(1) Any payment of public assistance by a county department of human or social services made to or for the benefit of any dependent child or children creates a debt, which is due and owing to the county department of human or social services, recoverable by the county as a debt due to the state by the parent or parents who are responsible for support of the dependent child or children, or by the parent whose rights were terminated pursuant to section 19-5-105.5 and who was ordered to pay child support for the benefit of a dependent child, in an amount to be determined as follows:
(a) Where there has been a court order directed to a parent, the child support debt of that parent is an amount equal to the amount of public assistance paid to the extent of the full amount of arrearages under the order. However, the county department of human or social services, through its delegate child support enforcement unit, may petition for modification of the order on the same grounds as a party to the action.
(b) Where there has been no court or administrative order for child support, the county department of human or social services, through its delegate child support enforcement unit, may initiate a court or administrative action to establish the amount of child support debt accrued, and the court or delegate child support enforcement unit, after hearing or upon stipulation or upon a default order, shall enter an order for child support debt. The debt must be based on the amount of current child support due, or which would have been due if there were an existing order for child support, under the current child support enforcement guidelines in effect on the date of the stipulation, default order, or hearing to establish the child support debt times the number of months the family received public assistance. The total amount of child support debt must not exceed the total amount paid for public assistance. A child support debt established pursuant to this subsection (1)(b) is in addition to any subsequent child support debt accrued pursuant to subsection (1)(a) of this section.
(2) The county department of human or social services, through its delegate child support enforcement unit, must be subrogated to the right of the dependent child or children or person having legal and physical custody of said child or children or having been allocated decision-making authority with respect to the child or children to pursue any child support action existing under the laws of this state to obtain reimbursement of public assistance expended. If a court enters a judgment for or orders the payment of any amount of child support to be paid by an obligor, the county department of human or social services must be subrogated to the debt created by such judgment or order.
(3) An agreement between any one parent or custodial person or person allocated parental responsibilities and the obligor, either relieving the obligor of any duty of support or responsibility therefor or purporting to settle past, present, or future child support obligations either as settlement or as prepayment, must not act to reduce or terminate any rights of the county department of human or social services to recover from that obligor for any public assistance provided unless the county department of human or social services, through its delegate child support enforcement unit, has consented to the agreement, in writing, and the written consent has been incorporated into and made a part of the agreement.
(4) Any parental rights with respect to custody or decision-making responsibility with respect to a child or parenting time that are granted by a court of competent jurisdiction or are subject to court review must remain unaffected by the establishment or enforcement of a child support debt or obligation by the county department of human or social services or other person pursuant to the provisions of this article 14; and the establishment or enforcement of any such child support debt or obligation must also remain unaffected by such parental rights with respect to custody or decision-making responsibility with respect to a child or parenting time.
(5) No child support debt under this section shall be created in the case of, or at any time collected from, a parent who receives assistance under the Colorado works program as described in part 7 of article 2 of title 26, C.R.S., for the period such parent is receiving such assistance, unless by order of a court of competent jurisdiction.
(6) Creation of a child support debt pursuant to this section must not modify or extinguish any rights that the county department of human or social services has obtained or may obtain under an assignment of child support rights, including the right to recover and retain unreimbursed public assistance.
(7) When a portion of a public assistance grant, paid to or for the benefit of a dependent child, includes moneys paid to provide the custodial parent or the parent with whom the child resides the majority of the time or caretaker relative with necessities including but not limited to shelter, medical care, clothing, or transportation, then those moneys are deemed to be paid to or for the benefit of the dependent child.
(8) Notwithstanding rule 98 of the Colorado rules of civil procedure, venue for an action to establish child support debt is proper in any county where public assistance was or is being paid, in any county where the obligor parent resides, or in any county where the child resides.
(9) A copy of the computer printout obtained from the state department of human services of the record of payments of assistance under the Colorado works program as described in part 7 of article 2 of title 26, C.R.S., made on behalf of a child whose custodian has been receiving child support enforcement services pursuant to section 26-13-106, C.R.S., shall be admissible into evidence as proof of such payments in any proceeding to establish child support debt and shall be prima facie evidence of the amount of child support debt owing on behalf of said child.
Source: L. 81: Entire article added, p. 906, § 1, effective June 8. L. 89: (1)(b) amended and (8) added, p. 793, § 18, effective July 1. L. 90: (9) added, p. 891, § 13, effective July 1. L. 91: (8) amended, p. 253, § 9, effective July 1. L. 93: (1) amended, p. 1560, § 9, effective June 6;
(4) amended, p. 581, § 17, effective July 1. L. 94: (9) amended, p. 2646, § 110, effective July 1. L. 97: (5) and (9) amended, p. 1241, § 38, effective July 1. L. 98: (2), (3), (4), and (7) amended, p. 1401, § 51, effective February 1, 1999. L. 2007: (1)(b) amended, p. 1652, § 8, effective May 31. L. 2013: IP(1) amended, (SB 13-227), ch. 353, p. 2062, § 11, effective May 28. L. 2018: (1) to (4) and (6) amended, (SB 18-092), ch. 38, p. 401, § 17, effective August 8.
