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 2504-1-6.261 - REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS [Rev. eff. 4/1/13]
Universal Citation: 9 CO Code Regs 2504-1, ยง 6.261
Current through Register Vol. 47, No. 5, March 10, 2024
The Child Support Services Unit is responsible for the following functions in sub-sections 6.261.2 through 6.261.8 regarding the review and adjustment of child support orders for all cases.
6.261.1 (NONE) [Rev. eff. 4/1/13]
6.261.2 NOTICE OF RIGHT TO REQUEST REVIEW
Both parties or their attorney(s) of record, if any, subject to an order must be notified of their right to request a review.
A. The obligee shall receive notification of
his/her right to request a review on the Social Services Single Purpose
Application (SSSPA), the Child Support Services application for services,
and/or on the Administrative Process Orders or Judicial Order forms for cases
having a support order established or modified by the Child Support Services
Unit. At least every thirty-six months, the obligee or his/her attorney of
record shall receive notification of his/her right to request a review via the
right to request notice which is automatically generated when a residence or
mailing address exists on the obligee's personal record and the order date or
the notice date is thirty-six months or older.
B. The obligor or his/her attorney of record
shall receive notification of his/her right to request a review via the right
to request notice which is automatically generated when a residence or mailing
address exists on the obligor's personal record and the order date or the
notice date is thirty-six months or older, whichever is later. The right to
request notice generated by the Automated Child Support Enforcement System
document generation will automatically be documented in chronology. The obligor
or his/her attorney of record shall also receive notification on the
administrative process orders or judicial order forms for cases having a
support order established or modified by the Child Support Services
Unit.
C. The enforcing county
delegate Child Support Services Unit must respond to the Automated Child
Support Enforcement System's calendar review message indicating the automatic
generation of the right to request review notice of each party or his/her
attorney of record. The calendar review alerts the worker when a child(ren) has
reached the age of emancipation. Within five (5) business days of receiving the
calendar review message and the generation of the right to request review
notices, the worker must read the active order and determine if the child(ren)
included in the order is emancipated pursuant to Section
14-10-115, Colorado Revised
Statutes. If the child(ren) is emancipated and is not the last or only child on
the order, the worker shall mail a right to request review notice to each party
or his/her attorney of record.
D.
The obligee or his/her attorney of record and the obligor or his/her attorney
of record shall receive notification of his/her right to request a review via
the right to request notice which is automatically generated within 15 business
days of when incarceration information is populated as verified indicating
incarceration for more than 180 days on the obligor's personal record. The
right to request notice generated by the Automated Child Support Enforcement
System document generation program will automatically be documented in
chronology.
6.261.3 CASES SUBJECT TO REVIEW AND ADJUSTMENT [Rev. eff. 4/1/13]
A. Either party in cases with an active order
may request a review of the order. The request shall include the financial
information from the requesting party necessary to conduct a calculation
pursuant to the Colorado Child Support guidelines. The requesting party shall
provide his or her financial information on the form required by the Division
of Child Support Services.
If the requestor fails to provide the necessary financial information with their request, the review process shall be denied.
B. The delegate Child Support
Services Unit may initiate a review of a current child support order upon its
own request.
C. In cases containing
an active assignment of rights, the Child Support Services Unit shall review
the order at least once every thirty six (36) months to determine if an
adjustment of the order is appropriate.
In the case of an automatic review with an active assignment of rights, both parties are considered non-requestors and have twenty days from the date of the review notice to provide the necessary financial information.
D. Only the
enforcing county delegate Child Support Services Unit shall assess a request
for review of a child support order and deny it or grant it and initiate a
review.
E. If the current county
receives the written request for review, the request must be forwarded to the
enforcing county within five calendar days of receipt of the request.
F. Within fifteen (15) business days of
receipt of a written request for review, the worker shall determine whether
Colorado or another jurisdiction has authority (Continuing, Exclusive
Jurisdiction (CEJ)) to conduct the review and modify the child support order.
If Colorado has CEJ, the worker will make the assessment as to whether the
request for review will be granted or denied pursuant to the standards set
forth in paragraph H, below.
