Colorado State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?

All programs operate through the County Department of Human Services, many of which contract with private counsel. The El Paso and Teller County programs have obtained a purchase of services agreement with YoungWilliams Child Support Services.

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?

Yes

A2.1. If yes, what is the statutory citation?

26-13-105 (2) Colorado Revised Statutes.
For Additional Information - No Link Provided

A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?

No.

A2.3. If yes, please explain.

N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?

14-5-101 through 14-5-903 Colorado Revised Statutes
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?

Only the original is required. The use of EDE is encouraged and preferred.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)

The following provinces in Canada: Alberta, British Columbia, New Brunswick, Ontario, Saskatchewan and the Yukon Territory, Australia, France, Germany, Ireland, Norway, Poland, Sweden and the United Kingdom (England, Scotland, Wales and Northern Ireland).

C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?

C1.2. If yes, please explain.

N/A

C2. Has your state established reciprocity with any Native American tribal courts?

C2.1. If yes, list the tribes and identify services provided, if less than full services.

N/A

C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries?

Yes

C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

The state will accept an abstract or summary of the order on the appropriate form.

D. Age of Majority

D1. What is the age of majority in your state?

Unless a court finds that a child is otherwise emancipated, emancipation occurs at age 19. Emancipation is extended by enrollment in high school or an equivalency program, but not beyond age 21. If the child is disabled, support may continue beyond age 19. Emancipation may occur at any earlier age due to marriage or entry into active military service.

D2. What is the statutory citation for the age of majority?

14-10-115 (13), Colorado Revised Statutes (C.R.S.) for orders entered after July 1, 1997 and 14-10-115 (15), C.R.S for orders entered prior to July 1, 1997.
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

Generally, for all orders, child support terminates automatically without the necessity of a Motion, when the "last or only" child of an order reaches age 19 or otherwise emancipates, unless one of three statutory exceptions exists. This is true in most cases, even if the order states a different age for the termination of child support, as explained in D4 below. Child Support will continue after the last or only child attains age 19 if (1) the child is physically or mentally disabled, or (2) the child is still enrolled in high school or an equivalency program (in which case child support continues until the month following graduation, but not beyond age 21) or (3) if the parties sign a written stipulation agreeing that child support continue beyond age 19. The stipulation must be signed after July 1, 1997 for orders entered after that date or after July 1, 1991 for orders entered prior to July 1, 1997. These rules apply to "flat orders." See D7 below for a discussion of "per child" orders.

D4. Does the date of the order determine the law that is applied?

Yes

D4.1. If yes, please explain.

On July 1, 1991, Colorado lowered the age of emancipation from 21 to 19. This is one of the reasons Colorado has two different statutory sections dealing with emancipation. Although both sections provide for exceptions to the general rule of emancipation upon attaining the age of 19, the exception regarding written stipulations is different as noted above in D3.

D5. Does child support end if the child leaves the household, but does not emancipate?

D5.1. Optional comments regarding emancipation.

Emancipation will also occur if a child marries or enters active military service. For further information, please contact Emily Wengrovius, the emancipation subject matter expert at Emily.Wengrovius@state.co.us or at 303-866-5428.

D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?

Yes

D6.1. If yes, please explain.

D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?

Yes

D7.1. If yes, please describe the procedure.

Only if the order is a "per child" order. Most orders in Colorado are "flat orders," meaning one child support amount is established for all the children as a group. For "flat orders," a party must file a request for a review or Motion to Modify to reduce a child obligation, unless the "last or only" child emancipates. See D3 above. If a court enters a "per child" order, the child support amount would be reduced pursuant to the order as each child emancipates. However, the same exceptions noted in D3 above would also apply.

D8. Does your state accept a application from a party after all of the children on the case have emancipated?

D8.1 If not, how does this affect interstate referrals?

If all arrears are assigned, or if the arrears are due both the CP and TANF, the interstate referral will be accepted. If the arrears are due exclusively to the CP, the Initiating state's case must have been open continuously since prior to emancipation. This information must be included in Section VI of the Transmittal #1.

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?

20 years. Any unpaid child support is considered a judgment by operation of law. If the arrears are reduced to judgment by the court, the 20 year statute of limitations begins from the date the judgment was entered. 54th Colorado Court Rules for Civil Procedure 13-52-102 C.R.S.
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E2. What is your State's statute of limitations for paternity establishment?

18 years of age if action initiated by custodial parent; 21 years of age if action is initiated by child.
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E3. Is dormancy revival/renewal possible?

Yes

E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.

Colorado child support judgments expire after 20 years. In order to enforce the judgment past the 20 years, the judgment must be revived prior to the 20-year expiration. 14-10-122, C.R.S.
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?

Shared Income Model. 14-10-115 C.R.S
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F2. Does your state charge interest on arrears?

