A
party to a civil union has the right to adopt through the same process outlined for a stepparent
adoption in accordance with section 19-5-203, C.R.S., if the child of the other party to the civil
union is otherwise available for adoption pursuant to section 19-5-203 (1)(d), C.R.S.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 149, § 1, effective May 1.
L. 2017: (5)(n) amended, (SB 17-242), ch. 263, p. 1295, § 114, effective May 25; (5)(q)
amended, (SB 17-223), ch. 158, p. 558, § 5, effective August 9. L. 2020: (5)(u) amended, (SB
20-136), ch.70, p. 282, § 5, effective September 14. L. 2022: (5)(k) amended, (SB 22-183), ch.
194, p. 1304, § 11, effective May 19; (5)(n) amended, (HB 22-1278), ch. 222, p. 1588, § 219,
effective July 1, 2024.
Cross references: (1) For the "Colorado Employment Security Act", see articles 70 to
82 of title 8.
(2) For the legislative declaration in SB17-242, see section 1 of chapter 263, Session
Laws of Colorado 2017. For the legislative declaration in SB 20-136, see section 1 of chapter 70,
Session Laws of Colorado 2020.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 241 of 247
14-15-108. Modification of civil union terms through an agreement. (1) Parties to a
civil union may create agreements modifying the terms, conditions, or effects of a civil union in
the manner specified in part 3 of article 2 of this title.
(2) Notwithstanding the provisions of subsection (1) of this section, the provisions of
this article and the provisions of part 3 of article 2 of this title do not invalidate or affect an
otherwise valid domestic partnership agreement or civil contract between two individuals who
are not married to each other in which the individuals set forth an agreement about the rights and
responsibilities regarding matters similar to those that may be addressed by a contract under part
3 of article 2 of this title if the agreement or contract was made prior to May 1, 2013, or, if made
on or after May 1, 2013, the agreement or contract is not made in contemplation of entering into
a civil union under this article.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 152, § 1, effective May 1.
14-15-109. Civil union license and certificate. (1) The executive director of the
department shall prescribe the form for an application for a civil union license, consisting of, at a
minimum, the following information:
(a) Name, sex, address, social security number, and date and place of birth of each party
to the proposed civil union. For such purpose, proof of date of birth may be obtained from a birth
certificate, a driver's license, or other comparable evidence.
(b) If either party has previously been married or has previously been a party to a civil
union, the name of the spouse or the name of the other party and the date, place, and court in
which the marriage or civil union was dissolved or declared invalid or the date and place of
death of the deceased spouse or the deceased party to a civil union;
(c) Name and address of the parents or guardian of each party; and
(d) Whether the parties are related to each other and, if so, their relationship.
(2) The executive director of the department shall prescribe the forms for the civil union
license and the civil union certificate. The department shall provide the forms to the county clerk
and recorders in the state.
(3) A civil union license and a civil union certificate do not constitute evidence of the
parties' intent to create a common law marriage.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 152, § 1, effective May 1.
L. 2016: (3) added, (SB 16-150), ch. 263, p. 1080, § 4, effective June 8.
Cross references: For the legislative declaration in SB 16-150, see section 1 of chapter
263, Session Laws of Colorado 2016.
14-15-110. Issuance of a civil union license - certification - fee. (1) When both parties
to a proposed civil union complete a civil union application and at least one party appears, or
both parties appeared if permitted pursuant to section 14-2-106.5, before the county clerk and
Colorado Revised Statutes 2023 Uncertified PrintoutPage 242 of 247
recorder and pays to the county clerk and recorder the civil union license fee and other fees
described in subsection (2) of this section, and the county clerk and recorder determines that the
parties meet the criteria specified in sections 14-15-104, 14-15-105, and 14-15-106, the county
clerk and recorder shall issue a civil union license and a civil union certificate form. Both parties
to the proposed civil union shall sign the application attesting to the accuracy of the facts stated.
(2) The civil union license fee is seven dollars plus an additional amount established
pursuant to section 25-2-121, C.R.S. The county clerk and recorder shall forward the additional
amount to the state treasurer who shall credit it to the vital statistics records cash fund pursuant
to section 25-2-121, C.R.S. In addition, the county clerk and recorder shall collect a fee of
twenty dollars to be transmitted by the county clerk and recorder to the state treasurer who shall
credit the same to the Colorado domestic abuse program fund created in section 39-22-802 (1),
C.R.S.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 153, § 1, effective May 1.
