Code of Colorado Regulations
2500 - Department of Human Services
2504 - Child Support Services (Volume 6)
9 CCR 2504-1 - RULE MANUAL VOLUME 6, CHILD SUPPORT SERVICES RULES
Section 9 CCR 2504-1-6.002 - DEFINITIONS
Current through Register Vol. 47, No. 5, March 10, 2024
"Abandoned Collections Account" - the state IV-D account into which undeliverable collections are transferred once a determination has been made that the payment cannot be disbursed. This account is used to reimburse state expenditures.
"ACSES" - the acronym for the Automated Child Support Enforcement system, a comprehensive statewide online computer system providing case management, financial management, reports, statistics and an extensive cross-reference system.
"Adjustment" or "Modification" - is a legal action to change the amount of the child support or foster care fee order, which can increase or decrease based upon application of the state's presumptive guideline; or to add a provision for medical support or to change the party ordered to provide medical support.
"Administrative Costs" - the amount of court ordered costs that must be repaid to the Child Support Services Unit such as genetic tests, service of process fees, or attorney's costs.
"Administrative Lien and Attachment" - a notice to withhold child support, child support arrearages, child support debt, or retroactive support due from a noncustodial parent's workers' compensation benefits that is issued to any person, insurance company, or agency providing such benefits.
"Administrative Process Action (APA)" - determination of paternity and/or support obligations through a non-judicial process.
"Administrative Review" - a county or state level review of the following four issues only: the payments made, the arrearage amounts, the distribution of amounts collected, or a mistake in the identity of the person who owes the child support.
"Alleged Parent" - a person who has been identified as the possible biological parent of a child and/or who may be the legal parent of a child.
"Allocation" - the process of apportionment of a collection to a specific noncustodial parent's obligation based on the legal order for support to satisfy the various classes of the noncustodial parent's receivables.
"APA - Petitioner" - The party who has applied or been mandatorily referred for Child Support Services.
"APA - Respondent" - The party that did not apply for Child Support Services and was not mandatorily referred for Child Support Services.
"APA Stipulated Order" - An order that is agreed to and signed by both the APA-Petitioner and the APA-Respondent or an order that is agreed to and signed by the APA-Respondent in the absence of the APA-Petitioner.
"APA Temporary Order" - An order that establishes a monthly support obligation only and that is entered when the APA-Petitioner and/or the APA-Respondent does not agree with the terms of the proposed stipulated order.
"APA Default Order" - An order that is entered when the APA-Respondent (1) fails to attend the currently scheduled negotiation conference, (2) fails to sign and deliver to the county delegate child support enforcement unit at or prior to the time of the currently scheduled negotiation conference the stipulated order, or (3) fails to appear for or cooperate with a genetic testing appointment.
"Application" - the state prescribed form which indicates that the individual is applying for Child Support Services. The application is signed by the individual applying for services and an application fee is assessed.
"Application Fee" - A fee assessed upon receipt of an application as required by Federal Regulation, to be paid out of State funds in the amount of 10 cents ($0.10).
"Arrearages" - the total amount of the court ordered support obligations that are past due and unpaid. Such amount is calculated by multiplying the amount of the support obligation (including any modification thereto) by the number of months that have elapsed since the inception of the order and subtracting from the product the amount of support paid by the noncustodial parent, through the court, directly to the obligee, Child Support Services Unit, or Family Support Registry (FSR).
"Assignment of Support Rights" - the determination that a family is eligible for IV-A benefits automatically invokes a state law (Section 26-2-111(3), C.R.S., as amended) that assigns to the State Department all rights that the applicant may have to support from any other person on his/her own behalf or on behalf of any other family member for whom application is made. The assignment is effective for both current support and support that accrues as arrears during the period that the family receives assistance. The assignment is limited by the total amount of IV-A assistance received. When a child is placed in foster care, all rights to current and accrued child support for the benefit of the child are assigned to the State Department pursuant to Section 26-13-113, C.R.S.
"Automated Child Support Enforcement System (ACSES)" - the statewide computer program used by Child Support Services for daily operations.
"Caretaker" - a person who is related to the dependent child by blood or by law, or who lives with the child and who exercises parental responsibility (care, control and supervision) of the child in the absence of the child's parent.
