Current through Register Vol. 47, No. 17, September 10, 2024
6.902.1
[Rev. eff. 4/1/13]
The following functions are the responsibility of the Child
Support Services Unit with regard to the enforcement of child support
obligations for all CSS cases.
6.902.11
County Procedures [Rev. Eff.
4/1/13]
Within thirty calendar days of identifying a delinquency or
other non-compliance with the order, or location of the obligor, whichever
occurs later, the Child Support Services Unit must take appropriate enforcement
action. The Child Support Services Unit must assess each enforcement case to
determine appropriate enforcement actions pursuant to Section 6.903.11.
A. When an obligor fails to make full payment
in the month the payment is due, appropriate enforcement action shall be
taken.
B. Income Assignment
1. For support orders entered on or after
January first, nineteen ninety (1990), the Notice to Withhold Income for
Support must be sent within two business days after receipt of an income
source.
2. For support orders
entered before January first, nineteen ninety (1990), if income assignment is
not included in the court order, the Notice of Pending Income Assignment, the
Advance Notice to Activate an Income Assignment and the Objection to Activate
an Income Assignment must be sent within two business days after receipt of an
income source. If the obligor does not file an objection to the activation of
the income assignment, the Notice to Withhold Income for Support must be sent
within two business days of the end of the fourteen (14) day objection
period.
3. A copy of the Notice to
Withhold Income for Support shall be provided to the obligor by the
employer.
4. Exception to automated
income assignments. If an automated income assignment cannot be issued due to
an exception, the automated child support system will electronically generate a
message to the enforcing county and the county child support services worker
shall complete the following within two working days of the date of the receipt
of the message:
a. Research the case to
determine whether the exception is valid and correct the exception data if
possible;
b. Document the findings
and the actions taken to correct the exception in the automated child support
system;
c. Issue the income
assignment to the employer, if appropriate.
C. Service of Process
1. If service of process is necessary,
service must be completed and enforcement action taken within 60 calendar days
of identifying a delinquency or of locating the obligor, whichever occurs
later.
2. Repeated unsuccessful
service of process attempts are not a valid reason for not meeting the time
frames. If service of process is unsuccessful because of a poor address, the
case shall be referred back to the locate function.
6.902.12
Public Assistance
Cases [Rev. eff. 10/1/09]
In public assistance and foster care cases, the Child Support
Services Unit shall enforce court-ordered child support obligations from any
person who is legally liable for such support until such obligations are
satisfied, including assigned arrearages, unless good cause exemption from
referral to the Child Support Services Unit has been determined to exist by the
county director or designee. Spousal maintenance must also be enforced if
established in the same court action and if the former spouse has physical
custody of the children.
6.902.13
Non-Public Assistance Cases
[Rev. eff. 6/1/04]
In non-public assistance cases, the Child Support Services
Unit shall enforce court-ordered child support obligations from any person who
is legally liable for such support until such obligations are satisfied or
services are no longer requested. Spousal maintenance must also be enforced if
established in the same court action and if the former spouse has physical
custody of the children. When the current support order and/or the child
support arrears are no longer being enforced, the Child Support Services Unit
shall cease enforcement of spousal maintenance.
6.902.14
Arrears Calculation [Rev. eff.
4/1/13]
For all cases, the Child Support Services Unit is required to
calculate arrearages from the date the child support order is entered,
including those cases where the date of the order is prior to the date of
referral or application.
A. Child
Support Services Unit must provide notice of the arrears by providing the
arrears calculation to the non-custodial and custodial parent. Notice is only
required when an arrears balance has been determined and there was no existing
arrears balance on the ledger. Notice is also required when the arrears balance
has changed and the change is not solely due to payments made through the
Family Support Registry.
1. Parties are
allowed fourteen (14) days to respond to the calculation.
2. Any determined arrearages may not be added
to the case ledger until the fifteenth (15th) day.