Yes

F2.1. If yes, please indicate the amount of interest charged and any related conditions.

County CSS offices can choose whether or not to enforce interest and most do not offer that service. Under Colorado Revised Statutes, interest may be calculated for child support arrearages. The following interest percentages can be calculated: prior to June 30, 1975, 6% simple interest; July 1, 1975, through June 30, 1979, 8% simple interest; July 1, 1979, through June 30, 1986, 8% compounded interest; July 1, 1986, through June 30, 2021, 12% compounded interest; and July 1, 2021 through the present 10% compounded interest. If a Colorado county elects to enforce interest, the County CSS office must provide written notification prior to enforcing interest. If the CSS office is enforcing interest, it can only be assessed beginning with the date of this written notification. If interest is assessed, an updated interest calculation must be completed every six months, and notice provided of the new interest amount that has been assessed. 14-14-106 & 5-12-101, C.R.S.
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F3. Does your state charge interest on retroactive support?

Yes

F3.1. If yes, please indicate the amount of interest charged and any related conditions.

From date of order forward. A judgment is not required. County CSS offices can choose whether or not to enforce interest and most do not offer that service. Under Colorado Revised Statutes, interest may be calculated for child support arrearages. The following interest percentages can be calculated: prior to June 30, 1975, 6% simple interest; July 1, 1975, through June 30, 1979, 8% simple interest; July 1, 1979, through June 30, 1986, 8% compounded interest; July 1, 1986, through June 30, 2021, 12% compounded interest; and July 1, 2021 through the present 10% compounded interest. County CSS offices must provide written notification prior to enforcing interest. If the CSS office is enforcing interest, it can only be assessed beginning with the date of this written notification. If interest is assessed, an updated interest calculation must be completed every six months, and notice provided of the new interest amount that has been assessed. 14-14-106 & 5-12-101, C.R.S.

F4. Does your state charge interest on adjudicated arrears?

Yes

F4.1. If yes, please indicate the amount of interest charged and any related conditions.

County CSS offices can choose whether or not to enforce interest and most do not offer that service. Under Colorado Revised Statutes, interest may be calculated for child support arrearages. The following interest percentages can be calculated: prior to June 30, 1975, 6% simple interest; July 1, 1975, through June 30, 1979, 8% simple interest; July 1, 1979, through June 30, 1986, 8% compounded interest; July 1, 1986, through June 30, 2021, 12% compounded interest; and July 1, 2021 through the present 10% compounded interest. County CSS offices must provide written notification prior to enforcing interest. If the CSS office is enforcing interest, it can only be assessed beginning with the date of this written notification. If interest is assessed, an updated interest calculation must be completed every six months, and notice provided of the new interest amount that has been assessed. 14-14-106 & 5-12-101, C.R.S.
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?

F5.1. If yes, under what circumstances?

N/A

F6. Does your state elect to recover costs or charge fees in your IV-D state plan?

Yes

F6.1. If yes, what costs are recovered from or fees charged to the obligee?

A refund intercept fee of $35 (IRS offset only). An annual $35 fee, required by the Deficit Reduction Act of 2005 (DRA), is charged to all custodial parties who have never received public assistance under Title IV-A. The fee is withheld from the next payment once $550 has been disbursed to the family. A CSLN fee of $48.50 is charged for personal injury and workers compensation intercepts.

F6.2. If yes, what costs are recovered from or fees charged to the obligor?

Colorado will recover genetic testing costs upon the establishment of paternity from the obligor and service of process costs in some cases.

F7. Does your state recover costs on behalf of the initiating state?

Yes

F7.1. Optional comments regarding recovery of initiating state's fees.

Colorado will recover genetic testing costs upon the establishment of paternity from the obligor and service of process costs in some cases.

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?

14-5-201 Colorado Revised Statutes
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F9. Does your state establish, enforce, or modify spousal maintenance orders?

Yes

F9.1. If yes, under what circumstances?

Only if we are also enforcing a child support order.

F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)

F10.1. Optional comments regarding required information on spouse or partner.

Credit can be given if a spouse is providing medical coverage for the child, so that information and the cost should be included, if applicable.

F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?

Colorado imposes the $35 fee on the obligee and withholds it from future disbursements, once the $550 threshold has been reached.

F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $550?

Yes

F11.2 Does your state collect the fee from the person applying for IV-D services?

We collect from the obligee, who is usually, but not always, the applicant.

F11.3. Does your state collect the fee from the absent parent?

F11.4. Does your state pay the fee out of its own funds?

No. However, if the fee is waived by the county, the county pays the fee.

F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?

10/01/2009.

F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?

Yes

F14. Does your state participate in the pass-through in former assistance cases?

F14.1. If yes, provide the date.

N/A

F15. Will your state discontinue eligible assignments under the DRA of 2005?

Yes

F15.1. If yes, list the eligible assignments your state would discontinue.