"Case Category" - category of a case identifies the type of IV-D case. Case categories must be maintained on the automated child support system as prescribed by the State Department.
"Cash Medical Support" - see definition of "specific dollar amount for medical purposes".
"Challenge" - when either party disagrees in writing with the review results because the guideline calculation contained an alleged mathematical or factual error. The parties' right to challenge is included in the Post Review Notice or the Administrative Process, Notice of Financial Responsibility for Modification.
"Child Support Services (CSS) Unit"- the county unit administering or supervising the contract for another private or public entity to administer the Child Support Services (CSS) Program.
"Colorado Date of Receipt" (CDOR) - the date the child support payment is first received by the Child Support Services program, either the Family Support Registry or the Child Support Services Unit.
"Confidential" - privileged information of individuals which is private and not for release, disclosure, or distribution unless specifically authorized in statute, regulation, or rule.
"Consumer Credit Reporting Agency" - any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
"Continued Services Cases" - non-public assistance Child Support Services cases in which the Child Support Services Unit continues to provide services after IV-A financial or IV-E foster care eligibility ceases unless notified by the custodial party that continued services are not desired.
"Cost Effectiveness Ratio" - the ratio of total child support collections to total administrative costs.
"County Department" - a county department of social services, human services, housing and human services, or health and human services. "C.R.S." - Colorado Revised Statutes.
"CSS Case" - a child support case in which services are provided to establish, modify, and enforce support and medical obligations pursuant to the state IV-D plan.
"Currently Scheduled Negotiation Conference" - The date and time of the APA negotiation conference as scheduled in the notice of financial responsibility or the date and time of a continued negotiation conference whichever date is later.
"Custodial Party" - the legally responsible parent, blood relative, adoptive relative, adult who exercises responsibility for a dependent child(ren), or agency. Also known as the caretaker relative, custodial relative, custodian, government agency (for foster care cases) or, on ACSES, as the recipient/applicant and abbreviated as R/A.
"Date of Withholding" - the date the employer withheld the child support from the employee's wages.
"Deliver" - Delivery of a document or documents includes delivery by hand (in person), by first-class mail, or by electronic means if mutually agreed upon.
"Discharge From Custody" - As defined in title 17 of the Colorado Revised Statutes. 17-22.5-402(1)
"Disbursement" - processing of the payable to payees other than the Department of Human Services.
"DISH" -The acronym for the Data Information Sharing System of the Colorado Judicial Department. It is also the process of electronically transmitting information on a case or data on an order by and between the county CSS unit and the court clerk.
"Disposition" - the date on which a support order is officially established and/or recorded or the action is dismissed.
"Distribution" - application of the allocated collection to the IV-D retained and/or payable accounts according to federal regulations based on assignment of rights to support, continued services, and application for services.
"EFPLS" - Expanded Federal Parent Locator Service
"Electronic Benefits Transfer (EBT) Notice" - the notice that is sent to the IV-A recipient at the beginning of each month informing him/her of how much public assistance money was deposited into his/her account. The notice also contains information about how much child support was paid by the noncustodial parent during that month.
"Enforcing County" - Colorado county responsible for processing the case and providing Child Support Services.
"Erroneous Disbursement" - see "Unfunded Disbursement".
"Excess Pass Through Amount" - means an assigned child support collection (applied to current support) that the state elects to pay to the family rather than retain to reimburse for assistance provided to the family over the Pass Through Amount.
"Expedited Processes" - administrative or expedited judicial processes or both which increase effectiveness and meet specified processing time frames and under which the presiding officer is not a judge of the court. Actions to establish or enforce support obligations in IV-D cases must be completed within the time frames specified in federal regulations.
"Family Support Registry (FSR)" - the contracted fiscal agent responsible for processing all child support payments.
"FFP" - Federal Financial Participation.
"Federal Tax Information (FTI)" - any information contained in, or derived from, a federal tax return.
"Financial Institution Data Match (FIDM)" - Federal mandate requiring the state to do a periodic match of noncustodial parents who owe arrearages to accounts maintained at financial institutions.
