(1) Evidence of noncompliance with an order for child support, or maintenance when combined with child support, in the form of an affidavit from the clerk of the court or in the form of a copy of the record of payments certified by the clerk of the court or in the form of a copy of the record of payment maintained by the family support registry is prima facie evidence of contempt of court.
In determining whether or not the obligor is in contempt of court, the court mayconsider that the required payment has been made prior to the hearing to determine contempt or that owing to physical incapacity or other good cause the obligor was unable to furnish the support, care, and maintenance required by the order for the period of noncompliance alleged in the motion.
If, after personal service of the citation and a copy of the motion and affidavit, theobligor fails to appear at the time so designated, the court may issue a warrant for the obligor's arrest. Upon issuance of the warrant, the court shall direct by endorsement thereon the amount of the bond required.
Pursuant to subsection (3) of this section, where the obligor has been released upondeposit of cash, stocks, or bonds, or upon surety bond secured by property, if the obligor fails to appear in accordance with the primary condition of the bond, the court shall declare a forfeiture. Notice of the order of forfeiture shall be mailed immediately by the court to the obligor and sureties, if any, at the last-known address. If the obligor does not appear and surrender to the court having jurisdiction within thirty days after the date of the forfeiture, or within that period satisfy the court that appearance and surrender by the obligor is impossible and without the obligor's fault, the court shall enter judgment against the obligor and the sureties, if any, for the amount of the bail and costs of the court proceedings.
Any moneys collected or paid upon any such execution or in any case upon saidbond shall be turned over to the clerk of the court in which the bond is given to be applied to the child support obligation, including where the obligation is assigned to the department of human services pursuant to section 26-2-111 (3), C.R.S.
Source: L. 86: Entire section added, p. 730, § 1, effective May 1. L. 93: Entire section amended, p. 1561, § 11, effective September 1. L. 94: (1) amended, p. 1540, § 10, effective May 31; (5) amended, p. 2647, § 112, effective July 1. L. 97: (4) amended, p. 562, § 8, effective July 1; (5) amended, p. 1241, § 40, effective July 1.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (5), see section 1 of chapter 345, Session Laws of Colorado 1994.