This publication is an officially sanctioned publication using the official text of the Colorado Revised Statutes issued for 2025. Current through legislation effective July 1, 2021.
(1)
(a)Interest per annum at four percent greater than the statutory rate set
forth in section 5-12-101 on any arrearages and child support debt due and owing before
July 1, 2021, may be compounded monthly and may be collected by the judgment
creditor; however, such interest may be waived by the judgment creditor and such creditor
is not required to maintain interest balance due accounts. After July 1, 2021, interest on
child support arrearages and child support debt accrues at the interest rate specified in
subsection (1)(b) of this section.
(b)Interest per annum at two percent greater than the statutory rate set forth in
section 5-12-101 on any arrearages and child support debt due and owing on and after
July 1, 2021, may be compounded annually and may be collected by the judgment
creditor; except that such interest may be waived by the judgment creditor and such
creditor is not required to maintain interest balance due accounts.
(2)If the judgment creditor seeks interest on child support arrearages as set forth
in subsection (1) of this section, the debtor obligor may apply to the court to request that
the court find good cause to use discretion in disallowing the calculated interest, or a
portion thereof, on child support arrearages. In so doing, the court shall consider but is
not limited to the following:
(a)Whether good cause existed for the nonpayment of the child support;
(b)Whether payment of the interest would result in undue hardship or substantial
injustice for the obligor owing the interest; and
(c)Whether the disallowance or reduction of interest would result in undue
hardship and substantial injustice to the person to whom the interest is owed.
(3)The court may determine an equitable period of repayment of any interest and
arrears owed, if applicable, as set forth in this section.