Pre-assistance arrears for assignment signed on or after 10/01/1997.

F15.2. When will your state discontinue each type of assignment?

10/01/2009

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?

PRWORA

F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?

The CSS offices files a Motion to Join Party and Add Payee with the court. Once approved, this redirects the payments to the caretaker.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?

The CSS offices files a Motion to Join Party and Add Payee with the court. Once approved, this redirects the payments to the caretaker. The procedure would be followed only if the caretaker applied for services or we received a UIFSA action from another state.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?

F17.3. How does your state collect the $35.00 annual fee on never-TANF cases?

Colorado imposes the fee on the obligee and withholds it from future disbursements, once the $500 threshold has been reached.

F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases?

Yes

F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees).

Service of process (process server and certified mail) and genetic testing costs.

F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)

F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?

All income types can be withheld except for means-tested income. 13-54-104 C.R.S, 14-10-115 C.R.S, 14-14-102 C.R.S, 14-14-111.5 C.R.S.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?

Yes

G2.1. If yes, what are those limits?

Withhold 50% if the arrears balance is less than 12-weeks old and withhold 55% if the arrears balance is more than 12-weeks old.

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?

The employer, trustee or other payor of funds may extract a processing fee of up to five dollars ($5.00) per month from the remainder of the obligor's income after the deductions and withholding. 14-14-111.5 C.R.S.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?

An income assignment shall take effect no later than the first pay period that begins at least fourteen days after the mailing date on the notice of Income Assignment.

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?

The employer shall forward payment within seven business days after the date of each deduction.

G6. What are your state's procedures for sanctioning employers for not implementing income withholding?

If an employer fails to abide by the terms in the Notice of Income Assignment, the employer may be held in contempt of court.

G7. What is the penalty to an employer for failure to remit payments withheld?

The employer may be held liable for an amount up to the accumulated amount the employer should have withheld from the obligor's income. 14-14-111.5 C.R.S
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?

G8.1. Explain your process for receiving direct withholding orders across state lines.

N/A
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G8.2. What documents are required to intercept UI benefits?

In order to process a withholding from UI benefits, Colorado must receive a full UIFSA case that includes a Transmittal #1, a Letter of Transmittal Requesting Registration, and a certified copy of the order if it was not issued in Colorado.

G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?

Yes

G9.1. Optional comments regarding direct withholding of WC benefits across state lines.

N/A

G10. How does an obligor contest income withholding in your state?

The obligor may file with the court a written objection to the activation of an income assignment no later than 14 days after actual notice. The court will deny the objection without a hearing if the objection is not based on a mistake of fact such as the identity of the obligor or in the amount of support. 14-14-111.5, C.R.S.

G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.

1. Current monthly child support and maintenance when included in the child support order for all income assignments is paid first. 2. A specific dollar amount applied toward medical support, if ordered by the court (not health insurance premiums) is paid second. 3. Child support debt, arrears, and retroactive support due, including medical support arrears are paid third. 4. Maintenance only is paid fourth. The available amount must be prorated across all orders.

G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?

Yes

G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.

Assistance is available, however, employers should also use the applicable statute: 14-14-111.5 (6)(b) Colorado Revised Statutes.
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?

Insurance premiums for the children of the order must be deducted if a National Medical Support Notice has been issued for the child on the income withholding order along with the federally required deductions to calculate disposable income.

G13. When does your state require the employer to send notice of an employee's termination?

Employers should contact the state within 10 calendar days of the employee's separation.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?

Indefinitely - No specific time frame is provided except that the income assignment states that the income assignment is continuing and remains in effect until further notice.

G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?

G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?

Yes. We provide employers the ability to make on-line one time or recurring payments using a checking/savings account or credit card.
For Additional Information -

https://childsupport.state.co.us/siteuser/do/vfs/Frag?file=/cm:payIns.jsp

G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?

Yes - To any payer of funds other than unemployment compensation.
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.

Health insurance premiums are deducted to calculate disposable income promptly - No specific time frame is provided. Cash medical support prioritization is secondary to current support. Insurance premiums for the children of the order must be deducted along with the federally required deductions to calculate disposable income. 13-54-104 C.R.S
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?

Our rules states, we pay instate NIVA arrears first, then out of state NIVA arrears. After that, it's instate IVA arrears, then out of state IVA arrears.

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

Rule-9CCR 2504-1
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G21. Does your state's law require a signature on the income withholding order?

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?

H1.1. If yes, please explain.

N/A

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

A rebuttable presumption of paternity is created when the genetic tests results show that the probability is ninety-seven percent or higher. 19-4-105 C.R.S.
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.

A duly executed voluntary acknowledgment of paternity is considered a legal finding of paternity 60 days after execution of such document. However, a parent may contest paternity in a Colorado court action as a defense in a child support action, even after this 60-day period. 19-4-105 C.R.S.
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?

