(1) If the court or delegate child support enforcement unit finds that the obligor has an obligation to support the child or children mentioned in the petition or notice, the court or delegate child support enforcement unit may enter an order directing the obligor to pay such sums for support as may be reasonable under the circumstances, taking into consideration the factors found in section 19-4-116 (6). The court or delegate child support enforcement unit may also enter an order directing the appropriate party 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 under this article 6.
(1.5) At the hearing, the court shall give a verbal advisement to the parties that a request for genetic tests shall not prejudice the requesting party in matters concerning allocation of parental responsibilities pursuant to section 14-10-124 (1.5), C.R.S. The judge or magistrate shall further advise the parties that, if genetic tests are not obtained prior to the legal establishment of paternity and submitted into evidence prior to the entry of the final order establishing paternity, the genetic tests may not be allowed into evidence at a later date.
(2) If, at or before the hearing, the respondent waives his right to a hearing and stipulates to the entry of a support order, such stipulation may be presented to the court. If the court finds that the amount stipulated is reasonable under the circumstances, it may enter an order of support in accordance with the stipulation.
(3) The court may enter a temporary support order to remain effective pending a final disposition of the proceeding.
(3.5) Upon the filing of a proceeding under this article 6 or upon the filing of a proceeding originating under article 13.5 of title 26, the judge or magistrate shall advise the parties that subsequent to an adjudication of parentage, upon motion, the court shall enter an order allocating parental responsibilities pursuant to section 14-10-124 (1.5); except that, in matters involving a nonresident party, the court shall first determine whether it has authority to issue an order allocating parental responsibilities pursuant to article 13 of title 14. Nothing in this subsection (3.5) shall be construed to authorize a delegate child support enforcement unit to negotiate or mediate the allocation of parental responsibilities in any proceeding initiated under this article or article 13.5 of title 26.
(4) The court may modify an order of support only in accordance with the provisions of and the standard for modification in section 14-10-122, C.R.S.
(5) The court may order that the respondent initiate the inclusion of the child or children under a medical insurance policy currently in effect for the benefit of the respondent, purchase medical insurance for the child or children, or, in some other manner, provide for the current or future medical needs of the child or children. At the same time, the court may make a determination of whose responsibility it shall be to pay required medical insurance deductibles and copayments.
(5.5) All child support orders entered pursuant to this article 6 must include the dates of birth of the parties and of the children who are the subjects of the order and the parties' residential and mailing addresses.
(6) Any order made pursuant to this article shall not be exclusive.
(7) The court may assess the costs of the action as part of its order.
Source: L. 87: Entire title R&RE, p. 812, § 1, effective October 1. L. 89: (4) amended, p. 795, § 25, effective July 1. L. 93: (5.5) added, p. 1564, § 16, effective September 1. L. 94: (1) amended, p. 1542, § 17, effective May 31. L. 97: (5.5) amended, p. 1277, § 18, effective July 1. L. 99: (5.5) amended, p. 1087, § 6, effective July 1. L. 2005: (3.5) added, p. 379, § 9, effective July 1; (1.5) added, p. 379, § 8, effective January 1, 2006. L. 2019: (5.5) amended, (HB 19- 1215), ch. 270, p. 2553, § 4, effective July 1. L. 2023: (3.5) amended, (SB 23-173), ch. 330, p. 1976, § 9, effective July 1; (1) amended, (SB 23-173), ch. 330, p. 1976, § 8, effective September 1.
Editor's note: 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 19-7-103 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration contained in the 1997 act amending subsection (5.5), see section 1 of chapter 236, Session Laws of Colorado 1997.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1977–2026 · leading case:
Peo in Interest of E.Q, 2020 COA 118 (Colo. Ct. App. 2020).
Peo in Interest of E.Q, 2020 COA 118 (Colo. Ct. App. 2020).
· cites it 2× “§ 19-6-104(1). ¶ 22 The court may order child support as is reasonable under the circumstances, taking into consideration the factors under section 19-4-116(6), C.”
R.Mcg. v. J.W., 615 P.2d 666 (Colo. 1980).
· cites it 10× “Section 19-6-102 defines that relationship as the legal relationship existing between a child and a natural parent, and expressly includes the father-child relationship. The parent-child relationship extends equally to every child and to every parent, regardless of the marital…”
People ex rel. A.K., 72 P.3d 402 (Colo. Ct. App. 2003).
· cites it 2× “The Larimer County Delegate Child Support Enforcement Unit (CSEU) initiated this action on behalf of mother to establish a duty of child support and arrearages pursuant to §§ 19-6-104 and 26-13.5-101, et seq., C.R.”
