Current through Register Vol. 47, No. 17, September 10, 2024
6.805.1
COUNTY LEVEL REVIEW
A. The county department shall establish
procedures for reviewing arrearage amounts that are to be reported to a
consumer credit reporting agency or have been certified for the administrative
offset program, administrative lien and levy, tax offset, lottery intercept,
workers' compensation attachment, state vendor offset program, gambling
intercept, license suspension, or administrative lien and attachment of
insurance claim payments, awards, and settlements.
B. Upon written request for an administrative
review, within the time frame specified on the advance notice for reporting
arrears to a consumer credit reporting agency, the pre offset notice for tax
purposes, the notice of intercept of lottery winnings, the Administrative Lien
and Attachment for workers' compensation benefits, the notice for license
suspension, the notice of administrative lien and levy, the notice for state
vendor offset program, the notice of intercept of gambling winnings, the notice
for federal administrative offset program, or the notice of administrative lien
and attachment of insurance claim payments, awards, and settlements, the county
Child Support Services Unit shall:
1.
Schedule and advise the obligor, and the obligee in a non-public assistance
case, of the date, time and place of the review and initiate administrative
review information on the administrative review tracking system screen in the
automated child support system.
2.
Request from the obligor copies of any modifications of the support
order.
3. Request from the obligor
records of payments made by the obligor.
4. Advise the obligor this review is a review
of the records only and not a judicial determination.
5. Request proof from the obligor if he/she
has contested being the obligor.
6.
Advise the obligor that a decision will be rendered within thirty (30) days of
the request for a review.
C. The county department shall notify the
obligor that an administrative review will only be held if the request for an
administrative review concerns an issue of mistaken identity of the obligor or
the amount of arrearages specified on the advance notice for reporting to a
consumer credit reporting agency, the pre-offset notice for tax offset, the
notice for lottery intercept, administrative lien and attachment for workers'
compensation benefits, the notice of license suspension, the notice for federal
administrative offset program, the notice for state vendor offset program, the
notice of intercept of gambling winnings, the notice for administrative lien
and levy, or the notice of administrative lien and attachment of insurance
claim payments, awards, and settlements.
D. On the date established, the county
department shall review the child support case record and the documents
submitted by the obligor and determine the arrears.
E. Within ten (10) calendar days of the
decision rendered, the county department shall update the automated child
support system, take any additional action appropriate to reflect the decision,
notify the obligor, and the obligee in a non-public assistance case, of the
decision rendered. The written decision shall include the time frames reviewed,
balance due for that time frame, court orders reviewed including the child
support terms of those orders, payment records reviewed, and amounts credited
based on those records.
F. The
county department shall notify the obligor of his/her right to request a
further review by the State Department. The obligor must be advised that the
request must be made in writing and be received by the state office within
thirty (30) calendar days of the mailing of the county decision to the
obligor.
6.805.2
STATE LEVEL REVIEW
Upon written request from the obligor to the State Department
for review of arrearage amounts, that are to be reported to a consumer credit
reporting agency, or have been certified for tax offset, for lottery intercept,
for workers' compensation benefits attachment, license suspension, federal
administrative offset program, state vendor offset program, gambling intercept,
administrative lien and levy, and administrative lien and attachment of
insurance claim payments, awards, and settlements, the State Department
shall
A. Determine if a county level
administrative review occurred.
1. If not and
the obligor is within the time frame specified on the notice, forward the
request to the appropriate county and ensure that the county conducts an
administrative review within thirty (30) calendar days of receiving the request
from the State Department.
2. If
not and the obligor is outside of the time frame specified on the notice, the
obligor has lost the right to contest the arrears through the administrative
review process.
3. If yes, set a
date, time, and place for the review, which shall be within thirty (30)
calendar days from the date the written request for review was received by the
State Department.
B.
Provide a written notice to the obligor, and the obligee in a non-public
assistance case, of the date, time, and place of the review. This notice shall
contain a statement which advises the parties:
1. The only issues to be reviewed are a
mistake in the identity of the obligor or a disagreement of the amount of
arrears.
2. The review is a review
of the records only and not a judicial determination.
3. The obligor must provide all records of
his or her support payments.
4.
That a decision will be rendered within thirty (30) days of the
review.
C. Request that
the county provide:
1. The records that
established the arrearages; and,
2.
A copy of its decision if not previously provided by the noncustodial
parent.
D. On the date
established for the review, the State Department shall review the records and
determine the arrears. If more time is required to review the records or render
a decision, the State Department may extend the time for rendering a decision
by an additional thirty (30) days.
E. Within ten (10) calendar days of the
decision rendered, the State Department shall notify, in writing, the obligor,
the obligee in a non-public assistance case, and the county Child Support
Services Unit of the decision rendered. Any party shall have the right to
appeal the decision. The written decision shall include the time frames
reviewed, balance due for those time frames, court orders reviewed including
the child support terms of those orders, payment records reviewed, and amount
credited based on those records.
F.
Update the Automated Child Support Enforcement system to reflect the
administrative review.
G. A
decision will be rendered within thirty (30) calendar days of the receipt of
the written request for review unless the parties fail to provide the required
information.
6.805.21
Reflect Decision Rendered [Rev. eff. 9/15/12]
The county department, upon receiving the decisions rendered
by the State Department after a state level review, shall, within ten (10)
calendar days, adjust the Automated Child Support Enforcement System records to
reflect the decision rendered and take any additional action
appropriate.
6.805.3
Intergovernmental Review [Rev. eff. 9/15/12]
Procedure for Reviewing arrearage amounts that have been
certified and submitted for a federal income tax refund offset on an
intergovernmental case.