07/01/1997

H4.1. Were acknowledgments prior to that effective date rebuttable?

Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.

N/A
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H5. Does marriage constitute a rebuttable presumption of paternity?

Yes

H5.1. If yes, how is the presumption rebutted?

Marriage creates a presumption that may be rebutted in an appropriate action only by clear and convincing evidence. 19-4-105 C.R.S.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?

Yes

H6.1. If no, briefly explain.

A legal finding of paternity based on a Voluntary Acknowledgement of Paternity may be challenged in a Colorado court on the basis of fraud, duress, or mistake of material fact, with the burden of proof on the challenger. 19-4-105 C.R.S
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?

7/1/97

H8. Does your state have any other paternity-related presumptions?

Yes

H8.1. If yes, briefly explain.

Presumptions of paternity include marriage, attempted marriage, the father receiving the child into his home and openly holding out the child as his natural child, and genetic testing shows a probability of 97% or higher. Details may be found in the Colorado Revised Statutes, 19-4-105.

H9. Does your state have a putative fathers' registry?

H9.1. If yes, what is the name of that entity?

N/A
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?

Yes

H10.1. If yes, please describe any circumstances under which these fees may be waived.

There are no circumstances under which these fees may be waived.
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H11. Is common-law marriage recognized in your state?

Yes

H11.1. If yes, briefly describe the standard that defines common-law marriage.

The man and woman are free to enter into a marriage contract, if neither is married to another person and both parties are of legal age (18). The man and woman hold themselves out to the public as married: such as sharing a joint checking account, filing joint income tax returns or putting both names on property titles as husband and wife.

H11.2. When did your current common-law standard go into effect?

H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?

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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?

Persons may testify or be deposed by telephone, audiovisual means or other electronic means, as authorized by the court.

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.

14-5-201 Colorado Revised Statutes
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H14. Does your state recover genetic testing costs for another state?

Yes

H14.1. If yes, please explain.

Colorado will attempt to recover genetic testing costs for another state if that state has a judgment for the costs. After Jan. 3, 2011, the responding state is responsible for these costs.

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?

Birth Certificate Worksheet for married parties. Voluntary Acknowledgment of Parentage form for unmarried parties or a court or administrative order establishing parentage.

H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?

One set of documents

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Combined

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?

At all times except for A) Colorado court order exists which establishes a monthly child support obligation, or an order exists in Colorado which could be modified to establish a monthly child support obligation, or B) The county director or designate IV-A staff has made a finding of good cause exemption from referral to the Child Support Services Unit, or C) The case requires paternity establishment and the case involves a presumed father and one or more alleged father(s) or the case involves multiple alleged fathers, or D) One or both of the parents is under age 18, or E) A non-custodial party requests a court hearing prior to the scheduled Administrative Negotiation Conference, or F) The parties cannot agree to certain issues at the Administrative Process Negotiation Conference.

I1.2. Under what circumstances would a judicial process would be used?

A) Colorado Judicial court order exists which establishes a monthly child support obligation, or B) The case requires paternity etablishment and the case involves a presumed father and one or more alleged father(s) or the case involves multiple alleged fathers, C) One or both of the parents is under age 18, or D) A non-custodial party requests a court hearing prior to the scheduled Administrative Negotiation Conference, or E) Other situations defined by Rule-9CCR 2504-1.

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.

26-13.5-101 through 26-13.5-115 Colorado Revised Statutes 2014
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?

The financial resources of the other parent and, in rare cases, of the child. 14-10-115 C.R.S.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?

The courts may deviate from the guideline where its application would be inequitable, unjust or inappropriate. Any such deviation shall be accompanied by written or oral finding by the court specifying the reasons for the deviation. 14-10-115 C.R.S
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I4. Will your state establish support orders for prior periods?

Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?

County Policy will determine the administrative establishment of support for a prior period. A party may always file a motion with the court in the same action to seek retroactive support. Restrictions on retroactive support: an order for support or a prior period may not be entered (1) for those months the custodial party received public assistance or (2) for those months the custodial party did not have custody of the child(ren), or (3) for those months the custodial party and the non-custodial party lived together. In cases where a divorce or legal separation action has been filed, a party can receive retroactive support from the date of the parties' physical separation, the filing of the petition, or upon service to the obligor, whichever date is the latest.

I4.2. What information or documentation does your State require to proceed?

Documentation of any relevant facts set forth in I4.1 above and an Affidavit of retroactive support. 14-10-115 C.R.S.
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?

I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?

Establish child support (with paternity if necessary), including current support, retroactive support, child support debt (recovery of public assistance) and foster care fees/costs. All enforcement remedies except contempt are administrative.
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I6. What is your state's statutory authority for the administrative process?

26-13.5-101 through 26-13.5-115 Colorado Revised Statutes 2014.
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I7. Is there a local state law that allows an interstate administrative subpoena?