G. If
another jurisdiction has CEJ:
1. The Child
Support Services worker shall determine whether or not a full UIFSA action is
needed. If this is needed, the worker shall initiate the reciprocal and
generate the general testimony and the uniform support petition. If not, the
worker shall generate the last two pages of the Interstate Income and Expense
Affidavit. The appropriate forms shall be sent to the requester within five (5)
business days of the determination.
2. The forms generated from the automated
child support system document generation will automatically be documented in
chronology.
3. The requester shall
return the last two pages of the Income and Expense Affidavit to the enforcing
county within twenty (20) calendar days.
4. If the requester fails to return the
requested documentation within twenty (20) calendar days, the process
stops.
5. Within twenty (20)
calendar days of receipt of the information from the requester, the Child
Support Services worker shall send it to the other state that is to conduct the
review.
H. If Colorado
has CEJ, and:
1. It has been thirty-six (36)
months or more since the last review or adjustment of the support order, the
child support services worker must begin the review process following the
procedures set forth in Section 6.261.4, unless:
a. It is a request for review of a spousal
maintenance order;
b. It is a
request for the emancipation of a child who has not emancipated in accordance
with Section
14-10-115, C.R.S.;
c. There is a pending administrative process
action, court action for modification or a pending "add-a-child
action";
d. It is a request for a
change in the allocation of parental responsibility or parenting
time;
e. The IV-D case is closed;
if so, the requester will be advised in writing that s/he may apply for
services;
f. The delegate county
Child Support Services Unit is enforcing only arrearages; or,
g. The last or only child is within one year
of the legal age of emancipation and the modification process may not be able
to be completed before the child reaches the legal age of emancipation; the
requesting party must be informed of the right to request a modification
through court.
2. It has
been fewer than thirty-six (36) months since the last review or adjustment of
the support order, the child support services worker will begin the review
process following the procedures set forth in Section 6.261.4, unless:
a. The requester has not provided a reason
for such review or the reason for review arises from the circumstances of the
requesting party and the requesting party fails to provide supporting
documentation or otherwise fails to demonstrate that there has been a
substantial and continuing change in circumstances as set forth in Section
14-10-122, C.R.S., with their
request;
b. It is a request for
review of a spousal maintenance order;
c. It is a request for the emancipation of a
child who has not emancipated in accordance with Section
14-10-115, C.R.S.;
d. It is a request for a change in the
allocation of parental responsibility or parenting time;
e. There is a pending administrative process
action or court action for modification or a pending add-a-child
action;
f. The IV-D case is closed,
if so the requester will be advised in writing that s/he may apply for
services;
g. The delegate county
Child Support Services Unit is enforcing only arrearages; or,
h. The last or only child is within one year
of the legal age of emancipation and the modification process may not be able
to be completed before the child reaches the legal age of emancipation; the
requesting party will be informed of the right to request a modification
through court.
I. If a request for review of a child support
order is denied pursuant to paragraph H, the worker shall inform the requesting
party in writing within five (5) business days of receipt of the request. The
worker shall also document the date of the request and the reason for the
denial in the Automated Child Support Enforcement System. If the request is
granted the worker shall initiate the review process within five (5) business
days pursuant to Section 6.261.4.
J. If a county delegate CSS unit who is
enforcing a current monthly support obligation receives a request for review of
a child support order, which does not contain medical support provisions or
which contains a request to change the party ordered to provide medical
support, the request shall be granted and the review conducted, including a
review of the MSO, regardless of the date of the last review or adjustment. The
modified order shall state that "either" party, "respondent" or "petitioner"
party shall provide medical support unless it is a caretaker or foster care fee
order.
K. Within fourteen (14) days
of information and confirmation that the Obligor is incarcerated and has been
sentenced to one hundred-eighty (180) days or greater, the delegate county
child support services unit shall initiate a review of the order if the current
monthly support obligation is not already a minimum order amount.
6.261.4 CONDUCTING THE REVIEW [Rev. eff. 4/1/13]
A. The Child
Support Services worker shall send the following documents to the requesting
party or his/her attorney of record, except in foster care cases where the
requesting party is the county department, at least thirty (30) calendar days
prior to commencement of the review:
1. The
Review Notice; and,
2. At county
option, the county may choose to send the Administrative Subpoena to obtain
additional income/financial information.
