Interstate Child Support Jurisdiction In Colorado

Are you involved in a Colorado divorce with child support? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

Interstate matters involving children are governed by both state and federal law. For example, both federal and state law governs interstate child support matters. The federal law that governs child support when parties live in different states is the Uniform Interstate Family Support Act (UIFSA). UIFSA governs the establishment, enforcement, and modification of child support orders in interstate matters.

If Colorado does not have jurisdiction, then the responding party’s state of residence is the proper jurisdiction for issuance of a support order. Colorado implements UIFSA through state statute codification in C.R.S. Title 14. In a proceeding to establish or enforce a child support order or determine parentage, Colorado has jurisdiction over a nonresident payor if it acquires personal jurisdiction by:

1. (1) Personal service within the State of Colorado;
2. (2) Responding party consent;
3. (3) Prior residence of the responding party with the child in Colorado;
4. (4) Prior residence of the responding party in Colorado and provision of prenatal expenses or support for the child;
5. (5) Child residence in Colorado as a result of the responding party’s acts or directives;
6. (6) Responding party sexual intercourse in Colorado with the possibility that the child may have been conceived in Colorado; or
7. (7) A constitutional basis for the exercise of personal jurisdiction.

When a Colorado court has issued a child support order, Colorado has continuing and exclusive jurisdiction to modify the order if the order is the “controlling order” and

1. (1) Colorado is the residence of the obligor, the oblige or the child; or
2. (2) The parties consent that Colorado may continue to exercise jurisdiction to modify the order.

Sometimes there is more than one support order issued by differing states. Generally the most recent order will be the operative order. However, if there is more than one order and there is a question about which order controls, a party may request a determination by giving notice and filing every child support order in effect and a record of payments. The following factors are relevant to a controlling order determination:

1. (1) If only one tribunal has issued a child support order, that will be the controlling order.
2. (2) If two or more child support orders have been issued in Colorado or another state, then:
   • (a) if only one of the courts would have continuing, exclusive jurisdiction, that order is the controlling order, or
   • (b) if more than one of the tribunals would have continuing, exclusive jurisdiction, then:
     • (I) an order issued by a tribunal in the current home state of the child controls, but
     • (II) if an order has not been issued in the current home state of the child, the order issued most recently control, and
     • (III) if none of the courts would have continuing, exclusive jurisdiction under the article, then Colorado shall issue a controlling support order.

There is a different legal standard for modification of child support orders. In order for Colorado to enforce an order issued in another state, the order must first be registered in Colorado. Colorado has jurisdiction to modify an out-of-state child support order if:

1. (1) Both parties reside in Colorado and the child does not reside in the state that issued the order; or
2. (2) The order was issued by a foreign country that will not modify the order and Colorado has personal jurisdiction over both parties; or
3. (3) None of the parties or the child reside in the issuing state, the party seeking modification is a nonresident of Colorado, and the responding party is subject to personal jurisdiction in Colorado; or
4. (4) The child resides in Colorado, or a party is subject to personal jurisdiction in Colorado, and both parties consent to modification of the order by the Colorado court.

There is also a distinct standard for enforcement of child support orders issued in another state. A state must have jurisdiction over the obligor or his or her consent to enforce a support order of a different issuing state. In order for Colorado to enforce an order issued in another state, the order must first be registered here in Colorado. When enforcing another state’s support order, the law of the issuing state controls the nature, extent, amount, and duration of payments, the computation of arrears and interest on arrears, and the existence and satisfaction of other obligations under the support order. However, a Colorado court applies Colorado procedures and remedies to enforce current support and collect arrearages due on a support order from another state that is registered in Colorado. The process for registering a support order for enforcement is set forth in C.R.S. § 14-5-602. The non-registering party may contest the registration or enforcement of a registered order by filing an objection.

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.