HB 18-1363

HB 18-1363, a Colorado bill that has been signed into law, makes several changes to how child support is handled in the state. It allows county agencies to withdraw from cases when they are closed and gives them more power to request genetic testing for paternity. The bill also sets clearer rules about court hearings and timelines for handling child support issues. Additionally, it requires insurance companies to work with these agencies to ensure that child support payments can be collected from insurance claims or settlements. This law affects anyone involved in child support cases, including parents, courts, and county enforcement units. Since the bill has been signed, its provisions are now enforceable by law.

Official Summary

The bill implements several recommendations from the child support commission, including: Authorizing a county delegate child support enforcement unit (county CSEU) to file a notice of withdrawal in any proceeding in which they are a party when the county CSEU case is closed; Authorizing a county CSEU to produce, issue, and serve a subpoena to compel a party in a juvenile case to provide a genetic test sample for purposes of determining paternity; Clarifying terms in child support enforcement statutes, including 'administrative process action' or 'APA', 'APA-respondent', and 'APA-petitioner'; Establishing parameters for negotiation conferences to establish a child support obligation and parameters for missing such a scheduled conference; Allowing an APA-respondent to opt out of an administrative process action and request, in writing, a court hearing; Establishing timelines and guidelines for service of notice of financial responsibility; Clarifying the requirements allowing a court to issue an order of default; Establishing requirements for filing genetic testing results with the court; Requiring a party to an administrative process action that retains legal counsel to provide written notice of such legal counsel, or termination of legal counsel, to the county CSEU; Establishing the rights and duties of all parties to an administrative process action case; and Setting forth procedures for requesting a court hearing or transfer of jurisdiction or entering a default order of modification. The bill requires the participation of county CSEUs and insurance companies in the child support insurance lien network data match, establishes the child support insurance lien fund (fund) and authorizes payments into the fund from fees collected by the state child support enforcement agency in its efforts to attach insurance claim payments, awards, and settlements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

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