No
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?

No
For Additional Information - No Link Provided

I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?

I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?

I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?

It might be either establishment or modification, depending upon the reason for the reservation.

I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?

I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?

No, but it is recommended.

I14. What methods of personal service does your state use? **

Personal service may be accomplished by sheriff or similar governmental official, by private process server, or by certified mail.

I15. Does your state send and receive pleadings and documents electronically in international cases? **

I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **

N/A

I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **

Authorized adjustments to the child support guideline include payment on other child support orders, supporting other non-joint children without an order, payment/receipt of spousal maintenance (alimony) pursuant to an order, and certain court-ordered post-secondary education payments. Parents can also be credited payments of work or education-related child care costs, premium costs to provide medical insurance the children on the order, extraordinary medical expenses of the children, and certain qualified expenses agreed to or court-ordered, such as visitation and special education costs. The child support owed can also be adjusted for certain social security payments received by the child.

I17. Please provide the relevant statutory or case law citation. **

Section 14-10-115, C.R.S.
For Additional Information - No Link Provided

I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **

Yes

I18.1 If yes, indicate the appropriate responses. **

Yes, but they must be approved by a court. The court and child support agencies must use the Colorado child support guidelines in calculating child support obligations. Only a court may use discretion and deviate from that amount if appropriate. In dissolution of marriage and parenting time judicial actions, mediation is required.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).

J1.1. Are your state income tax refund procedures judicial, administrative, or both?

Administrative.

J2. Is the lien process in your state judicial, administrative, or both?

Both

J2.1. What are the trigger criteria for filing a lien?

The existence of an arrears balance. 14-10-122 C.R.S
For Additional Information - No Link Provided

J2.2. Where are your state liens filed?

Real Estate-County Clerk and Recorder, Personal Property - Secretary of State's Office, Motor Vehicle-County Clerk and Recorder (except in Denver County, Motor Vehicle liens are filed with Department of Motor Vehicles). 14-10-122 C.R.S.

J2.3. Does your state charge a fee for filing a lien?

J2.4. If yes, please indicate the amount.

Colorado CSS is exempt from fees for filing on real property and personal property. Colorado CSS is charged $10.00 per page for Motor Vehicle Liens.

J.3. Does your state enforce property seizure and sale?

Yes

J3.1. Are the property seizure and sale procedures judicial, administrative, or both?

Judicial. This remedy is available but rarely used by county offices.

J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?

Administrative.

J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?

An NCP receives notice of FIDM enforcement remedy in the yearly tax offset notice.

J4.2. Does your state's income withholding definition include amounts in financial institutions?

No
For Additional Information - No Link Provided

J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?

J4.3.1 If yes, who notifies the NCP, the state or the financial institution?

Colorado does not send an Intent to Freeze and Seize Notice. However, the State sends a copy of the Lien and Levy to the obligor, along with a notice advising of any appeal rights and advising of the reasons for which an exemption/exception may be requested. A notice is also sent to all joint account holders advising them of their appeal rights.

J5. What are the time frames if a new notice of intent to freeze and seize must be sent?

The NCP's copy of the lien and the accompanying appeal rights and exception/exemption notice are sent to the NCP seven days after the lien is sent to the financial institution.

J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?

At least $1,000 in arrears and no payments received over the last three (3) months. 9CCR2504-1, 6.906

J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?

At least $1,000 in arrears and no payments received over the last three (3) months. 9CCR2504-1, 6.906
For Additional Information - No Link Provided

J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?

Yes 9CCR2504-1, 6.906

J5.3.1. If yes, please provide the time frame.

No payments received over the last three (3) months. 9CCR2504-1, 6.906

J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?

J5.4.1. If yes, provide the percentage.

100% of the assets are frozen. The NCP can request an exception or exemption and provide documentation after 100% of the asset is frozen.

J5.4.2. Is the percentage different for joint accounts?

J5.4.3. If yes, describe.

100% of the assets are frozen. The joint account holder has the right to appeal and provide documentation showing ownership of funds.

J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.

Yes, $25.00

J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?

The Financial Institution.

J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?

They have twenty days from the date of the notice to request and prove a joint account appeal or to request and prove an exception/exemption. 9CCR2504-1, 6.906.4 & 6.906.5
For Additional Information - No Link Provided

J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?

They have thirty days from the date of joint account appeal finding or from the exception/exemption finding to appeal that decision to the court.

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?

Parties have twenty days from the date of the notice to challenge an action. An obligor can request an exemption based on source of account funds (SSI,SSA Survivor, VA disability, public assistance or child support); type of account (trust, custodial/UTMA, commercial); mistaken identity; and income (50% of monthly income can be retained). An obligor can also request an exception for terminal illness. Joint account holders can request a marital exemption to return 50% of the seized funds or based on ownership of deposits up to 100%. 9CCR2504-1, 6.906.4 & 6.906.5
For Additional Information - No Link Provided

J5.10. Is your state's complaint review process judicial, administrative, or both?