"Financial Institution Data Match Lien and Levy" - a notice generated by the Colorado Department of Human Services, Division of Child Support Services, to freeze and seize assets contained in financial accounts. The notice is issued to any financial institution or state entity maintaining accounts for obligors with child support arrearages, child support debt or retroactive support.
"FIPS" - Federal Information Processing Standard - a code number assigned to each state and county within the United States.
"Former Arrears Due (FAD) Case" - any IV-D case in which the custodial party or the child(ren) formerly received IV-A cash assistance or IV-E maintenance but no longer receives CSS services and where there are still assigned arrears due.
"Former Assistance Case" - any IV-D case in which the custodial party or the child(ren) formerly received IV-A cash assistance or IV-E maintenance.
"Foster Care Fee Debt" - the amount of support due in a foster care case from the placing parent for the time period between the date the child was placed in out-of-home placement to the date the fee order was established.
"Foster Care Fee Order" - a monthly amount assessed by application of the Colorado Child Support guidelines, which are found under 14-10-115(7), C.R.S., to the legally responsible person(s) whose child(ren) are receiving substitute care through a foster care placement as ordered by a court or through administrative process by a county Child Support Services Unit.
"FPLS" - Federal Parent Locator Service.
"Genetic Testing" - a scientific test that shows the probability of biological parentage of a child which can lead to the establishment of paternity.
"Health Care Coverage/Health Insurance" - Fee for service, health maintenance organization, preferred provider organization, and other types of private health insurance and public health care coverage under which medical services could be provided to the dependent child(ren).
"HHS" - the U.S. Department of Health and Human Services.
"High Volume Automated Administrative Enforcement in Interstate Cases" - the use of automated data processing on interstate cases to search various state databases and seize identified assets of delinquent obligors, using the same techniques as used in intrastate cases upon request of another state.
"Income Assignment" - the process whereby a noncustodial parent's child support payments are taken directly from his/her income and forwarded to the FSR through a notice to the employer, trustee, or other payor of funds.
"Initial Date of Receipt" (IDOR) - the date on which the support collection is initially received by the Title IV-D agency or the legal entity of any state or political subdivision actually making the collection or, if made via income assignment, the date of withholding, whichever is earliest.\
"Initiating State/Jurisdiction" -
A. The state/jurisdiction which requests CSS services from the state/jurisdiction where the noncustodial parent resides, has property, or derives income; or,
B. The state where the custodial party resides if a modification has been requested and it is appropriate for that state to review the order.
"Inmate" - As defined in title 17 of the Colorado Revised Statutes. 17-1-102 (6.5)
"Intergovernmental Case" - a CSS services case which involves more than one state, country or tribe.
"Interstate Central Registry" - the Interstate Network unit within the Colorado Division of Child Support Services (CSS) which receives and distributes responding cases and has oversight responsibility for intergovernmental IV-D cases.
"Interstate Network" - the unit in the Colorado Division of Child Support Services which has responsibility for interstate central registry functions.
"In-State Case" - a case being worked in Colorado with no other jurisdiction involved.
"IV-A Cash Assistance" - payments paid to or on behalf of families with children pursuant to Title IV-A of the Social Security Act.
"IV-A Case" - a case referred from the IV-A Unit to the CSS office for child support services when the family has been approved for IV-A financial benefits and/or medical benefits.
"IV-A Unit" - the county unit administering the IV-A cash assistance program.
"IV-D Program" - Child Support Services Program pursuant to Title IV-D of the Social Security Act.
"IV-E Foster Care Case" - a case with a child(ren) who qualifies for public assistance under Title IV-E of the Social Security Act. These cases are mandatory referrals to the CSS Unit.
"IV-E Payment" - payment made on behalf of a child for his/her foster care maintenance in accordance with Title IV-E of the Social Security Act.
"Judgment" - by operation of law, a child support payment becomes a final money judgment when it is due and not paid. A missed payment, or a series of missed payments, may also be reduced into a single judgment by the court.
"Legal Father" - see "Paternity".
"Locate" - information concerning the physical whereabouts of the noncustodial parent or the noncustodial parent's employer(s), other sources of income, or assets, as appropriate, which is sufficient to take the next appropriate action in a case.
