Foreign Support Order: International Enforcement in Colorado

Colorado courts not only enforce their own child support orders, but once a foreign support order is registered in this state, it can be enforced just as an order issued by a state court. This simplifies international child support enforcement issues.

The procedure to register a foreign support order is straightforward, and the grounds to object to registration are limited to specific procedural grounds set forth in the statute - a Colorado court cannot hear a wholesale challenge to the order which seeks to relitigate the amount of support actually ordered by the foreign tribunal.

The United States is a signatory to the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance, also known as the “2007 Family Maintenance Convention.” The Uniform Interstate Family Support Act, or UIFSA was modified in 2008 to reflect obligations under this convention. As it did with the original UIFSA in the 1990s, federal law requires states to adopt the 2008 amendments. 42 U.S. Code § 666(f).

The amended UIFSA explicitly references the Family Maintenance Convention in C.R.S. 14-5-102(2.5), and Part 7 of UIFSA, codified in Colorado as C.R.S. 14-5-701 et seq, is the section on the enforcement of foreign support orders. Pursuant to C.R.S. 14-5-702, part 7 only applies to convention proceedings, and if part 7 conflicts with the rest of UIFSA, part 7 controls - per the Supremacy Clause of the U.S. Constitution, treaties take priority over state laws, such as UIFSA.

Similar to international child custody disputes under the Hague Convention (which get a lot more attention), this international child support and alimony agreement is intended to ensure that Americans cannot flee to the U.S. and shirk their obligations abroad.

What is a Foreign Support Order?

UIFSA does not contain a specific definition of a foreign support order, but C.R.S. 14-5-702 instead provides that the normal UIFSA provisions also apply to international child support orders, except where a specific provision in Part 7 supersedes it.

So UIFSA's definition of support order also applies to foreign support orders, which is an order:

"for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees, and other relief."

C.R.S. 14-5-102(23).

In other words, a foreign support order is one which addresses any of the following:

• Child support
• Spousal support/alimony
• Health insurance
• Medical expenses
• Support or alimony arrears.

Enforcement is limited to family support - similar to enforcing out-of-state orders under UIFSA, a property settlement or other payment ordered by a foreign divorce court cannot be enforced using the 2007 Family Maintenance Convention or UIFSA.

Registering a Foreign Support Order

Notice of Registration of Foreign Support Order

The first step in seeking to enforce an international child support order or alimony order is to register the order in Colorado. That can be done by any petitioner seeking to enforce the order. C.R.S. 14-5-705.

The steps to register foreign support orders are set out in C.R.S. 14-5-706. Pursuant to subsection (b), a request for registration must include all of the following:

1. Text of the foreign support order.
2. Record stating the support order is enforceable in the issuing country.
3. If the respondent did not participate in the foreign proceeding, a record attesting that he/she had notice and an opportunity to be heard.
4. Record of any arrears.
5. Record of any automatic adjustments to support.

Any records not in English must be translated.C.R.S. 14-5-713.

Contesting Validity of Foreign Support Order

Upon being served with the Notice of Registration of Foreign Support Order, the obligor has 30 days from service (60 days if he/she lives outside the United States) to contest registration. C.R.S. 14-5-707(b). Failure to timely object means that the registration is confirmed and enforceable in Colorado.

The Colorado court cannot relitigate the issuance of the foreign support order, nor review its merits or appropriateness of the amount. The only grounds to contest registration are those set out in C.R.S. 14-5-708(b), which include:

1. "Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard."
2. The foreign court did not have personal jurisdiction over the respondent.
3. The order is not enforceable in the issuing country.
4. The order was obtained by procedural fraud.
5. The order lacks authenticity.
6. There was a pre-existing support case already filed in CO.
7. There is a more recent order entitled to recognition.
8. If arrears are alleged, they have been paid full or part
9. If the order was a default order, then the respondent had inadequate notice of proceeding.
10. The foreign court improperly modified a support order from another court.

Additionally, a Colorado court has authority to decide on its own that the order should not be enforceable, without waiting for a formal contest from the respondent, based upon the public policy grounds set out in (b)(1) above:

"A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under section 14-5-707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy."

C.R.S. 14-5-706(d) (Emphasis added).

Lack of Personal Jurisdiction

Of the grounds UIFSA sets forth to challenge foreign support orders, the official comment to C.R.S. 14-5-708 recognizes that (b)(2) lack of personal jurisdiction is likely to be the most common challenge:

"From the perspective of the United States, subsection (b)(2) is likely to be the primary reason for a tribunal to refuse to recognize and enforce a registered Convention support order."

UIFSA does not define personal jurisdiction for international enforcement, but Article 20 of the Convention has the "Bases for recognition and enforcement", which include:

• The respondent was habitually resident in the foreign nation when the proceedings were initiated,
• The respondent submitted to the foreign court's jurisdiction,
• The parties agreed to the foreign court's jurisdiction,
• The child was habitually resident in the foreign country and the respondent lived there with the child or has resided there and provided support to the child, or
• The payee or the child was habitually resident in the foreign country when the proceedings were initiated.

Note that Article 20 allows a contracting state to make a reservation with respect to certain jurisdictional grounds, and the United States has made a reservation with respect to the italicized grounds, under which a foreign court would have jurisdiction over a U.S. resident solely because the other party or child lived there. In other words, American notions of due process require a foreign court to have personal jurisdiction over the respondent, not just over the payee, before the order can be enforced in the U.S. pursuant to UIFSA.

International Child Support Order Enforceable in Colorado Courts

Once a foreign support order has been registered in Colorado as required by UIFSA, it is enforceable just as a Colorado order would be.

Pursuant to C.R.S. 14-5-105, Colorado will treat support orders from foreign courts as any other support order, as long as the foreign country meets the criteria of C.R.S. 14-5-102(3.3), requiring that country to provide reciprocal enforcement of U.S. support orders. And all fellow signatories to the Convention provide reciprocal enforcement.

Once enforceable in Colorado, the foreign support order can be used to garnish wages, initiate contempt of court proceedings for non-payment, or any other enforcement action authorized by law.

No Modification of Foreign Support Order

Foreign orders are subject to enforcement only in Colorado, not modification. Similar to the rest of UIFSA when it comes to modifying an out-of-state order, per C.R.S. 14-5-711 Colorado may not modify a support order from a foreign country if the other party remains a resident of that country, unless:

1. The other party submits to Colorado jurisdiction, or
2. The foreign court lacks or refuses to exercise jurisdiction to modify its support order.

Registering Colorado Support Order in Foreign Country

All signatories to the 2007 Family Maintenance Convention are required to honor foreign support orders from any of the other signatories, so Colorado child support or spousal maintenance orders should be enforceable in all other signatory states. The list of signatory states includes the U.S., Canada, the European Union, many European nations, and a few other countries.

Per Article 25 of the Convention, the requirements for registering a foreign decree are similar to the UIFSA provisions in C.R.S. 14-5-706, but you should confer with an attorney licensed in that specific country to find out that nation's specific legal requirements to register a foreign support order.

UIFSA Enforcement of Child Support

Finally, if you have issues relating to UIFSA and Colorado family support jurisdiction, or the enforcement of domestic orders from other states in Colorado, see our article on UIFSA family support jurisdiction.

FAQ - Foreign Support Order & International Child Support