Administrative

J5.11. What are your state's penalties for incorrect seizures?

None

J5.12. Is the second challenge administrative, judicial, or both?

Judicial

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?

The non-debtor has twenty days from the date of the notice to request a marital exemption to return 50% of seized funds or an appeal based on ownership of deposits up to 100%.

J5.14. Is the freeze and seize operation in your state centralized or automated?

Centralized and automated. County CSS offices have input as to whether or not a lien is issued.

J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?

J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?

J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.

N/A
For Additional Information - No Link Provided

J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?

Yes. The financial institution is instructed to hold the asset for thirty days from the date of the lien (or longer if there is an ongoing appeal).
For Additional Information - No Link Provided

J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?

The financial institution is advised to remit funds on the 31st day (31 days from the date on the financial institution Notice of Lien and Levy).
For Additional Information - No Link Provided

J6. Does your state withhold state funds or benefits?

Yes

J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?

Administrative withholding of workers' compensation benefits and unemployment benefits.

J7. Describe any other administrative enforcement procedures your state may have.

License suspension (recreational, professional, driver's), credit reporting, IRS and State tax offset, gambling winnings intercept, insurance claim payments, awards and settlements lien and attachment, unclaimed property intercept, lottery intercept and vendor offset.

J8. Describe any other judicial enforcement procedures your state may have.

Contempt of court, criminal non-support, Rule 69 hearing (judicial hearing held to solicit testimony regarding employment/assets), posting bonds or surety, writs, and garnishments.

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?

Real Estate-County Clerk and Recorder; Personal Property - Secretary of State's Office; Motor Vehicle-County Clerk and Recorder (except in Denver County, Motor Vehicle liens are filed with Department of Motor Vehicles) 14-10-122 C.R.S.
For Additional Information - No Link Provided

J10. Which of your state's enforcement remedies are available without judicial actions?

Income Assignment; license suspension, including driver's, recreational, and professional licenses; attachment of Worker's Compensation and unemployment benefits; vendor offset; unclaimed property; credit reporting; FIDM; gambling intercept; administrative offset; insurance claim payments, awards and settlements lien and attachment; and state and federal tax offset.

J11. Describe your state's procedures for registering and enforcing another state's order.

A Notice of Registration order is sent to the non-registering party, advising that a hearing to contest the validity or enforcement of the registered order must be requested within twenty days of the notice. Failure to contest within this time period will result in confirmation of the order by operation of law.

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.

None - Enforcement is identical to instate case enforcement.

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?

Yes

J13.1. If yes, provide the statutory citation.

13-53-101 through 13-53-108 Colorado Revised Statutes 1998.
For Additional Information - No Link Provided

J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?

Arrears greater than $500 and greater than 60 days past due.

J15. To which credit bureaus does your state report an obligor's child support information?

Trans Union, Experian and Equifax

J16. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative

J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.

J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.

MSFIDM & FIDM

J19. What documentation does your state require to proceed with an AEI request?

Completed Transmittal #1, copy of the court order, payment record, and all FI information (FI name, TIN #, and joint account addresses, if appropriate).

J20. What mandatory data elements does your state need to process AEI requests?

Completed Transmittal #1, copy of the court order, pay record, and all FI information (FI name, TIN #, and joint account addresses, if appropriate).
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm

J21. Which additional data elements would aid your state in processing AEI requests?

N/A

J22. How many copies/sets of documents does your state require with an AEI request?

Colorado requires one copy of the documents via U.S. Mail.

J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?

Colorado only uses AEI data for lien and levy actions.

J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?

J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.

Completed Transmittal #1, copy of the court order, payment record, and all FI information (FI name, TIN #, and joint account addresses, if appropriate).

J25. What is the procedure for obtaining a certified copy of a court order?

Certified copies of orders can be requested by submitting a Transmittal #3 directly to the child support office of the county that issued the Colorado order, or to the Central Registry. Including a copy of the Confidential Information Form may expedite your request. Requests by phone and email/fax requests without the Transmittal #3 included will not be honored.

J26. What is the procedure for obtaining a certified payment record?

Payment records can be obtained from the Family Support Registry at 1-800-374-6558 or by CSS workers who have requested and obtained a login and password to the Colorado website at www.childsupport.state.co.us.

J27. Is there a cost for requesting a certified copy of a court order or payment record?

If Colorado does not have an open IV-D case, some of the courts do charge for certified orders. There is no charge for a payment record.

J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?

Colorado suspends driver's licenses for nonpayment of support. Colorado does not revoke licenses. The county caseworker has the ability to work with non-custodial parents.

J29. What triggers a driver's license revocation?

