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 2504-1-6.702 - ESTABLISHING DEBT OR RETROACTIVE SUPPORT [Rev. eff. 4/1/13]

Universal Citation: 9 CO Code Regs 2504-1, ยง 6.702

Current through Register Vol. 47, No. 17, September 10, 2024

The Child Support Services Unit has the discretion to establish an obligation for Temporary Assistance For Needy Families (TANF) debt, foster care fee debt, and/or retroactive support due based on the county's procedure.

6.702.1 DEBT [Rev. eff. 4/1/13]

Action taken to establish debt must be pursued in accordance with Section 14-14-104, C.R.S. Debt may be established on public assistance and foster care referral cases.

A. A CSS may establish a debt-only order in APA or judicial cases if public assistance paid for the child(ren) terminates before an order is established and the person who received the public assistance does not want continued services.

B. if additional child support obligations need to be established subsequent to the establishment of a debt only order, the CSS shall use the establishment process, referenced in 6.701(c), including new service of process.

C. if not already established, paternity shall be established in a debt only action and a judgment for costs may also be established.

6.702.2 RETROACTIVE SUPPORT [Rev. eff. 4/1/13]

A. An order for a reasonable amount of retroactive support due may be included in any action, except a debt-only action, if requested by a custodial party, if there is a time period which occurred prior to or after the receipt of public assistance benefits for which such support can be established.

B. The custodial party shall be required to complete an "Affidavit of Retroactive Support" and return it to the Child Support Services Unit before the initiation of any judicial or administrative action to establish retroactive support. A Child Support Services Unit shall not establish an order for retroactive support unless an "Affidavit for Retroactive Support" has been received from the custodial party. The county Child Support Services Unit shall use the State prescribed "Affidavit of Retroactive Support".

C. If the custodial party is waiving the right to retroactive support, this shall be reflected in the support order. If the Child Support Services Unit does not establish retroactive support on behalf of custodial parties, the order shall contain a statement to this effect and also an advisement to the noncustodial parent that the custodial party may pursue the establishment of retroactive support separately.

D. Retroactive support will not be established for:
1. Any months for which the custodial party received public assistance.

2. Any months for which the children did not reside with the custodial party, including months in which the child(ren) were in out of home placement.

3. Any months when the custodial party, noncustodial parent, and the child(ren) lived in the same household.

4. If the retroactive support is being established in a divorce or legal separation action, the amount of retroactive support will be based upon the number of months after the date of physical separation of the parents, the filing date of the action, or the date of service upon the respondent, whichever date is latest.

6.702.3 CALCULATING RETROACTIVE SUPPORT AND CHILD SUPPORT DEBT [Rev. eff. 4/1/13]

A. If action is taken to establish debt in a public assistance case, including Title IV-A, Title IV-E foster care, and non-IV-E foster care referral cases, because no order for a monthly support obligation existed at the time public assistance was paid, the Child Support Services Unit shall use the current monthly support order amount determined by using the Colorado Child Support Guidelines times the number of months that the custodial party received public assistance or the total amount of public assistance paid, whichever amount is lower as the initial basis for the amount of child support debt owed by the noncustodial parent.
1. In a IV-E foster care case, the amount of the foster care fee debt is limited by the total of the unreimbursed maintenance payments for that child(ren).

2. In a non-IV-E foster care case, the amount of the foster care fee debt is limited by the total cost of placement for that child(ren).

B. If action is taken to establish retroactive support, the Child Support Services Unit shall use the current monthly support order amount determined by using the Colorado child support guidelines times the number of months that the children lived in the custodial party's home without the presence of the noncustodial parent as the initial basis for the amount of retroactive support owed by the noncustodial parent.

C. The Child Support Services Unit may take the following factors into consideration in determining whether the initial amount of retroactive support calculated pursuant to paragraphs A and B, above, is appropriate and reasonable. Once the factors have been considered the CSS unit may adjust the amount as appropriate:
1. An increase in the parent's income since the date of child's birth that may result in the current monthly child support order being higher than it would have been at the time of the child's birth.

2. The length of time that a custodial party waited before requesting the services for the establishment of retroactive support, including whether the noncustodial parent knew or should have known about the existence of the children.

3. Special circumstances that may have inhibited the custodial party from requesting assistance from Child Support Services at an earlier date.

4. Direct cash or in-kind support provided by the noncustodial parent to custodial party for the children for periods prior to the entry of the support order.

5. Any circumstances beyond the control of the custodial or noncustodial parent which might have lengthened the time periods for which child support debt or retroactive support are being established including, but not limited to, non-cooperation by the custodial party.

D. If either the custodial or noncustodial parent does not agree to the proposed amount of retroactive support, a temporary order, according to Section 6.712, must be established and the case referred for a court hearing. The temporary order may not include any amount for child support debt or retroactive support.

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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