May 21, 2019

HB 16-1165: Changing Colorado Child Support Guidelines Pursuant to Commission’s Findings

On January 28, 2016, Reps. KC Becker & Lois Landgraf and Sen. Larry Crowder introduced HB 16-1165 – Concerning Statutory Changes Based on the Recommendations in the Report of the 2013-2015 Colorado Child Support Commission. The bill was introduced in the House Public Health Care & Human Services Committee, where it was amended and referred to the House Committee of the Whole for Second Reading. The bill passed Second Reading with amendments in the House and passed Third Reading unamended. In the Senate, it was introduced in the Health & Human Services Committee, where it passed through unamended. The bill passed Second and Third Reading in the Senate with no amendments and is now on its way to the governor for signature.

This bill makes several changes to the Colorado child support guidelines and related statutes. First, the bill permits the State Child Enforcement Agency to attach an administrative lien on insurance claim payments, awards, or settlements to satisfy and obligor’s past-due child support, past-due spousal maintenance, or a combination of the two. The bill applies to all child support and spousal maintenance obligations, regardless of when the obligation was ordered by the court. The lien may be placed on insurance claim payments made payable to the obligor that are in excess of $1,000, resulting from personal injury, wrongful death, or workers’ compensation claims. The bill exculpates insurance companies and their agents for any good faith conduct made pursuant to the proposed amended section of the Colorado Revised Statutes.

Second, the bill makes a number of changes to the child support guidelines contained in C.R.S. § 14-10-114, including: (1) requiring a deduction from a parent’s gross income prior to calculating child support for the actual amount paid for another child’s court ordered support (regardless of where the other child is living), while applying the gross income calculation of paragraph (b) of the subsection to parents whose other child(ren) is/are living with the parent; (2) amending the definition of “shared physical care” by including as a reason for deviating from the child support guidelines instances where one parent spends substantially more time with the child than is reflected by a calculation of the number of overnights; (3) allowing a court to not require a parent to include a child or children on a health insurance policy where the policy’s premium payment is 5 percent of the parent’s gross income (reducing from 20 percent); and (4) requiring parents to exchange financial information relevant to child support calculations on changes that have occurred since the entry of the child support order.

Third, the bill establishes a five-year prohibition on retroactive modification of child support based on change in physical custody pursuant to C.R.S. § 14-10-122.

Fourth, the bill requires service by a single publication not less than five days prior to any hearing on paternity adjudication for any party (i.e., natural mother, each presumed father, and each man alleged to the natural father) who does not reside in Colorado and whose place of residence is not known, or when the person cannot be found within Colorado after due diligence.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

Print Friendly, PDF & Email

Speak Your Mind

*