(1) The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.
(2) If the judgment or order of the court is at variance with the child's birth certificate or if the court enters a judgment or order determining the existence of a parent and child relationship during the course of a proceeding held pursuant to article 3 of this title, the court shall order that a new birth certificate be issued under section 19-4-124.
(3) (a) The judgment or order may contain any other provision directed against the appropriate party to the proceeding concerning the duty of support, the recovery of child support debt pursuant to section 14-14-104, C.R.S., the allocation of parental responsibilities with respect to the child and guardianship of the child, parenting time privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment or order may direct the father to pay for genetic testing and to pay the reasonable expenses of the mother's pregnancy and confinement.
(b) Repealed.
(c) Bills for pregnancy, childbirth expenses, and genetic testing are admissible as evidence without the necessity of third-party foundation testimony and shall constitute prima facie evidence of the amounts incurred for such services or for expenses incurred on behalf of the child.
(4) Support judgments or orders ordinarily must be for periodic payments, which may vary in amount. In the best interest of the child, a lump-sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support. The court or delegate child support enforcement unit may enter an order directing the obligor to pay for support of the child, in an amount as may be determined by the court or delegate child support enforcement unit to be reasonable under the circumstances, for a time period that occurred prior to the month the child support obligation begins. The court may limit the obligor's liability for past support of the child to the proportion of the expenses already incurred that the court deems just.
(5) The judgment or order may include a provision requiring that the respondent initiate inclusion of the child under a medical insurance policy currently in effect for the benefit of the respondent, purchase medical insurance for the child, or in some other manner provide for the current or future medical needs of the child. At the same time, the court may make a determination of whose responsibility it shall be to pay required medical insurance deductibles and copayments. If the judgment or order does not contain a provision regarding medical support, such as insurance coverage, payment for medical insurance deductibles and copayments, or unreimbursed medical expenses, that fact may be grounds for a modification of the order under section 14-10-122, C.R.S.
(6) In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall consider all relevant facts, including:
(a) The needs of the child;
(b) The standard of living and circumstances of the parents;
(c) The relative financial means of the parents;
(d) The earning ability of the parents;
(e) The need and capacity of the child for education, including higher education;
(f) The age of the child;
(g) The financial resources and the earning ability of the child;
(h) The responsibility of the parents for the support of others;
(i) The value of services contributed by the parent with whom the child resides the majority of the time;
(j) The standard of living the child would have enjoyed had the parents been married; and
(k) The child support guidelines, as set forth in section 14-10-115, C.R.S.
(7) Any order of support made pursuant to subsections (4) to (6) of this section shall continue until the child is nineteen years of age, unless the support order is terminated sooner by court order.
(8) The court may order support to be continued after the child is nineteen years of age if the child is unable to care for himself or herself by reason of mental or physical disability or other reason justifiable in the opinion of the court.
(9) All child support orders entered pursuant to this article shall include the names and dates of birth of the parties and of the children who are the subject of the order and the parties' residential and mailing addresses. The social security numbers of the parties and children shall be collected pursuant to sections 14-14-113 and 26-13-127, C.R.S.
Source: L. 87: Entire title R&RE, p. 798, § 1, effective October 1; (6)(i) and (6)(j) amended and (6)(k) added, p. 1587, § 60, effective October 1. L. 89: (3), (5), and (7) amended, p. 794, § 21, effective July 1. L. 93: (3) amended, p. 582, § 21, effective July 1; (8) amended, p. 1638, § 25, effective July 1. L. 94: (4), (7), and (8) amended, p. 1542, § 15, effective May 31. L. 95: (3) amended, p. 1397, § 2, effective July 1. L. 97: (3)(a) amended and (3)(c) and (9) added, p. 1276, §§ 15, 16, effective July 1. L. 98: (3)(a) and (6)(i) amended, p. 1409, § 71, effective February 1, 1999. L. 99: (2) and (9) amended, p. 1086, § 5, effective July 1. L. 2008: (9) amended, p. 1348, § 4 effective July 1. L. 2023: (4) amended, (SB 23-173), ch. 330, p. 1976, § 7, effective September 1.
Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-6- 116 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective June 30, 1999. (See L. 95, p. 1397.)
Cross references: For the legislative declaration contained in the 1993 act amending subsection (3), see section 1 of chapter 165, Session Laws of Colorado 1993. For the legislative declaration contained in the 1997 act amending subsection (3)(a) and adding subsections (3)(c) and (9), see section 1 of chapter 236, Session Laws of Colorado 1997.
Notes of Decisions
In Re the Marriage of Smith, 7 P.3d 1012 (Colo. Ct. App. 2000).
· cites it 47× “Also, a plain reading of the clauses of § 19-4-116, C.R.S.1999 quoted above indicates that the statute was intended to give trial courts broad discretion in enforcing it.”