A. Within ten
(10) calendar days of the receipt of a written request for an administrative
review where Colorado is the submitting state and the requester has requested
that the order-issuing state conduct the review or Colorado, as the submitting
state, cannot resolve the matter, the county CSS Unit shall notify the
order-issuing state and send all necessary information which was considered in
the decision of an arrearage amount. Colorado, as the submitting state, shall
be bound by the decision of the order-issuing state.
B. Within ten (10) calendar days of the
receipt of a written request for an administrative review where Colorado is the
order-issuing state and the requester has requested that the order-issuing
state conduct the review or the submitting state cannot resolve the matter, the
county Child Support Services Unit shall:
1.
Schedule and advise the obligor, and the obligee in a non-public assistance
case, and the other state, of the date, time, and place of the administrative
review.
2. Advise the obligor, and
the obligee in a non-public assistance case and the other state that a decision
will be rendered within forty five (45) calendar days of the receipt of the
submitting state's request and information.
3. On the date established, the order-issuing
state shall review the child support case record, and the documents submitted
by the requester and forwarded by the submitting state, and determine the
arrears.
4. Within ten (10)
calendar days of the decision rendered, the order-issuing state shall notify in
writing, the obligor, the obligee, and the submitting state of the decision
rendered. The written decision shall include the time frames reviewed, balance
due for those time frames, court orders reviewed including the child support
terms of those orders, payment records reviewed, and amounts credited based on
those records.
5. The county
department shall notify the obligor of his/her right to request a further
review by the State Department. The obligor must be advised that the request
must be made in writing and be received by the state office within thirty (30)
calendar days of the mailing of the county decision to the obligor.
6. The county department, upon receiving the
decisions rendered by the other state shall, within ten (10) calendar days,
adjust the Automated Child Support Enforcement System records to reflect the
decision rendered and take any additional appropriate action.
6.805.4
Administrative Review of Contested Distribution of Amounts
Collected
6.805.41
County Responsibility [Rev. eff. 9/15/12]
A. Following verbal or written contact from
an obligee regarding questions or disagreement about distribution of amounts
collected, the CSS unit shall review the distribution and respond verbally or
in writing. The obligee must be advised that if there is still disagreement,
he/she must submit a written request for an administrative review by the Child
Support Services Unit.
B. Within
ten (10) calendar days of the receipt of a written request for an
administrative review, the Child Support Services unit shall:
1. Schedule and advise the obligee of the
date, time and place of the review;
2. Request from the obligee copies of any
modification of the support order that have not been previously provided to the
Child Support Services Unit;
3.
Request from the obligee records of any payments made directly to the family
from the obligor;
4. Advise the
obligee that a written decision will be rendered within thirty (30) days of the
date of the review;
5. Request from
the obligee any other information to support his/her contention that the
collections were distributed in error.
C. If the request for an administrative
review concerns an issue other than the distribution of current support and/or
arrearage payments, the Child Support Services unit shall notify the obligee
that a review will not be held.
D.
On the date established for the administrative review, the Child Support
Services unit shall review the child support case record and any information
submitted by the obligee and determine if the distribution of the amounts
collected was correct.
E. The Child
Support Services unit shall promptly notify the obligee in writing of the
decision rendered and will provide a copy of the decision to the State
Department within five (5) days of the date the decision is rendered.
F. The Child Support Services Unit shall
notify the obligee in writing of his/her right to request a further review by
the State Department. The obligee will be advised that the written request must
be received by the state office within thirty (30) calendar days of the mailing
of the county decision to the obligee.
G. The Child Support Services Unit, upon
receiving the decision rendered by the State Department after a state level
review shall, within ten (10) calendar days, adjust the automated child support
enforcement system records to reflect the decision rendered and take any
additional action as appropriate.
6.805.42
State Responsibilities [Rev.
eff. 9/15/12]
Upon written request for further administrative review, the
State Department shall:
A. Provide
notice to the obligee, which shall contain:
1. A statement that the only issue to be
reviewed is the distribution of current support and/or arrearage payments
collected;
2. A statement that the
review is a review of the records only and not a judicial determination and
that the review will be limited to the documentation in the CSS file and any
written material the obligee wishes to present.
B. Request from the CSS Unit or obtain from
the automated child support system, the records used for the
distribution;
C. Request from the
CSS Unit a copy of its decision;
D.
Request from the county records of support payment paid directly to the family
which were provided by the obligee during the administrative review;
E. Advise the obligee that a written decision
will be made within thirty calendar days of the receipt of the
request;
F. Advise the obligee of
his/her right to appeal the state determination to State District Court on
Judicial Review within thirty calendar days of the mailing of the
decision.
6.805.43
Notify of Decision Rendered [Rev. eff. 9/15/12]
The State Department shall, within thirty days of the date of
the state level review, promptly notify in writing the obligee and the county
CSS Unit of the decision rendered.
6.805.5
Appeal of Joint Account
Collection From FIDM [Rev. eff. 9/15/12]
When a FIDM notice of lien and levy is made on a joint or
shared ownership account, as defined at Section
15-15-201(5),
C.R.S., the non-debtor account holder may appeal the seizure of his or her
share of the funds (see Section 6.906.5), first through the Colorado Department
of Human Services, Division of Child Support Services, and then, if still
disputed, judicially. If the appeal is approved, the Colorado Department of
Human Services, Division of Child Support Services, shall release all or part
of the lien and levy within two (2) working days from the date the appeal
decision is made by the Colorado Department of Human Services, Division of
Child Support Services, or within two working days of the receipt of the
judicial order approving the appeal. In the event that the financial
institution has already remitted payment to the Family Support Registry at the
time of the appeal ruling, the payment shall be refunded to the non-debtor
account holder pursuant to the appeal ruling.