"Medicaid Referral Cases" - cases in which families, with a noncustodial parent, receive Medicaid and are referred to CSS from a Medicaid agency for CSS services if the Medicaid recipient voluntarily wants CSS services.
"Medical Coverage" - any health coverage provided for a child(ren), including:
"Medical Support" - a subset of medical coverage which includes health coverage provided for a child(ren) in a IV-D case in which there is a medical support order. This includes:
"Modification" - see "Adjustment".
"Monthly Amount Due" - the monthly amount the obligor is expected to pay toward the arrearages.
"Monthly Payment Due" - the monthly amount that the obligor is expected to pay each month; the amount includes the court ordered current support and the monthly amount due towards any arrears.
"Monthly Support Obligation (MSO)" - the monthly obligation amount ordered by a court or through administrative process by a county Child Support Services Unit to be paid on behalf of (a) child(ren) or (b) child(ren) and former spouse, if established in the same court order and if the former spouse is living with the child(ren).
"National Medical Support Notice (NMSN)" - a federally mandated notice sent to employers by the delegate CSS Units. The NMSN requires an employer to enroll a child(ren) in the employer's health insurance plan if it is available, the employee is eligible, and it is reasonable in cost.
Non-IV-E Foster Care Case" - a case with a child(ren) receiving Title IV-B foster care services who does not qualify for IV-E public assistance. These cases are classified by the State CSS Division on the automated child support system as a Non-PA case, but are treated like public assistance cases because they originate within Child Welfare Services and, pursuant to statute, contain an automatic assignment of support.
"Non-Public Assistance (Non-PA) Case" - a IV-D case in which the family currently does not receive public assistance. Non-PA cases include Medicaid referral cases.
"Noncustodial Parent (NCP)" - the legally responsible parent, adoptive parent, or alleged parent who is not living with the dependent children. Also known on ACSES as the absent parent and abbreviated as "A/P".
"Not in Child's Best Interest" - order would not be reviewed based on a good cause determination in cases with an assignment of rights as defined in Section 6.230.1.
"Notice of Collection" - a periodic report of Child Support collection information which is sent by the Child Support Services Unit to current and former Colorado Works Program recipients who have assigned their rights to support.
"Obligee" - the party to whom an obligation of support is owed.
"Obligor" - the party bound by a court or administrative order to provide support.
"OCSE" - Office of Child Support Enforcement. The Health and Human Services agency responsible for the supervision of state child support enforcement programs pursuant to Title IV-D of the Social Security Act.
"Original Order" - means the first support order that orders a parent to pay support for a child.
"Parole" - As defined in title 17 of the Colorado Revised Statutes. 17-2-207(3)
"Parties to the Action" - those individuals or entities named in a petition, motion, or administrative process notice of financial responsibility and joined, or to be joined, in a legal action.
"Pass Through Amount" - means an assigned child support collection (applied to current support) that the state elects to pay to the family rather than retain to reimburse for assistance provided to the family. In current-assistance cases, the federal share will be waived for up to $100 per month for TANF families with one child and up to $200 per month for families with two or more children, as long as both the federal and state share of the Pass Through are paid to the family and are disregarded in determining the TANF Basic Cash amount of assistance provided to the family.
"Paternity" - is the legal establishment of parentage, maternity or paternity, for a child, either by court determination, administrative process, or voluntary acknowledgment.
"Permanently Assigned Arrears" - arrears which accrued under a court or administrative order and were assigned prior to October 1, 1997, plus all arrears which accrue while a family is receiving public assistance after October 1, 1997.
"Placing Parent" - the legally responsible parent who the child(ren) was living with prior to foster care placement.
"Post Assistance Arrears" - the arrears that accrue under a court or administrative order on a continued services case after the obligee discontinues IV-A services.
"Pre-Assistance Arrears" - the arrears that accrued from October 1, 1997, forward, under a court or administrative order before the obligee started receiving IV-A assistance.
"Pre-Offset Notice" - a notice generated yearly by the state Office of Child Support Services notifying noncustodial parents of the enforcement remedies that may be applied to their cases and advising of their right(s) to request an administrative review.
"Pre-Review Screening" - an assessment of the IV-D case to determine the appropriateness for review.
Presumed Father" - a man who is more likely than not to be the legal father of a child because certain facts exist.