People Ex Rel. Ak, 72 P.3d 402 (Colo. Ct. App. 2003).
· cites it 2× “The Larimer County Delegate Child Support Enforcement Unit (CSEU) initiated this action on behalf of mother to establish a duty of child support and arrearages pursuant to §§ 19-6-104 and 26-13.5-101, et seq., C.R.”
People ex rel. S.E.G., 213 P.3d 1033 (Colo. Ct. App. 2009).
“See § 19-6-104(8.5) ("Upon the filing of a proceeding under this article [6] or upon the filing of a proceeding originating under article 18.”
Franklin v. Dist. Ct. of 10th Jud. Dist., Etc., 571 P.2d 1072 (Colo. 1977).
· cites it 3× “Two statutory provisions establish the right of an alleged father to blood grouping tests: Section 19-6-104(3), C.R.S.1973. "(3) Upon motion of the alleged father, blood grouping tests may be ordered and the results received in evidence, as provided in XX-XX-XXX, C.”
Franklin v. Dist. Court of the Tenth Jud. Dist., 571 P.2d 1072 (Colo. 1977).
· cites it 3× “Two statutory provisions establish the right of an alleged father to blood grouping tests: Section 19-6-104(3), C.R.S. 1973. “(3) Upon motion of the alleged father, blood grouping tests may be ordered and the results received in evidence, as provided in 13-25-126, C.”
Parental Resp Conc LAL (Colo. Ct. App. 2026).
· cites it 3× “¶3 Grandparents later moved for a child support order, including a request for retroactive support to the time of mother’s death in March 2023, pursuant to section 19-6-104, C.R.S. 2025. The court held an evidentiary hearing at which father represented himself.”
Franklin v. Dist. Court of the Tenth Jud. Dist., 571 P.2d 1072 (Colo. 1977).
· cites it 3× “Two statutory provisions establish the right of an alleged father to blood grouping tests: Section 19-6-104(3), C.R.S. 1973. “(3) Upon motion of the alleged father, blood grouping tests may be ordered and the results received in evidence, as provided in 13-25-126, C.”
M.F. ex rel. M.F. v. L.M., 780 P.2d 69 (Colo. Ct. App. 1989).
· cites it 2× “We conclude, therefore, that in the absence of express and unequivocal language specifying the non-revocable and non-modifiable nature of a stipulation and order for lump-sum support, the court retains the power granted by § 19-4-119 to modify or revoke such an order pursuant to…”
People Ex Rel. Seg, 213 P.3d 1033 (Colo. Ct. App. 2009).
“See § 19-6-104(3.5) ("Upon the filing of a proceeding under this article [6] or upon the filing of a proceeding originating under article 13.”
— Colo. Rev. Stat. § 19-6-104(1) — 2 cases
Peo in Interest of E.Q, 2020 COA 118 (Colo. Ct. App. 2020).
“§ 19-6-104(1). ¶ 22 The court may order child support as is reasonable under the circumstances, taking into consideration the factors under section 19-4-116(6), C.”
— Colo. Rev. Stat. § 19-6-104(3) — 3 cases
Franklin v. Dist. Ct. of 10th Jud. Dist., Etc., 571 P.2d 1072 (Colo. 1977).
“Two statutory provisions establish the right of an alleged father to blood grouping tests: Section 19-6-104(3), C.R.S.1973. "(3) Upon motion of the alleged father, blood grouping tests may be ordered and the results received in evidence, as provided in XX-XX-XXX, C.”
Franklin v. Dist. Court of the Tenth Jud. Dist., 571 P.2d 1072 (Colo. 1977).
“Two statutory provisions establish the right of an alleged father to blood grouping tests: Section 19-6-104(3), C.R.S. 1973. “(3) Upon motion of the alleged father, blood grouping tests may be ordered and the results received in evidence, as provided in 13-25-126, C.”
Franklin v. Dist. Court of the Tenth Jud. Dist., 571 P.2d 1072 (Colo. 1977).
“Two statutory provisions establish the right of an alleged father to blood grouping tests: Section 19-6-104(3), C.R.S. 1973. “(3) Upon motion of the alleged father, blood grouping tests may be ordered and the results received in evidence, as provided in 13-25-126, C.”
— Colo. Rev. Stat. § 19-6-104(4) — 1 case
M.F. ex rel. M.F. v. L.M., 780 P.2d 69 (Colo. Ct. App. 1989).
“We conclude, therefore, that in the absence of express and unequivocal language specifying the non-revocable and non-modifiable nature of a stipulation and order for lump-sum support, the court retains the power granted by § 19-4-119 to modify or revoke such an order pursuant to…”
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