Colorado does not revoke licenses. License suspension is triggered by non-payment of support.

J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?

J29.2 If yes, what is the amount?

N/A

J30. Under what conditions may a noncustodial party restore the driver's license?

Payment in full or negotiation of a lump sum payment with county child support case worker.

J30.1 What is the process for restoring a driver's license?

The Division of Child Support Services issues a Notice of Compliance to the Department of Revenue, Division of Motor Vehicles, which allows the obligor to reinstate his/her driving privilege. The obligor must pay a reinstatement fee to the Division of Motor Vehicles.

J31. Does your state allow temporary or conditional driver's licenses?

Yes

J31.1 If yes, what are the conditions?

Compliance with the Department of Revenue, Division of Motor Vehicles temporary license policies and procedures.

J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.

County caseworkers have the ability to take the circumstances of the case into consideration throughout the driver's license suspension process.

J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?

Yes

J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?

Yes

J33.2 What is the dollar amount?

$150 for TANF cases; $500 for non-TANF cases

J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?

J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?

N/A

J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?

J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?

N/A

J36.2 What is the dollar amount?

N/A

J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?

J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?

N/A

J38.2 What is the dollar amount?

N/A

J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?

J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

Only as authorized by the guidelines statute, 14-10-115, C.R.S. SSDI payments due the child because of the NCP's disability and received by the CP as Representative Payee are credited dollar for dollar against the MSO due from the NCP. Payment of past-due lump-sum SSDI payments due the child are also credited dollar for dollar against any arrears and/or judgment for retroactive support.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?

By request of the custodial party, non-custodial party or the CSS office. In cases containing an active assignment of rights, the review shall be done at least once every 36 months.
For Additional Information - No Link Provided

K2. Briefly describe your state's modification procedure.

By request of the custodial party, non-custodial parent or CSS office, and automatically in TANF cases every three years.

K3. What are your criteria for modification (for example, $50 or 20% from present order)?

Review notices and income and expense affidavits are forwarded to the parties and financial information is gathered. A guideline calculation will be completed on the 30th day following the notice. If the results of the guideline calculation meet the criteria listed in response below (K4), a change may be indicated, and a post review notice sent out. The parties have 15 days to challenge the results of the review. The parties have a right to request a judicial determination of the findings.

K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

K4.1. The earnings of the obligor have substantially increased or decreased.

Yes

K4.2. The earnings of the obligee have substantially increased or decreased.

Yes

K4.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.

K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

Yes

K4.6. There has been a substantial change in childcare expenses.

Yes

K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

The change can be based on a change in the number of overnights with each parent, health insurance premium costs, or other extraordinary adjustments, such as expenses associated with visitation or private school.

K5. Does your state have cost of living adjustments (COLAs) for orders?

K5.1. If yes, what index does your state use?

N/A

K6. How does your state credit SSA disability to current and past-due support?

The amount of the SSDI award received on behalf of the children is offset against the guideline support amount. A retroactive lump sum award for the NCP's disability received on behalf of the children by the CP must be credited against any past-due child support obligation which accrued during the disability time period.

K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.

Yes

K7.1. If yes, explain the circumstances?

Support can only be abated through the modification process and the result is dependent upon court findings.

K7.2. What is the statutory citation for your abatement law?

Colorado has no abatement statute but the courts do have equitable power to abate a child support order as appropriate.
For Additional Information - No Link Provided

K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

TANF certifications should be requested from the county TANF office.
For Additional Information - No Link Provided

K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.

These requests should be made to the Vital Records Department at 303-692-2230 or www.colorado.gov/cs/Satellite/CDPHE-CHEIS/CBON/1251593016787.

K8. What information does your state require to register an out-of-state order for enforcement/modification?

The UIFSA packet must include a Transmittal #1, a Confidential Information Form, Letter of Transmittal Requesting Registration, and a copy of the order. A month-by-month calculation of arrears is also highly recommended and might be required by some courts. If a modification is being requested, the Personal Information Form, Uniform Support Petition and General Testimony are also required and documentation of the requesting party's income and expenses is highly recommended. I

K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?

Colorado statute is silent on this issue. State CSS policy allows flexibility when setting arrears payments.

K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?

Colorado statute is silent on this issue. State CSS policy allows flexibility when setting arrears payments.

K10. What circumstances will cause your state to end child support before the normal duration? **

The child is considered emancipated before reaching the age of 19 through marriage or active military duty. Support continues after reaching the age of 19 if the child is in high school or an equivalent program or if the child is mentally or physically disabled.

L. Payments

L1. Does your state define a lump sum payment?

Yes

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).

Bonuses, commissions, severance pay.

L1.2 Provide the statutory citation.

14-14-111.5(4)(c)(XI),Colorado Revised Statutes
For Additional Information - No Link Provided

L2. Does your state law require employers to report lump sum payments?

