14-5-401. Petition to establish support order.

(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:

(1) The individual seeking the order resides in another state; or

(2) The support enforcement agency seeking the order is located in another 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

(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.

Editor's note: This section was contained in an article that was repealed and reenacted in 1993.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.

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.

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).

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).