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 2504-1-6.805 - ADMINISTRATIVE REVIEW OF CONTESTED ARREARS

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.

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