L. 2023: (1) amended, (HB 23-1278), ch. 291, p. 1758, § 3, effective August 7.
14-15-110.5. Civil union license and certificate without appearing in person. (1) A
county clerk and recorder may permit the parties to a proposed civil union to satisfy the
requirement to appear before the county clerk and recorder by an interactive audiovisual
communication technology or online functionality, for the following limited purposes:
(a) To verify application information;
(b) To present satisfactory proof, as required, that each party to the civil union meets the
criteria to enter into a civil union;
(c) To present satisfactory proof that the civil union is not prohibited; or
(d) To pay required fees.
(2) A county clerk and recorder shall not permit the procedure described in subsection
(1) of this section if either of the parties are under eighteen years of age, or if the parties are
using interactive audiovisual technology and are unable to appear together. Nothing in this
section changes any requirement that must be satisfied in the state of Colorado.
(3) A county clerk and recorder who permits the parties to a proposed civil union to
satisfy certain requirements without appearing in person and staff members who carry out duties
on behalf of the county clerk and recorder pursuant to this section shall complete the training and
curricula developed by the human trafficking council created in section 18-3-505 for persons
who work in or who frequent places where human trafficking victims are likely to appear. The
training and curricula must be completed prior to permitting parties to a proposed civil union to
satisfy certain requirements without appearing in person pursuant to this section; except that if a
county clerk and recorder permits the parties to a proposed civil union to satisfy certain
requirements without appearing in person on and before June 18, 2021, the training and curricula
must be completed no later than thirty days after June 18, 2021. A county clerk and recorder who
permits the parties to a proposed civil union to satisfy certain requirements without appearing in
person shall maintain records demonstrating compliance with this subsection (3) and shall
Colorado Revised Statutes 2023 Uncertified PrintoutPage 243 of 247
display a notice of compliance with this subsection (3) in a place that is accessible to the public
in the county clerk and recorder's office and on its website. A county clerk and recorder and staff
members who carry out duties of the county clerk and recorder shall complete the training and
curricula requirements pursuant to this subsection (3) at least once every year for as long as the
county clerk and recorder permits the parties to a proposed civil union to satisfy certain
requirements without appearing in person pursuant to this section.
(4) Repealed.
Source: L. 2021: Entire section added, (HB 21-1287), ch. 264, p. 1538, § 2, effective
June 18. L. 2023: IP(1) and (3) amended and (4) repealed, (HB 23-1278), ch. 291, p. 1758, § 4,
effective August 7.
14-15-111. When civil union licenses issued - validity. The county clerk and recorder
shall issue a civil union license only during the hours that the office of the county clerk and
recorder is open as prescribed by law and at no other time and shall show the exact date and hour
of the license's issue. A civil union license is not valid for use outside the state of Colorado.
Within the state, a civil union license is not valid for more than thirty-five days after the date of
issue. If a civil union license is not used within thirty-five days, it is void, and one of the parties
shall return the civil union license to the county clerk and recorder that issued the license for
cancellation.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 153, § 1, effective May 1.
14-15-112. Persons authorized to certify civil unions - registration - fee. (1) A civil
union may be certified by a judge of a court, by a district court magistrate, by a county court
magistrate, by a retired judge of a court, by the parties to the civil union, or in accordance with
any mode of recognition of a civil union by any religious denomination or Indian nation or tribe.
(2) Within sixty-three days after the date on which the civil union is certified, either the
person certifying the civil union or, if no individual acting alone certifies the civil union, a party
to the civil union shall complete the civil union certificate and return the certificate to the county
clerk and recorder's office that issued the license. A person who fails to return the civil union
certificate to the county clerk and recorder as required by this section shall pay to the county
clerk and recorder a late fee in an amount not less than twenty dollars. The county clerk and
recorder may assess an additional five-dollar late fee for each additional day of failure to comply
with the return requirements of this subsection (2), up to a maximum of fifty dollars. For
purposes of determining whether to assess a late fee pursuant to this subsection (2), the date of
return is deemed to be the date of postmark.
(3) Upon receiving the civil union certificate, the county clerk and recorder shall register
the civil union.
(4) A priest, minister, rabbi, or other official of a religious institution or denomination or
an Indian nation or tribe is not required to certify a civil union in violation of his or her right to
Colorado Revised Statutes 2023 Uncertified PrintoutPage 244 of 247
the free exercise of religion guaranteed by the first amendment to the United States constitution
and by section 4 of article II of the state constitution.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 153, § 1, effective May 1.