Peo in Interest of E.Q, 2020 COA 118 (Colo. Ct. App. 2020).
· cites it 2× “Section 19-4-116(6), in turn, requires the court to consider all relevant facts in determining child support, including the following: 10 the child’s needs; the standard of living and circumstances of the parents; the relative financial means of the parents; the earning…”
S.F.E. ex rel. T.I.E., 981 P.2d 642 (Colo. Ct. App. 1998).
· cites it 17× “Under §19-4-116, C.R.S.1998, the trial court may order the father to pay the reasonable expenses of the mother’s “pregnancy and confinement.”
In re the Marriage of Ohr, 97 P.3d 354 (Colo. Ct. App. 2004).
· cites it 5× “However, inasmuch as the UPA incorporates use of the criteria of the UDMA in determining parenting time, see § 19-4-111(4), we conclude that a person who is determined to be a nonparent under the* UPA, but who fits the criteria in § 14-10-123(1) of the UDMA, may qualify as an…”
In re the Parental Responsibilities Concerning G.E.R., 264 P.3d 637 (Colo. Ct. App. 2011).
· cites it 12× “Dismissal of the UPA Action The issue here is whether the magistrate could consider a request for birth-related costs under section 19-4-116, C.R.S.2011, of the UPA after it had determined the allocation of parental responsibilities and awarded child support under the UDMA.”
In re the Parental Responsibilities of A.R.L., 318 P.3d 581 (Colo. Ct. App. 2013).
“1 44 If the court determines that Limberis is A.R.L.'s presumptive mother, it must then enter appropriate orders regarding, among other things, the duty of child support, and the allocation of parental responsibilities, See §§ 19-4-116(8), 14-10-124(1.”
in the Interest of G.C.M.M, 2020 COA 152 (Colo. Ct. App. 2020).
· cites it 2× “Similarly, section 19-4-116(3)(a) authorizes the court to enter a judgment with a provision allocating parental responsibilities “with respect to the child” and parenting time privileges “with the child.”
In re the Marriage of Ward, 856 P.2d 67 (Colo. Ct. App. 1993).
· cites it 8× “This amendment was part of the same amenda-tory legislation changing § 19-4-116(3), C.R.S. (1986 Repl.Vol. 8B), which became part of the Uniform Parentage Act (UPA).”
People ex rel. B.W., 17 P.3d 199 (Colo. Ct. App. 2000).
· cites it 7× “The sole issue is whether § 19-4-116(4), C.R.S.2000, which provides that child support may be ordered “for a time period which occurred prior to the entry of the order establishing paternity,” permits support to be awarded for the time before the paternity proceeding commenced,…”
People in Interest of LW, 756 P.2d 392 (Colo. Ct. App. 1988).
· cites it 2× “Moreover, § 19-4-116(4), C.R.S. (1986 Repl.Vol. 8B) provides that: "The court may limit the father's liability for past support of the child to the proportion of the expenses already incurred that the court deems just.”
— Colo. Rev. Stat. § 19-4-116(1) — 3 cases
In re the Parental Responsibilities Concerning G.E.R., 264 P.3d 637 (Colo. Ct. App. 2011).
“Dismissal of the UPA Action The issue here is whether the magistrate could consider a request for birth-related costs under section 19-4-116, C.R.S.2011, of the UPA after it had determined the allocation of parental responsibilities and awarded child support under the UDMA.”
In Re Ger, 264 P.3d 637 (Colo. Ct. App. 2011).
— Colo. Rev. Stat. § 19-4-116(3) — 8 cases
In Re the Marriage of Smith, 7 P.3d 1012 (Colo. Ct. App. 2000).
“Also, a plain reading of the clauses of § 19-4-116, C.R.S.1999 quoted above indicates that the statute was intended to give trial courts broad discretion in enforcing it.”
In re the Marriage of Ward, 856 P.2d 67 (Colo. Ct. App. 1993).
“This amendment was part of the same amenda-tory legislation changing § 19-4-116(3), C.R.S. (1986 Repl.Vol. 8B), which became part of the Uniform Parentage Act (UPA).”
— Colo. Rev. Stat. § 19-4-116(3)(a) — 6 cases
In Re the Marriage of Smith, 7 P.3d 1012 (Colo. Ct. App. 2000).
“Also, a plain reading of the clauses of § 19-4-116, C.R.S.1999 quoted above indicates that the statute was intended to give trial courts broad discretion in enforcing it.”
In re the Marriage of Ohr, 97 P.3d 354 (Colo. Ct. App. 2004).
“However, inasmuch as the UPA incorporates use of the criteria of the UDMA in determining parenting time, see § 19-4-111(4), we conclude that a person who is determined to be a nonparent under the* UPA, but who fits the criteria in § 14-10-123(1) of the UDMA, may qualify as an…”
in the Interest of G.C.M.M, 2020 COA 152 (Colo. Ct. App. 2020).