"Primary Contact County" - the county that the obligee will contact to resolve issues concerning an unfunded disbursement balance.
"Procedure" - processes developed by county Child Support Services Units and/or the State Department to implement state policy and rules.
"Public Assistance" - assistance payments provided to or on behalf of eligible recipients through programs administered or supervised by the State Department under Titles IV-A or IV-E of the Social Security Act or under Child Welfare Services.
"Public Assistance (PA) Case" - a case that has met established criteria by the IV-A or IV-E divisions to be referred to the CSS Unit for child support services.
"Responding State/Jurisdiction" - the state/jurisdiction where the obligor resides, has property, or derives income, which provides Child Support Services Unit services upon request from another state/ jurisdiction.
"Retroactive Support Due" - the amount of support due for a time period prior to the entry of an order establishing paternity and/or support.
"Review" - an evaluation of the parties' income information to determine the child support order amount and whether a medical support provision needs to be added to the child support order or if the party ordered to provide medical support needs to change.
"Sentence" - Means the post-conviction stage of the criminal justice process, in which the defendant is brought before the court for the imposition of a penalty. Sentences can vary in the way they are implemented or carried out. A sentence can be concurrent, meaning it is served at the same time as any other sentences imposed; or, consecutive meaning there is a conviction on several counts and the sentences are added to each other so each sentence begins immediately upon the expiration of the previous one. In the case of the conviction of a sexual offense, Colorado may also impose an indeterminate sentence of "not more than" or "not less than" a certain period of time.
"Service Fee" - the annual fee charged to an obligee who has never received cash public assistance.
"Specific Dollar Amount for Medical Purposes or Cash Medical Support" - an amount ordered to be paid toward the cost of health insurance provided by a public entity or by another party through employment or otherwise, or for other medical costs not covered by insurance.
"SPLS" - the State Parent Locator Service.
"State Department" - the Colorado Department of Human Services.
"State Plan" - the comprehensive statement submitted by the State Department to the Department of Health and Human Services describing the nature and scope of its Child Support Services Program and giving assurance that it will be administered in conformity with the specific requirements stipulated in Title IV-D of the Social Security Act and other official issuances of Health and Human Services.
"Support" - a medical support order and/or financial amount ordered by a court or through administrative process by a county Child Support Services Unit on behalf of (a) child(ren) or (b) child(ren) and former spouse, if established in the same court order and if the former spouse is living with the child(ren).
"Termination of Review and Adjustment" - the review/adjustment activity ceases based on specific criteria which are set forth in Section 6.261.5.
"Total Program Expenditures" - the total amount of costs associated with the Child Support Services program billed to the federal government for reimbursement.
"UIFSA" - Uniform Interstate Family Support Act, Title 14, Article 5, Colorado Revised Statutes (C.R.S.) which governs interstate case processing.
"UMP" - Unreimbursed Maintenance Payments. The amount of IV-E foster care maintenance payments which have not been reimbursed by child support collections or other recoveries.
"Unassigned Arrears" - any arrears that are not assigned to the state, either because the obligee never received public assistance or because, for an obligee who is or was receiving public assistance, the arrears accrued during a time period when the obligee was not receiving public assistance.
"Unfunded Disbursement" - a disbursement that is paid but subsequently found to contain an error or found to have insufficient funds to pay the disbursement.
"UPA" - Unreimbursed Public Assistance. The amount of IV-A payments which have not been reimbursed by child and spousal support collections or reduced by IV-A established recoveries.
"URESA" or "RURESA" - The Revised Uniform Reciprocal Enforcement of Support Act, Title 14, Article 5, C.R.S., as amended. Repealed in Colorado on January 1, 1995, the effective date of Uniform Interstate Family Support Act.
"Unenforceable" - A case is determined unenforceable when there is no collection on a case for two years and all administrative or legal remedies have been attempted and determined to be ineffective. Ineffective has three elements:
"Unsworn Declaration" - A statement or document that is not notarized but is made under the penalty of perjury under the law of Colorado that it is true and correct. An unsworn declaration may be used in lieu of an affidavit 4.609.1 GENERAL ELIGIBILITY GUIDELINES [Rev. eff. 2/5/16]