Cross references: For the legislative declaration contained in the 1993 act amending subsection (4), see section 1 of chapter 165, Session Laws of Colorado 1993. For the legislative declaration contained in the 1994 act amending subsection (9), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
Notes of Decisions
In re the Marriage of Smith, 7 P.3d 1012 (Colo. Ct. App. 2000).
· cites it 11× “(emphasis added) Father argues that the reference in § 19-4-116(3) to § 14-14-104, C.R.S.1999, which concerns child support debt based upon prior payments of public assistance, restricts the right to obtain reimbursement for past child support to county departments of social…”
In re Davidson, 72 B.R. 384 (Bankr. D. Colo. 1987).
· cites it 4× “1973, Section 14-14-104(l)(b)(3). While the county welfare departments may have legal assistance available to them, their meager resources should not be consumed in having to file formal objections to plans and to appear, failing which their rights to collect may be deferred or…”
In re the Marriage of Ward, 856 P.2d 67 (Colo. Ct. App. 1993).
· cites it 26× “The latter amendment allowed the court to include in an order of parentage a provision for recovery of public assistance paid for the benefit of a dependent child pursuant to § 14-14-104, C.R.S. (1986 Repl.Vol. 6B). Section 19-4-116(4), C.”
People ex rel. A.A.V. v. J.R., 815 P.2d 997 (Colo. Ct. App. 1991).
· cites it 6× “Section 19-4-116(3) expressly incorporates by reference the provisions of § 14-14-104, and the latter statute expressly mandates that such awards be equal to or more than the amount of public assistance paid.”
J.E.S. v. F.F., 762 P.2d 703 (Colo. Ct. App. 1988).
· cites it 10× “Pursuant to § 14-14-104, C.R.S. (1987 Repl.Vol. 6B), respondent was ordered to reimburse social services for the amount of public assistance previously paid for the benefit of the child and to remit future support payments directly to social services.”
In re the Marriage of Cespedes, 895 P.2d 1172 (Colo. Ct. App. 1995).
· cites it 4× “(3) only amounts collected pursuant to this paragraph which exceed the amount of unreimbursed past assistance shall be paid to the family, (emphasis added) As additional protection for the state, § 14-14-104(2), C.R.S. (1987 Repl.Vol. 6B) provides that the county department of…”
Montezuma Cnty. Dep't of Soc. Servs. v. Laner, 937 P.2d 903 (Colo. Ct. App. 1997).
· cites it 9× “See § 14-14-104(1), C.R.S. (1996 Cum.Supp.). By statute effective July 1, 1989, if, as here, there was no court or administrative order, the court was authorized to “enter an order equal to or more than the amount of public assistance paid.”
People, 7 P.3d 1021 (Colo. Ct. App. 2000).
· cites it 6× “This provision may expose a responsible parent who had not been subject to an initial order to the same liability that would have resulted if there had initially been a court order directed to that parent pursuant to § 14-14-104(1)(a), C.R.S. 1999. Cf. In re Marriage of Ward,…”
Jes v. Ff, 762 P.2d 703 (Colo. Ct. App. 1988).
· cites it 10× “Pursuant to § 14-14-104, C.R.S. (1987 Repl.Vol. 6B), respondent was ordered to reimburse social services for the amount of public assistance previously paid for the benefit of the child and to remit future support payments directly to social services.”
Parental Resp Conc TWM, No. 24CA1439 (Colo. Ct. App. July 3, 2025).
· cites it 6× “¶ 31 Section 14-14-104, C.R.S. 2024, applies when a public agency has provided support for a child.”
Colo. Rev. Stat. § 14-14-104(1): 6 cases
People ex rel. A.A.V. v. J.R., 815 P.2d 997 (Colo. Ct. App. 1991).
“Section 19-4-116(3) expressly incorporates by reference the provisions of § 14-14-104, and the latter statute expressly mandates that such awards be equal to or more than the amount of public assistance paid.”
In re the Marriage of Ward, 856 P.2d 67 (Colo. Ct. App. 1993).
“The latter amendment allowed the court to include in an order of parentage a provision for recovery of public assistance paid for the benefit of a dependent child pursuant to § 14-14-104, C.R.S. (1986 Repl.Vol. 6B). Section 19-4-116(4), C.”
Montezuma Cnty. Dep't of Soc. Servs. v. Laner, 937 P.2d 903 (Colo. Ct. App. 1997).
