Request for court hearing - transfer of jurisdiction.

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(1) At any time after effecting service of process pursuant to section 26-13.5-104, the delegate child support enforcement unit may refer the case to court by requesting a court hearing for the establishment or modification of child support without additional service of process when:

  1. The APA-respondent is incarcerated and does not participate in a negotiation conference or sign a stipulated order;

  2. An alleged or presumed parent is excluded by genetic testing results pursuant tosection 13-25-126;

  3. A parent receives an adoption subsidy for a dependent child; or(d) Any other reason set forth in rule.

(2) An APA-respondent may opt out of the APA proceedings and a court hearing must be scheduled pursuant to this section if, prior to the date and time of the currently scheduled negotiation conference, the APA-respondent delivers to the delegate child support enforcement unit a written request for a court hearing.

Source: L. 2018: Entire section added, (HB 18-1363), ch. 389, p. 2336, § 13, effective July 1, 2019.


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