The forms generated from the automated child support system document generation will automatically be documented in chronology.
B. The Child Support
Services worker shall send the following documents to the non-requesting party
or his/her attorney of record, except in foster care cases where the
non-requesting party is the county department, thirty (30) calendar days prior
to commencement of the review. In interjurisdictional cases, a copy shall also
be sent to the other agency involved in the case:
1. The Review Notice; and,
2. The Income and Expense Affidavit.
The forms generated from the automated child support system document generation will automatically be documented in chronology.
C. The Child Support
Services worker shall conduct the review on or before the thirtieth calendar
day following the date the Review Notice is sent to the parties using income
information from each party's Income and Expense Affidavit and/or the
Department of Labor and Employment records and/or other reliable financial/wage
information. The review may be conducted in person at the Child Support
Services office, via United States mail, or via an electronic communication
method.
D. The delegate Child
Support Services Unit may grant a continuance of the review for good cause. The
continuance shall be for a reasonable period of time and shall not exceed
thirty (30) calendar days.
E. When
conducting the review, the Child Support Services worker shall apply the child
support guidelines to determine any inconsistencies between the existing child
support award amount and the amount resulting from application of the child
support guidelines.
F. If the
non-requesting party or his/her attorney of record fails to provide financial
or wage information, the Child Support Services worker shall use income
information which is available to the Child Support Services Unit through
Colorado Department of Labor and Employment records and/or other verified
sources such as the State Parent Locator Service, the Expanded Federal Parent
Locator Service, and the State Employment Security Administration. Information
from the other party/parent or from a prior review or establishment action may
also be used.
G. If the Child
Support Services Unit determines that a parent is voluntarily unemployed or
underemployed or in the absence of reliable information, the Child Support
Services Unit shall then determine, and document for the record, the parent's
potential income. In determining potential income, the Child Support Services
Unit shall consider the specific circumstances of the parent to the extent
known, including consideration of the following when said information is
available: the parent's assets, residence, employment and earnings history, job
skills, educational attainment, literacy, age, health, criminal record and
other employment barriers, and record of seeking work, as well as the local job
market, the availability of employers willing to hire the parent, prevailing
earnings level in the local community, and other relevant background factors in
the case. All steps taken to obtain financial information must be
documented.
H. In conducting the
review, the Child Support Services worker shall examine the existing order to
determine if a medical support provision needs to be added or
modified.
6.261.5 TERMINATION OF REVIEW [Rev. eff. 4/1/13]
If the applicant for services or continued services party requests case closure after a review of the order has been initiated, the county CSS shall complete the review (and modification, if appropriate) before the IV-D case is closed. If the results of the review indicate a post-order change of physical care, the review and modification shall be completed and then the case closed, if appropriate.
6.261.6 (Reserved for Future Use)
6.261.7 REVIEW RESULTS, NO ADJUSTMENT REQUIRED [Rev. eff. 4/1/13]
Judicial and Administrative Process Orders: After completion of the review, the child support services worker may determine that there is no adjustment required in the ordered child support amount because the guideline calculation does not indicate at least a ten percent change in the ordered child support amount and/or the provision for medical support is already a part of the order.
Within five (5) business days of completing the review, the Child Support Services worker shall provide to each party or his/her attorney of record, including the foster care agency and other child support agencies:
A. The Post Review Notice
stating that a "substantial and continuing change of circumstances" has not
been shown but that a party may file his or her own motion to modify with the
court.
B. The Guideline Calculation
Worksheets.
C. The forms generated
by the automated child support system document generation will automatically be
documented in chronology.
6.261.8 REVIEW RESULTS, ADJUSTMENT REQUIRED [Rev. eff. 4/1/13]
A.
Judicial Orders: After completion of the review, the Child Support Services
worker may determine an adjustment is necessary because the guideline
calculation indicates at least a ten percent change in the ordered child
support amount and/or a change in or addition of medical support provision is
needed.