14-15-113. Civil union license required for certification. Persons authorized by section
14-15-112 to certify civil unions shall require a civil union license from the parties before
certifying the civil union.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 154, § 1, effective May 1.
14-15-114. Evidence of civil union. A copy of the civil union certificate received from
the county clerk and recorder or a record of the civil union received from the state registrar is
presumptive evidence of the civil union in all courts.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 154, § 1, effective May 1.
14-15-115. Dissolution, legal separation, and declaration of invalidity of civil unions
- jurisdiction - venue. (1) Any person who enters into a civil union in Colorado consents to the
jurisdiction of the courts of Colorado for the purpose of any action relating to a civil union even
if one or both parties cease to reside in this state.
(2) The district court has jurisdiction over all proceedings relating to the dissolution of a
civil union, legal separation of a civil union, or the declaration of invalidity of a civil union,
regardless of the jurisdiction where the civil union was entered into. The court shall follow the
procedures specified in article 10 of this title, including the same domicile requirements for a
dissolution, legal separation, or declaration of invalidity for such proceedings.
(3) A proceeding relating to the dissolution of a civil union, legal separation of a civil
union, or the declaration of invalidity of a civil union may be held in the county where the
petitioner or respondent resides or where the parties' civil union certificate was issued; except
that process may be directed to any county in the state. A respondent's objection to venue is
waived if not made within such time as the respondent's response is due.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 154, § 1, effective May 1.
14-15-116. Reciprocity - principle of comity.
(1) Repealed.
(2) Under principles of comity, a civil union, domestic partnership, or substantially
similar legal relationship between two persons that is legally created in another jurisdiction shall
be deemed to be a civil union for purposes of Colorado law as set forth in this article.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 245 of 247
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 155, § 1, effective May 1.
L. 2016: (1) repealed, (SB 16-150), ch. 263, p. 1080, § 5, effective June 8.
Cross references: For the legislative declaration in SB 16-150, see section 1 of chapter
263, Session Laws of Colorado 2016.
14-15-117. Application of article to joint tax returns - legislative declaration. (1) The
general assembly finds that some partners in a civil union may legally have their federal taxable
income determined on either separate federal tax returns or on a joint federal tax return. Since
Colorado income tax filings are tied to the federal income tax form by requiring taxpayers to pay
a percentage of their federal taxable income as their state income taxes:
(a) Partners in a civil union who have their federal taxable income determined on
separate federal tax returns must have such income separately determined for purposes of the
Colorado income tax; and
(b) Partners in a civil union who have their federal taxable income determined on a joint
federal tax return must have their state taxable income determined based on their joint federal
taxable income.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 155, § 1, effective May 1.
L. 2014: Entire section R&RE, (SB 14-019), ch. 10, p. 96, § 1, effective February 27.
14-15-118. Construction. The provisions of this article shall not be construed to create a
marriage between the parties to a civil union or alter the public policy of this state, which
recognizes only the union of one man and one woman as a marriage.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 155, § 1, effective May 1.
14-15-118.5. Construction - effect when parties to a civil union marry - dissolution
process. (1) When parties who have entered into a civil union pursuant to this article
subsequently marry, the effect is a merger of the two relationship statuses. Once merged, the
civil union terminates as of the date of the solemnization of the marriage or determination of a
common law marriage and no separate dissolution of the civil union is required.
(2) If one or both parties to a marriage that has been merged with a civil union
subsequently desire to dissolve the marriage, legally separate, or have the marriage declared
invalid, one or both of the parties must file a petition in accordance with the procedures specified
in article 10 of this title.
(3) If a civil union and marriage were merged, any calculation of the duration of the
marriage includes the time period during which the parties were in a civil union.
Source: L. 2016: Entire section added, (SB 16-150), ch. 263, p. 1080, § 6, effective June
8.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 246 of 247
Cross references: For the legislative declaration in SB 16-150, see section 1 of chapter
263, Session Laws of Colorado 2016.
14-15-119. Severability. If any provision of this article or the application thereof to any
person or circumstance is held invalid, such invalidity does not affect other provisions or
applications of this article that can be given effect without the invalid provision or application,
and to this end the provisions of this article are declared to be severable.
Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 155, § 1, effective May 1.
Colorado Revised Statutes 2023 Uncertified PrintoutPage 247 of 247