Yes

L2.1 If yes, give the statutory citation or rule.

14-14-111.5(4)(c)(XI) Colorado Revised Statutes.
For Additional Information - No Link Provided

L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?

Yes

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?

None

L4. How are employers instructed to report a pending lump sum?

Call Family Support Registry Employer Services at 800-696-1468 or send an email to CDHS FSREmployerServices@state.co.us

L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?

In most cases 2 business days depending on the volume of work and the order in which the request was received.

L6. Does your state use the income-withholding order to attach the lump sum payment?

Yes

L7. Does your state use the lien/levy process to attach lump sum payments?

Yes

L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?

The lien/levy process is used for lump sums other than employer withholdings (such as insurance), using a Writ of Garnishment.

L8. What other documents does your state use to attach lump sum payments?

None

L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?

No, Colorado asks for 50% of the lump sum disposable income up to an arrears balance.

L9.1. If yes, what are those limits?

N/A

L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?

The employer should withhold 50% if the arrears balance is less than 12-weeks old and 55% if the arrears balance is more than 12-weeks old.
For Additional Information - No Link Provided

L9.3. If yes, what are those limits?

See L9.2

L9.4. If no, what percentage is the employer required to withhold?

N/A

L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?

L10.1 If yes, would the employer only withhold for that period's obligation?

N/A

L11. Does your state have a direct deposit program?

Yes

L11.1 If so, specify the vendor.

We do the direct deposits internally; we do not use a vendor.

L12. Does your state have a debit card program?

Yes

L12.1 If so, specify the vendor.

Systems & Methods Inc.

L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?

L13.1 If so, are there fees involved?

N/A

L14. What are the fees associated with using the card?

The client can use the card without any fees. Depending on where and how they use it, some transactions have fees.

L15. How does your state collect child support payments from an obligor? **

All payments are made to the Family Support Registry (FSR), our state disbursement unit. Many payments are made through income withholding orders sent to the obligors' employers. Other options include paying by one time or recurring automatic withdrawal, check, credit or debit card or at a PayNearMe or MoneyGram location and some counties utilize kiosks for payments.

L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **

Most payments to other countries are sent by check. Some payments are sent electronically to a bank account maintained by the other country in the U.S. and we also send some SWIFT wire transfers. We have three options for each foreign payment agency. 1. The payment is made payable to the agency and sent to the agency's address. 2. The payment is made payable to the custodial party and sent to the agency's address. 3. The payment is made payable to the custodial party and sent to the custodial party's address.

L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **

None

L18. Does your state process electronic payments in international cases? **

Yes

L18.1 If so, describe the process. **

Send via SWIFT Wire Transfer to the International Bank Account.

L19. What is your state's International Bank Account Number (IBAN)? **

120413254422

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information -

http://www.dol.gov/whd/regs/compliance/whdfs30.pdf

M1.1. Additional information on the CCPA.

For Additional Information -

http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm

M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?

Yes

M2.1. If yes, provide the statutory citation

Colorado has the authority to issue administrative lien and attachments on insurance claim payments, awards, and settlements. Colorado Revised Statutes 26-13-122.7 Lien by Operation of Law statute as required in PRWORA. Colorado Revised Statutes 14-10-122(1.5)(a).
For Additional Information - No Link Provided

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?

Name, DOB, SSN
For Additional Information - No Link Provided

M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?

Automatic match process via the Child Support Lien Network (CSLN)

M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?

Owe greater than $500 in arrears. Personal injury, Wrongful Death, Workers' Compensation

M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?

Greater than $500 in arrears. Insurance payment greater than $1000.

M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?

Data exchange through the Child Support Lien Network (CSLN)

M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?

The Child Support Lien Network (CSLN) and the Federal Office of Child Support Enforcement (OCSE)

M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.

No
For Additional Information - No Link Provided

M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?

Yes

M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?

Yes

M3.1. Provide the statutory citation.

Colorado Revised Statues 26-13-122.7
For Additional Information - No Link Provided

M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?

The Notice of Administrative Lien and Attachment

M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?

The Child Support Services Agency, however, the insurance company makes the obligor aware of the lien and attachment.

M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.

Colorado Revised Statutes 26-13-122.7(IV)(4)
For Additional Information - No Link Provided

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.

Yes, written request within thirty (30) days from the date on the Administrative Lien and Attachment. Colorado Revised Statutes 26-13-122.7(IV)(4)
For Additional Information - No Link Provided

M6. Are there attorney fees associated with the insurance intercept activity?

M7. How does another state initiate and intercept collections from your state workers' compensation agency?

The Child Support Lien Network (CSLN) and The Federal Office of Child Support Enforcement (OCSE).

M7.1. What is the process, the points of contact, and what forms?

Participate in the CSLN and/or OCSE match process.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)

Yes

N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?

Yes

N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)

Yes

N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)

Yes