“See § 14-14-104(1), C.R.S. (1996 Cum.Supp.). By statute effective July 1, 1989, if, as here, there was no court or administrative order, the court was authorized to “enter an order equal to or more than the amount of public assistance paid.”
Colo. Rev. Stat. § 14-14-104(1)(a): 3 cases
In re the Marriage of Ward, 856 P.2d 67 (Colo. Ct. App. 1993).
“The latter amendment allowed the court to include in an order of parentage a provision for recovery of public assistance paid for the benefit of a dependent child pursuant to § 14-14-104, C.R.S. (1986 Repl.Vol. 6B). Section 19-4-116(4), C.”
People, 7 P.3d 1021 (Colo. Ct. App. 2000).
“This provision may expose a responsible parent who had not been subject to an initial order to the same liability that would have resulted if there had initially been a court order directed to that parent pursuant to § 14-14-104(1)(a), C.R.S. 1999. Cf. In re Marriage of Ward,…”
Colo. Rev. Stat. § 14-14-104(1)(b): 2 cases
In re the Marriage of Ward, 856 P.2d 67 (Colo. Ct. App. 1993).
“The latter amendment allowed the court to include in an order of parentage a provision for recovery of public assistance paid for the benefit of a dependent child pursuant to § 14-14-104, C.R.S. (1986 Repl.Vol. 6B). Section 19-4-116(4), C.”
People, 7 P.3d 1021 (Colo. Ct. App. 2000).
“This provision may expose a responsible parent who had not been subject to an initial order to the same liability that would have resulted if there had initially been a court order directed to that parent pursuant to § 14-14-104(1)(a), C.R.S. 1999. Cf. In re Marriage of Ward,…”
Colo. Rev. Stat. § 14-14-104(2): 4 cases
In re the Marriage of Cespedes, 895 P.2d 1172 (Colo. Ct. App. 1995).
“(3) only amounts collected pursuant to this paragraph which exceed the amount of unreimbursed past assistance shall be paid to the family, (emphasis added) As additional protection for the state, § 14-14-104(2), C.R.S. (1987 Repl.Vol. 6B) provides that the county department of…”
J.E.S. v. F.F., 762 P.2d 703 (Colo. Ct. App. 1988).
“Pursuant to § 14-14-104, C.R.S. (1987 Repl.Vol. 6B), respondent was ordered to reimburse social services for the amount of public assistance previously paid for the benefit of the child and to remit future support payments directly to social services.”
Jes v. Ff, 762 P.2d 703 (Colo. Ct. App. 1988).
“Pursuant to § 14-14-104, C.R.S. (1987 Repl.Vol. 6B), respondent was ordered to reimburse social services for the amount of public assistance previously paid for the benefit of the child and to remit future support payments directly to social services.”
Colo. Rev. Stat. § 14-14-104(7): 1 case
Colo. Rev. Stat. § 14-14-104(9): 1 case
Parental Resp Conc TWM, No. 24CA1439 (Colo. Ct. App. July 3, 2025).
“¶ 31 Section 14-14-104, C.R.S. 2024, applies when a public agency has provided support for a child.”
Colo. Rev. Stat. § 14-14-104(l)(a): 1 case
Colo. Rev. Stat. § 14-14-104(l)(b): 3 cases
People ex rel. A.A.V. v. J.R., 815 P.2d 997 (Colo. Ct. App. 1991).
“Section 19-4-116(3) expressly incorporates by reference the provisions of § 14-14-104, and the latter statute expressly mandates that such awards be equal to or more than the amount of public assistance paid.”
Montezuma Cnty. Dep't of Soc. Servs. v. Laner, 937 P.2d 903 (Colo. Ct. App. 1997).
“See § 14-14-104(1), C.R.S. (1996 Cum.Supp.). By statute effective July 1, 1989, if, as here, there was no court or administrative order, the court was authorized to “enter an order equal to or more than the amount of public assistance paid.”
Colo. Rev. Stat. § 14-14-104(l)(b)(3): 1 case
In re Davidson, 72 B.R. 384 (Bankr. D. Colo. 1987).
“1973, Section 14-14-104(l)(b)(3). While the county welfare departments may have legal assistance available to them, their meager resources should not be consumed in having to file formal objections to plans and to appear, failing which their rights to collect may be deferred or…”
Colo. Rev. Stat. § 14-14-104(l)(b)(6): 1 case
In re Davidson, 72 B.R. 384 (Bankr. D. Colo. 1987).
“1973, Section 14-14-104(l)(b)(3). While the county welfare departments may have legal assistance available to them, their meager resources should not be consumed in having to file formal objections to plans and to appear, failing which their rights to collect may be deferred or…”
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