3. Should the parties disagree with the
arrears calculation, the county must refer the case to the court for an arrears
determination.
a. Current support must be
collected during the period in which the arrears are being
determined.
b. Should it be
determined arrears are owed, the county must amend the income withholding order
to include all monthly payments due.
6.902.15
National Medical Support
Notice [Rev. eff. 4/1/13]
The Child Support Services Unit shall enforce a medical
support order when health insurance for the child(ren) is no longer being
provided, by issuance of the National Medical Support Notice to the obligor's
employer, when such an employer is known, or unless the court or administrative
order contains alternative health care coverage.
6.902.16
Notice of Emancipation of a
Child [Rev. eff. 4/1/13]
The enforcing Child Support Services Unit must respond to the
automated child support system's electronic message indicating the automatic
generation of the right to request review notice for each party or his/her
attorney of record. The electronic message alerts the worker when a child(ren)
has reached the age of emancipation. Within five working days of receiving the
electronic 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 youngest child on the
order, the worker shall mail a right to request review notice to each party or
his/her attorney of record.
6.902.17
Credit Reporting (CRA) [Rev.
eff. 4/1/13]
6.902.171
Selection [Rev. eff. 4/1/13]
Obligors shall be selected for referral on all of their court
orders when the following two conditions exist in the same accounting period on
at least one court order:
1) current
balance exceeds five hundred dollars ($500) and
2) there is an amount that is at least sixty
calendar days past due. The Colorado Department of Human Services, Division of
Child Support Services, will generate a report which displays the orders that
have been selected for credit reporting. The Child Support Services Units shall
take the following actions within thirty calendar days of the generation date
of the credit reporting agency notification list:
A. Ensure that the monthly support
obligation, monthly amount due, monthly payment due and current balance are
correct; and,
B. Ensure that the
arrears in the inactive ledgers are not a duplication of those in the active
ledgers; and,
C. Ensure that the
Social Security Number is correct; and,
D. Clear any financial holds; and,
E. Electronically send a request for
suppression of the court order to the "SEU CRA" mailbox if selection has been
made on an incorrect person.
F.
Document in the automated child support system all changes or other actions
taken.
6.902.172
Notice [Rev. eff.
4/1/13]
The Colorado Department of Human Services, Division of Child
Support Services, generates the pre-referral notice, thirty calendar days after
the case is selected for credit bureau reporting. The obligor has thirty
calendar days from the date of the pre-referral notice to pay the past-due
obligation, pay a lump sum toward the current balance or submit a written
request for an administrative review. If a written request for administrative
review is received, the county child support enforcement worker shall follow
Section 6.805.
Once sixty (60) calendar days have lapsed, the child support
data will be submitted to the credit reporting agencies.
6.902.173
Disputes [Rev. eff.
4/1/13]
If, during the monthly referral to the credit reporting
agencies, the obligor contacts the county child support enforcement worker to
dispute the information contained in his/her credit report, the county child
support enforcement worker shall:
A.
Enter the dispute code in the automated child support system within one working
day of contact.
B. Research the
case to determine if the information is correct or incorrect. If incorrect, the
necessary changes must be made to the child support case. The changes will be
reflected in the next monthly update to the credit reporting
agencies.
C. Document in the
automated child support system all changes or other actions taken.
The county Child Support Services Units shall respond to
requests from the Division of Child Support Services within two working days
for payoff amounts and status information and within six working days for
information needed to complete the investigation of a consumer credit dispute.
If the Child Support Services Unit receives a request for information from a
lender, credit reporting agency or obligor, it shall follow Section
6.902.174.
6.902.174
Limited Point of Contact
[Rev. eff. 4/1/13]
The Fair Credit Reporting Act, which governs credit reporting
agencies, requires a limited point of contact between credit reporting agencies
and users of credit information. When a Child Support Services Unit receives a
request for credit status information from a lender, an underwriter, a mortgage
company, a credit verifier, an obligor or from a credit reporting agency, the
request shall be forwarded to the Colorado Department of Human Services,
Division of Child Support Services, which shall respond to the request for
information or to the request for confirmation or clarification of information
submitted to credit reporting agencies by the Child Support Services program.
