Colo. Rev. Stat. § 19-6-104

Current through 11/5/2024 election
Section 19-6-104 - Hearing - orders
(1) If the court or delegate child support enforcement unit finds that the obligor has an obligation to support the child or children mentioned in the petition or notice, the court or delegate child support enforcement unit may enter an order directing the obligor to pay such sums for support as may be reasonable under the circumstances, taking into consideration the factors found in section 19-4-116 (6). The court or delegate child support enforcement unit may also enter an order directing the appropriate party to pay for support of the child, in an amount as may be determined by the court or delegate child support enforcement unit to be reasonable under the circumstances, for a time period that occurred prior to the month the child support obligation begins under this article 6.
(1.5) At the hearing, the court shall give a verbal advisement to the parties 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), C.R.S. The judge or magistrate shall further advise the parties that, if genetic tests are not obtained prior to the legal establishment of paternity and submitted into evidence prior to the entry of the final order establishing paternity, the genetic tests may not be allowed into evidence at a later date.
(2) If, at or before the hearing, the respondent waives his right to a hearing and stipulates to the entry of a support order, such stipulation may be presented to the court. If the court finds that the amount stipulated is reasonable under the circumstances, it may enter an order of support in accordance with the stipulation.
(3) The court may enter a temporary support order to remain effective pending a final disposition of the proceeding.
(3.5) Upon the filing of a proceeding under this article 6 or upon the filing of a proceeding originating under article 13.5 of title 26, the judge or magistrate shall advise the parties that subsequent to an adjudication of parentage, upon motion, the court shall enter an order allocating parental responsibilities pursuant to section 14-10-124 (1.5); except that, in matters involving a nonresident party, the court shall first determine whether it has authority to issue an order allocating parental responsibilities pursuant to article 13 of title 14. Nothing in this subsection (3.5) shall be construed to authorize a delegate child support enforcement unit to negotiate or mediate the allocation of parental responsibilities in any proceeding initiated under this article or article 13.5 of title 26.
(4) The court may modify an order of support only in accordance with the provisions of and the standard for modification in section 14-10-122, C.R.S.
(5) The court may order that the respondent initiate the inclusion of the child or children under a medical insurance policy currently in effect for the benefit of the respondent, purchase medical insurance for the child or children, or, in some other manner, provide for the current or future medical needs of the child or children. At the same time, the court may make a determination of whose responsibility it shall be to pay required medical insurance deductibles and copayments.
(5.5) All child support orders entered pursuant to this article 6 must include the dates of birth of the parties and of the children who are the subjects of the order and the parties' residential and mailing addresses.
(6) Any order made pursuant to this article shall not be exclusive.
(7) The court may assess the costs of the action as part of its order.

C.R.S. § 19-6-104

Amended by 2023 Ch. 330,§ 8, eff. 9/1/2023.
Amended by 2023 Ch. 330,§ 9, eff. 7/1/2023.
Amended by 2019 Ch. 270, § 4, eff. 7/1/2019.
L. 87: Entire title R&RE, p. 812, § 1, effective October 1. L. 89: (4) amended, p. 795, § 25, effective July 1. L. 93: (5.5) added, p. 1564, § 16, effective September 1. L. 94: (1) amended, p. 1542, § 17, effective May 31. L. 97: (5.5) amended, p. 1277, § 18, effective July 1. L. 99: (5.5) amended, p. 1087, § 6, effective July 1. L. 2005: (3.5) added, p. 379, § 9, effective July 1; (1.5) added, p. 379, § 8, effective 1/1/2006. L. 2019: (5.5) amended, (HB 19-1215), ch. 2553, p. 2553, § 4, effective July 1.

This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-7-103 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

For the legislative declaration contained in the 1997 act amending subsection (5.5), see section 1 of chapter 236, Session Laws of Colorado 1997.