14-5-401. Petition to establish support order. |
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(a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state may issue a support order if: |
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(1) The individual seeking the order resides in another state; or |
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(2) The support enforcement agency seeking the order is located in another state. |
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(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: |
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(1) A presumed father of the child; |
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(2) Petitioning to have his paternity adjudicated; |
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(3) Identified as the father of the child through genetic testing; |
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(4) An alleged father who has declined to submit to genetic testing; |
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(5) Shown by clear and convincing evidence to be the father of the child; |
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(6) An acknowledged father as provided by section 19-4-105 (1) (e), C.R.S.; |
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(7) The mother of the child; or |
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(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated. |
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(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. |
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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. |
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Editor's note: This section was contained in an article that was repealed and reenacted in 1993. Provisions of this section, as it existed in 1993, are similar to those contained in 14-5-105 as said section existed in 1992, the year prior to the repeal and reenactment of this article. |
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| ANNOTATION | ||||
Annotator's note: Since § 14-5-401 is similar to § 14-5-105 as it existed prior to the 1993 repeal and reenactment of this article, relevant cases construing that provision have been included in the annotations to this section. |
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No independent duty of support. This article does not create an independent duty of support but only a means of enforcing a duty arising out of either a foreign support order or the law of the state where the obligor resides. Com. of Pennsylvania v. Barta, 790 P.2d 895 (Colo. App. 1990). |
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Applied in County of Clearwater v. Petrash, 41 Colo. App. 143, 589 P.2d 1370 (1978), aff'd in part and rev'd on other grounds, 198 Colo. 231, 598 P.2d 138 (1979). |
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