All requests for credit reporting status letters shall be forwarded to the
Colorado Department of Human Services, Division of Child Support
Services.
6.902.175
Arrears or Payoff Requests [Rev. eff. 4/1/13]
If the Colorado Department of Human Services, Division of
Child Support Services, requests arrears or payoff information as referenced in
Section 6.902.174, the Child Support Services Unit shall provide the
information within two (2) working days, as required at Section
6.902.173.
6.902.2
SELECTION FOR DRIVER'S LICENSE SUSPENSION PROCESS [Rev. Eff.
5/1/07]
The obligor's court orders will be selected for the drivers'
license suspension process if the monthly support obligation is not paid in
full each month.
The Colorado Department of Human Services, Division of Child
Support Services, is the single point of contact between Child Support Services
and the Colorado Department of Revenue, Division of Motor Vehicles.
6.902.21
Reports [Rev. Eff.
5/1/07]
A. A report is generated by
the Colorado Department of Human Services, Division of Child Support Services,
indicating any cases that have changed status with regards to driver's license
suspension. County Child Support Enforcement workers shall take the following
actions within thirty calendar days of the generation date of the EM-008,
County License Suspension Action Report:
1.
Suppress driver's license suspension action, if appropriate. A suppression may
be entered at the court order level by the county child support enforcement
worker or the technician may request a suppression at the person level, by
electronically sending a request to the "SEU DLS" mailbox.
2. Document in the automated child support
system all changes or other actions taken.
B. A report is generated by the Colorado
Department of Human Services, Division of Child Support Services, indicating
cases that have been suppressed from the driver's license suspension process.
County child support enforcement workers shall review the case within thirty
calendar days of the generation date of the combined suppression report and
take the following actions:
1. If
appropriate, remove the court case level suppression or request a release of
the suppression at the obligor level, by electronically sending a release
request to the "SEU DLS" mailbox.
2. Document in the automated child support
system all changes or other actions taken.
6.902.22
Notices [Rev. Eff.
5/1/07]
The following notices are generated by the state office based
on the specifics of each case.
A. The
obligor has thirty calendar days from the notice of noncompliance date to meet
the paying criteria, pay the past due obligation, negotiate a payment plan or
request, in writing, an administrative review. If a written request for an
administrative review is received, the county child support enforcement worker
shall follow Section 6.805.
B. If a
new payment plan is reached with the obligor, the county child support
enforcement worker shall enter the new payment plan on the automated child
support system pursuant to Section 6.902.3.
C. If the obligor has not paid the past due
obligation, negotiated a new payment plan, requested an administrative review
or met the paying criteria after the notice of noncompliance is issued, and at
least thirty calendar days have lapsed, the automated child support system will
electronically send an initial notice of failure to comply to the Colorado
Department of Revenue, Division of Motor Vehicles, to suspend the license. A
paper copy of the initial notice of failure to comply is sent to the obligor at
the same time.
D. If the obligor
complies and is sent a notice of compliance after the initial notice of failure
to comply and then subsequently fails to meet the paying criteria, the
automated child support system will electronically send a subsequent notice of
failure to comply to the Colorado Department of Revenue, Division of Motor
Vehicles, asking that the license be suspended. A paper copy of the subsequent
notice of failure to comply is sent to the obligor at the same time.
E. When a manual notice of compliance is
needed to stop a suspension, the county child support services worker shall
electronically request a manual notice of compliance from the Colorado
Department of Human Services, Division of Child Support Services, which will
determine if the request is warranted. If the request is approved, within one
working day from the date of the decision, Colorado Department of Human
Services, Division of Child Support Services, shall fax a manual notice of
compliance to the Colorado Department of Revenue, Division of Motor
Vehicles.