“Similarly, section 19-4-116(3)(a) authorizes the court to enter a judgment with a provision allocating parental responsibilities “with respect to the child” and parenting time privileges “with the child.”
S.F.E. ex rel. T.I.E., 981 P.2d 642 (Colo. Ct. App. 1998).
“Under §19-4-116, C.R.S.1998, the trial court may order the father to pay the reasonable expenses of the mother’s “pregnancy and confinement.”
— Colo. Rev. Stat. § 19-4-116(4) — 9 cases
In Re the Marriage of Smith, 7 P.3d 1012 (Colo. Ct. App. 2000).
“Also, a plain reading of the clauses of § 19-4-116, C.R.S.1999 quoted above indicates that the statute was intended to give trial courts broad discretion in enforcing it.”
People ex rel. B.W., 17 P.3d 199 (Colo. Ct. App. 2000).
“The sole issue is whether § 19-4-116(4), C.R.S.2000, which provides that child support may be ordered “for a time period which occurred prior to the entry of the order establishing paternity,” permits support to be awarded for the time before the paternity proceeding commenced,…”
People in Interest of LW, 756 P.2d 392 (Colo. Ct. App. 1988).
“Moreover, § 19-4-116(4), C.R.S. (1986 Repl.Vol. 8B) provides that: "The court may limit the father's liability for past support of the child to the proportion of the expenses already incurred that the court deems just.”
In re the Marriage of Ward, 856 P.2d 67 (Colo. Ct. App. 1993).
“This amendment was part of the same amenda-tory legislation changing § 19-4-116(3), C.R.S. (1986 Repl.Vol. 8B), which became part of the Uniform Parentage Act (UPA).”
— Colo. Rev. Stat. § 19-4-116(5) — 1 case
S.F.E. ex rel. T.I.E., 981 P.2d 642 (Colo. Ct. App. 1998).
“Under §19-4-116, C.R.S.1998, the trial court may order the father to pay the reasonable expenses of the mother’s “pregnancy and confinement.”
— Colo. Rev. Stat. § 19-4-116(6) — 6 cases
Peo in Interest of E.Q, 2020 COA 118 (Colo. Ct. App. 2020).
“Section 19-4-116(6), in turn, requires the court to consider all relevant facts in determining child support, including the following: 10 the child’s needs; the standard of living and circumstances of the parents; the relative financial means of the parents; the earning…”
In Re the Marriage of Smith, 7 P.3d 1012 (Colo. Ct. App. 2000).
“Also, a plain reading of the clauses of § 19-4-116, C.R.S.1999 quoted above indicates that the statute was intended to give trial courts broad discretion in enforcing it.”
S.F.E. ex rel. T.I.E., 981 P.2d 642 (Colo. Ct. App. 1998).
“Under §19-4-116, C.R.S.1998, the trial court may order the father to pay the reasonable expenses of the mother’s “pregnancy and confinement.”
— Colo. Rev. Stat. § 19-4-116(6)(a) — 1 case
— Colo. Rev. Stat. § 19-4-116(6)(k) — 1 case
S.F.E. ex rel. T.I.E., 981 P.2d 642 (Colo. Ct. App. 1998).
“Under §19-4-116, C.R.S.1998, the trial court may order the father to pay the reasonable expenses of the mother’s “pregnancy and confinement.”
— Colo. Rev. Stat. § 19-4-116(8) — 2 cases
In re the Parental Responsibilities of A.R.L., 318 P.3d 581 (Colo. Ct. App. 2013).
“1 44 If the court determines that Limberis is A.R.L.'s presumptive mother, it must then enter appropriate orders regarding, among other things, the duty of child support, and the allocation of parental responsibilities, See §§ 19-4-116(8), 14-10-124(1.”
In Re the Marriage of Smith, 7 P.3d 1012 (Colo. Ct. App. 2000).
“Also, a plain reading of the clauses of § 19-4-116, C.R.S.1999 quoted above indicates that the statute was intended to give trial courts broad discretion in enforcing it.”
— Colo. Rev. Stat. § 19-4-116(8)(a) — 2 cases
In Re the Marriage of Smith, 7 P.3d 1012 (Colo. Ct. App. 2000).
“Also, a plain reading of the clauses of § 19-4-116, C.R.S.1999 quoted above indicates that the statute was intended to give trial courts broad discretion in enforcing it.”
In re the Parental Responsibilities Concerning G.E.R., 264 P.3d 637 (Colo. Ct. App. 2011).
“Dismissal of the UPA Action The issue here is whether the magistrate could consider a request for birth-related costs under section 19-4-116, C.R.S.2011, of the UPA after it had determined the allocation of parental responsibilities and awarded child support under the UDMA.”
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