Current through 11/5/2024 election
Section 26-13.5-122 - Survivability of an administrative process action order - applicability(1) If an APA order is filed into a pending court case and that court case is subsequently dismissed, the APA order survives such dismissal and continues to be valid and enforceable unless the court specifically orders the dismissal of the APA order.(2) If an APA order contains a judgment establishing paternity, a judgment for child support debt pursuant to section 14-14-104, or for costs of collection as defined in section 26-13.5-102 (4), and the parents subsequently marry each other, such judgments survive the marriage and continue to be valid and enforceable.(3) This section applies even if only one parent is a party to the APA order and even if the APA order is for foster care placement fees.(4) If the APA order establishes a support obligation that is owed to a nonparent caretaker, the support obligation, including any retroactive support, unpaid support, and monthly support owed to the nonparent caretaker, survives pursuant to this section.(5) If the APA order establishes a monthly support obligation that is or has been assigned to the county, state, or other jurisdiction, that portion of the order for a monthly support obligation during the period of assignment survives pursuant to this section.Amended by 2023 Ch. 330,§ 20, eff. 7/1/2023.Added by 2018 Ch. 389, § 13, eff. 7/1/2019.L. 2018: Entire section added, (HB 18-1363), ch. 389, p. 2337, § 13, effective 7/1/2019.