Current through Register Vol. 47, No. 17, September 10, 2024
A. In any order for financial responsibility,
the delegate Child Support Services Unit shall calculate the monthly child
support obligation pursuant to the Colorado Child Support Guidelines, Section
14-10-115, C.R.S. The delegate
Child Support Services Unit shall not deviate from the amount calculated
pursuant to Section
14-10-115, C.R.S.
B. In the instance of adoption assistance
services, when establishing an order against the adoptive parents, the amount
of the monthly support order cannot exceed the amount of the monthly adoption
assistance payment. If the calculated guideline amount for the monthly support
order exceeds the amount of the monthly adoption assistance payment, the Child
Support Services Unit must treat this as a deviation and request a court
hearing pursuant to Section 6.713 to request the court to accept the adoption
assistance payment amount as the order.
6.707.1
DETERMINING INCOME [Rev. eff.
4/1/13]
A. The delegate Child Support
Services Unit shall calculate the monthly support obligation using reliable
information concerning the parents' actual and/or potential income, as
appropriate, which may include, but is not limited to, the following:
1. Wage statements; or,
2. Wage information obtained from the
Department of Labor and Employment; or,
3. Tax records; or,
4. Verified statement by the obligee, as
prescribed by the State Department; or,
5. Income and Expense Affidavit, as
prescribed by the State Department.
B. The delegate Child Support Services Unit
may obtain credit reports for purposes of establishing a child support order.
Prior to obtaining a credit report for the noncustodial parent the Child
Support Services Unit must verify that paternity has been established or
acknowledged. If paternity is not an issue, the Child Support Services Unit
must:
1. Send a ten-day notice to the
noncustodial parent or attorney of record by certified mail or registered mail
that a full credit report will be obtained, or
2. Obtain a waiver from the noncustodial
parent or attorney of record to obtain a full credit report.
C. 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.
6.707.2
NEGOTIATE DEBT AMOUNT [Rev. eff. 4/1/13]
The delegate CSS Unit shall not negotiate the amount of child
support or foster care debt unless:
A.
No other county or state has unreimbursed public assistance or unreimbursed
maintenance payments or unreimbursed costs of foster care placement (for
non-IV-E cases); or,
B. All other
counties and states with UPA or UMP or unreimbursed costs of foster care
placement (for non-IV-E cases) have agreed to the negotiated amount in writing;
and,
C. Automated child support
system chronology is updated by the enforcing county delegate Child Support
Services Unit to document the agreed upon negotiation.