6.902.23
Rescission [Rev. eff. 4/1/13]
A.
Within one working day of the discovery that an erroneous suspension of an
obligor's driver's license has occurred due to a county or state Child Support
Services office error only, the county child support services worker shall
electronically notify the Colorado Department of Human Services, Division of
Child Support Services, via the "SEU DLS" mailbox. The message shall contain
the date of the erroneous suspension, the specific error that caused the
erroneous suspension, and any other relevant facts.
B. Within two working days from the receipt
of the electronic message, the Colorado Department of
Human Services, Division of Child Support Services, shall
review the case to verify whether an error occurred and whether the error is
documented in the automated child support system:
1. If the Colorado Department of Human
Services, Division of Child Support Services, determines that the suspension
occurred erroneously, the Colorado Department of Revenue, Division of Motor
Vehicles, shall be notified that the erroneous suspension must be
rescinded.
2. If the Colorado
Department of Human Services, Division of Child Support Services, determines
that the suspension was not erroneous, the county child support services worker
shall be electronically notified within two working days of the
determination.
6.902.3
PAYMENT PLAN [Rev. eff.
4/1/13]
The payment plan displays the monthly payment due. The
monthly payment due consists of the monthly support obligation and Monthly
Amount Due (MAD) on the arrears. The total monthly payment due shall not exceed
the maximum amount of disposable income that is eligible to be withheld
pursuant to Section
13-54-104(3)(b)
(I & II), C.R.S.
A. If the obligor
has a court ordered MAD on the arrears balance, the county child support worker
must enter this amount and the correct code on the court ordered screen in the
automated child support system. The code and amount must be removed when the
court ordered MAD is no longer valid.
B. If the obligor has a MAD set by the county
child support worker, the following must be done when an obligor contacts the
county to request a reduction of the MAD:
1.
The county child support worker shall inform the obligor that documentation of
their current income must be provided to adjust the MAD. The obligor must
provide one of the following types of documentation:
a. Pay check stubs for the last three
months;
b. Business bank statements
for the last year;
c. Federal/State
tax return for the last three years;
d. Documentation of disability; or,
e. Letter from parole/probation officer of
current financial circumstances.
2. The county child support worker shall
enter the monthly gross income amount for the obligor, as determined by the
documentation provided, into the income data screens on the automated child
support system.
3. If the obligor
has more than one child support services case, all counties must honor the
income data entered on the income data screens by changing the MAD for their
case to between the automated child support system calculated fair share MAD
and the minimum MAD.
4. Income
documentation from the obligor shall be required in order for the county child
support worker to update the income data screens. The income data can only be
changed upon receipt of updated income documentation as outlined above in
Number 1.
5. Income documentation
shall be retained in the county case file.
6. When the pay plan amounts change, the
county child support worker shall issue an amended order/notice to withhold
income for support to reflect the new pay plan amount.
C. If the obligor has a MAD set by the child
support system that is not a previously technician set MAD, the county shall
review the case and ensure the default MAD amount is appropriate and document
findings in chronology.
6.902.4
UNEMPLOYMENT COMPENSATION
BENEFITS (UCB) [Rev. eff. 4/1/13]
Automated, electronic income assignments are sent to the
Colorado Department of Labor and Employment, Division of Unemployment Benefits
(UCB), to attach an obligor's unemployment compensation benefits.
The Colorado Department of Human Services, Division of Child
Support Services, is the single point of contact between Child Support Services
and the Colorado Department of Labor and Employment, Division of Unemployment
Compensation Benefits.
When a case is unable to attach to a valid unemployment
compensation claim, the county child support services worker shall take the
following actions as appropriate within two working days of being
electronically notified:
A. Name
mismatch - research the case to determine whether the correct name is entered
and make any necessary corrections.
B. Exclusion - research the case to determine
whether the exclusion is valid and make any necessary corrections.
C. All changes or other actions taken to
resolve the exclusions shall be documented in the automated child support
system by the county child support services worker.