1. Within five (5) business days of
completing the review and determining that an adjustment is required, the Child
Support Services worker shall provide to the obligor and obligee or his/her
attorney of record and to the other agency involved in interjurisdictional
cases:
a. The Post Review notice;
b. The guideline calculation
worksheets;
c. All supporting
financial documentation used to calculate the monthly support obligation;
and,
d. The
order/stipulation.
2.
Either party may file a challenge to the review results based on the post
review notice or the proposed order:
a. The
challenge must be received no later than the fifteenth day following the Post
Review Notice date.
b. The
challenge must be in writing.
c.
The challenge must be based on alleged mathematical or factual error in the
calculation of the monthly support obligation.
d. The delegate Child Support Services Unit
may grant an extension of up to fifteen (15) calendar days to challenge the
review results based upon a showing of good cause.
e. The delegate Child Support Services Unit
shall have fifteen (15) calendar days from the date of receipt of the challenge
to respond to the challenge.
f. If
a challenge results in a change in the monthly support obligation, the delegate
Child Support Services Unit shall provide an amended notice of review and a new
order/stipulation to the parties.
g. Both parties are then given fifteen (15)
calendar days from the date of the amended notice of review to challenge the
results of any subsequent review.
3. Within five (5) business days of
determining that a review indicates that a change to the monthly support
obligation is appropriate, and the review is not challenged or all challenges
have been addressed, the delegate Child Support Services Unit shall file with
the court:
a. A Motion to Modify;
and,
b. The
order/stipulation.
4.
Upon receipt of the order/stipulation from the court, the Child Support
Services worker shall send copies to the parties or their attorneys of record
and to the other agency involved in interjurisdictional cases. The Child
Support Services worker shall document the automated child support system
chronology with this activity.
5.
Within five (5) business days of determining that a challenge cannot be
resolved, the Child Support Services worker shall file with the court:
a. A Motion to Modify;
b. The order/stipulation;
c. The Guideline Calculation Worksheets;
and,
d. Income and Expense
Affidavits of the parties.
6. Within eighteen (18) days of determining
that a challenge cannot be resolved, the Child Support Services worker shall
check for the court's signature on the order; if the court has not signed the
order, set a hearing pursuant to local court rules.
7. After a hearing has been set, the Child
Support Services worker shall send copies of the notice of hearing to the
parties or their attorneys of record and to the other agency involved in
interjurisdictional cases and document the automated child support system's
chronology with this activity.
8.
If the obligor's employer's address is known, the delegate Child Support
Services Unit shall, unless another agency is enforcing an interjurisdictional
case or the case meets one of the good cause criteria specified in Section
14-14-111.5(3)(a)(II)(A),
C.R.S.:
a. Send a notice to withhold income
for support within fifteen (15) calendar days of the date the modified order is
entered;
b. Send a notice to
withhold income for support to the obligor's employer within two (2) business
days from the report of the obligor's employment through the state directory of
new hires;
c. Send a National
Medical Support Notice to initiate health insurance coverage within fifteen
(15) calendar days of the date the modified order is entered or within two (2)
business days from the report of the obligor's employment through the state
directory of new hires, if the obligor is the party ordered to provide health
insurance and the employer has health insurance available at reasonable cost,
as defined in Section 6.240.2, A, 2.
B. Administrative Process Orders: After
completion of the review the Child Support Services worker may determine an
adjustment is necessary because the guideline calculation indicates at least a
ten percent change in the ordered child support amount and/or a change to or an
addition of a medical support provision is needed.
1. Within five (5) business days of
completing the review and determining that a modification is required, the
Child Support Services worker shall provide to the obligor and obligee or
his/her attorney of record and to the other agency involved in
interjurisdictional cases:
a. The
Administrative Process Notice of Financial Responsibility for Modification
form, which schedules a negotiation conference fifteen (15) days from the
review date,
b. The Guideline
Calculation Worksheets,
c. All
supporting financial documentation used to calculate the monthly support
obligation; and,
d. The
Administrative Process Modified Order of Financial Responsibility.
2. Either party may file a
challenge to the review results based on the Administrative Process Notice of
Financial Responsibility for Modification or the Administrative Process
Modified Order of Financial Responsibility:
a. The challenge must be received no later
than the fifteenth (15th) day following the date of the review results or date
of the negotiation conference.
b.
The challenge must be based on alleged mathematical or factual error in the
calculation of the monthly support obligation.
c. The delegate Child Support Services Unit
may grant an extension of up to fifteen (15) calendar days to challenge the
review results based upon a showing of good cause.
d. The delegate Child Support Services Unit
shall have fifteen (15) calendar days from the date of receipts of the
challenge to respond to the challenge.
e. If a challenge results in a change in the
monthly support obligation, the delegate Child Support Services Unit shall
deliver, as defined in 6.002 -definitions, an amended notice of review and a
new Notice Of Financial Responsibility For Modification to the parties or their
attorney of record and to the other agency involved in interjurisdictional
cases. The notice must include a date and time for the negotiation
conference.
f. Both parties are
then given fifteen (15) calendar days from the date of the amended notice of
review to challenge the results of any subsequent review.
3. If the APA-Petitioner and APA-Respondent
sign the Administrative Process Modified Order of Financial Responsibility at
the negotiation conference or returns it in the mail prior to the negotiation
conference date, then the county director or APA certified county CSS staff
member signs the Administrative Process Modified Order of Financial
Responsibility. The Child Support Services worker shall, within five (5)
business days, file with the court:
a. The
Administrative Process Notice of Financial Responsibility for
Modification;
b. Income and Expense
Affidavits of the parties;
c. The
Guideline Calculation Worksheets; and,
d. The Imputing Potential Income Checklist
and affidavit, If any, and,
e. The
Administrative Process Modified Order of Financial Responsibility.
4. The Administrative Process
Modified Order of Financial Responsibility shall also be provided to the
parties and to the other agency involved in interjurisdictional cases on the
same date it is filed with the court.
5. If the APA-Petitioner and APA-Respondent
does not sign and return the Administrative Process Modified Order of Financial
Responsibility, but:
a. A party appears at the
negotiation conference and does not agree, the Child Support Services worker
within five (5) business days shall file with the court:
1) The Administrative Process Notice of
Financial Responsibility for Modification;
2) The Guideline Calculation
Worksheet;
3) The Imputing
Potential Income Checklist and affidavit, if any;
4) The delegate Child Support Services Unit's
request for court hearing; and,
5)
Income and Expense Affidavits of the parties.
After a hearing is set, the Child Support Services worker shall file a Notice of Hearing with the court and send copies of the Notice of Hearing to the parties or their attorneys of record and to the other agency involved in interjurisdictional cases.
b. If the APA-Petitioner and the
APA-Respondent does not appear at the negotiation conference, the Child Support
Services worker, within five (5) business days shall file with the court:
1) The Administrative Process Notice of
Financial Responsibility for Modification;
2) Income and Expense Affidavits of the
parties;
3) The Guideline
Calculation Worksheets;
4) The
Affidavit of Non-Appearance for modification; and,
5) The Administrative Process Default Order
of Financial Responsibility (modified).
c. Upon receipt of a copy of the default
order with signed approval by the judge or magistrate, the Child Support
Services worker shall send copies to the parties or their attorneys of record
and to the other agency involved in interjurisdictional cases.
d. The Child Support Services worker shall
document this activity on the automated child support system.
6. If the obligor's employer's
address is known, the delegate Child Support Services Unit shall, unless
another agency is enforcing an interjurisdictional case or the case meets one
of the good cause criteria specified in Section
14-14-111.5(3)(a)(II)(A),
C.R.S.:
a. Send a notice to withhold income
for support within fifteen (15) calendar days of the date the modified order is
entered;
b. Send a notice to
withhold income for support to the obligor's employer within two (2) business
days from the report of the obligor's employment through the state directory of
new hires,
c. Send a National
Medical Support Notice to initiate health insurance coverage within fifteen
(15) calendar days of the date the modified order is entered or within two (2)
business days from the report of the obligor's employment through the state
directory of new hires, if the obligor is the party ordered to provide health
insurance and the employer has health insurance available at reasonable cost,
as defined in Section 6.240.2, A, 2.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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