Tracking# 2012-01091
FA/P 2/1/13, eff. 4/1/13 

I:/11090205.rtf 
(I:/11090205.doc) 

(9 CCR 2504-1)

[Instructions: insert before line 2285745.]
Revisions to Sections 6.102.2-6.102.21, 6.210.13-6.210.15, 6.261-6.261.1, 6.261.3-6.261.8, 6.600-6.606, 6.700-6.715.1, 6.804.4, 6.902-6.902.11, 6.902.14-6.902.175, 6.902.23, 6.902.3-6.902.4, 6.903.11, 6.906, and 6.906.21; and, addition of Sections 6.240-6.240.2 were final adoption following publication at the 2/1/2013 State Board meeting, with an effective date of 4/1/2013 (Rule-making# 11-9-2-5). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration.  

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[Instructions: replace lines 2272530 through 2272561.]
6.102.2  DUTIES OF THE COUNTY DEPARTMENT 
6.102.21  [Rev. eff. 4/1/13]
The duties of the county department or its delegate shall include the following: 
A.  Establishing, maintaining, and implementing specific written procedures for the operation of the Child Support Enforcement Program in accordance with these rules;
B.  Maintaining the Child Support Enforcement staff manual, required state forms, and copies of county letters;
C.  Establishing and monitoring agreements with local law enforcement officials, legal services providers and other organizations for the provision of services in support of the Colorado Child Support Enforcement Program;
D.  Securing compliance with the requirements of the Colorado Child Support Enforcement Program in operations delegated under any agreement;
E.  Implementing and utilizing a statewide, comprehensive automated Child Support Enforcement system, as prescribed by the state department;
F.  Certifying delinquent cases to the state department for the interception of Internal Revenue Service refunds and for interception of state income tax refunds;
G.  Ensure the accuracy and integrity of the automatic child support system; 
H.  Send a quarterly notice of current support and arrearage payment collections to current and former IV-A recipients with support obligations who have assigned their rights to support. Collections shall be reported on Form CSE-33, as prescribed by the State Department, and shall contain:
1.  Explanation of the assignment of support rights,
2.  Name of the noncustodial parent from whom the support is collected,
3.  The starting date of the period reported,
4.  The ending date of the period reported,
5.  A separate listing of payments collected from each noncustodial parent when more than one noncustodial parent owes support,
6.  Amount collected from each noncustodial parent which was retained to reimburse public assistance,
7.  Amount collected from each noncustodial parent which was paid to the family in the form of excess collections,
8.  An Advisement to the custodial party of his/her right to call or write the Child Support Enforcement Unit if he/she has questions or disagreements about the distribution. The Advisement will notice the custodial party that the family is entitled to:
a.  An administrative review,
b.  Bring a representative to the administrative review, and
c.  Review its files prior to or at the administrative review as provided for in state regulations at Section 6.220.
9.  Such other information as deemed appropriate by the State Department.
I.  Periodically, not less than annually, publicizing the availability of Child Support Enforcement services, including address and telephone number of the county Child Support Enforcement Unit;
J.  Establishing an order for either party to provide medical support in new or modified court or administrative orders for child support, and enforcing the medical support provision when health insurance is accessible and available at reasonable cost to the obligor;
K.  Obtaining information regarding the health insurance available through the custodial party and/or noncustodial parent when a change in circumstance occurs that would warrant a change in the health insurance status and reporting such information on the automated child support system. The automated child support system will generate a report to the state Medicaid Third Party Resource Section; 
L.  Conducting administrative reviews of contested arrears; 
M.  If the county director or the delegate exercises the option of referring Low-Income Child Care Assistance recipients to the Child Support Enforcement Unit, the county must comply with all provisions found in these rules and in Section 3.900, in the "Income Maintenance" rule manual (9 CCR 2503-9) relating to the referral of Low-Income Child Care Assistance recipients to the Child Support Enforcement Unit; 
N.  Using diligent efforts to complete all actions appropriately and within the timeframes required by the applicable federal regulations, statute or rule. Diligent efforts shall include the following:
1.  Initiating a task within the required time period;
2.  Completion of the task, including any follow up activities within the required time period;
3.  Taking the necessary actions in response to receipt of information that indicates that the task may not be on track to be completed within the required timeframe. 

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[Instructions: replace line 2272706.]
6.210.13  Disclosure [Rev. eff. 4/1/13] 

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[Instructions: replace lines 2272717 through 2272723.]
J.  Upon receipt of a non-disclosure affidavit and required documentation from either party, the county child support enforcement worker shall create the request for ruling regarding non-disclosure and the request shall be forwarded to the court of jurisdiction along with the motion/order for non-disclosure. In this instance an individual’s identity or location can be released only upon receipt of a court order requiring the override of the order of non-disclosure. When the court orders non-disclosure, the county child support worker shall update the non-disclosure indicator on the automated child support system within five working days of the date of receipt of the court order. Interjurisdictional cases will be handled as follows: 
1.  Initiating Interjurisdictional Cases: Treated the same as an in-state case with the exception that the court order will be sent to the responding jurisdiction along with the other required interstate forms.
2.  Responding Interjurisdictional Cases: If the initiating jurisdiction indicates that there is a nondisclosure granted in that jurisdiction, the county child support worker shall update the non-disclosure indicator on the automated child support system within five working days of the date of receipt of the court order. 

[Ed. note: Sections 6.210.14-6.210.15 have been deleted.] 

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[Instructions: replace line 2272798 and add the following sections.] 
6.240  MEDICAL SUPPORT ESTABLISHMENT AND ENFORCEMENT [Eff. 4/1/13] 
6.240.1  MEDICAL SUPPORT ESTABLISHMENT [Eff. 4/1/13] 
For all cases in which current child support is being sought (including zero dollar orders), the Child Support Enforcement Unit shall include a provision for either party to provide health insurance for his/her child(ren). 
6.240.2  MEDICAL SUPPORT ENFORCEMENT [Eff. 4/1/13] 
The National Medical Support Notice (NMSN) must be sent to the obligor’s employer if the obligor is ordered to provide health insurance, the obligor is eligible for health insurance, the health insurance is accessible to the child(ren), and the monthly premiums are reasonable in cost. 
A.  A notice must be sent to the obligor, informing him/her that the NMSN was sent to his/her employer and describing the rights and conditions regarding the issuance of the NMSN. The obligor has ten (10) calendar days from the date of the mailing to object with the Child Support Enforcement Unit if the obligor believes there is a mistake in identity and he/she is not the obligor, there is no order for the obligor to provide health insurance, the health insurance is not accessible to the children, or the monthly premiums are not reasonable in cost. 
1.  Health insurance is considered not accessible to the child(ren) if the child(ren) resides outside the geographic area of coverage. 
2.  A premium amount is considered reasonable in cost if the premium payments (child(ren)s’ portion) are less than twenty percent (20%) of the paying parent’s gross income or application of the premium payment (child(ren)s’ portion) on the guidelines does not result in a Monthly Support Obligation of fifty dollars ($50) or less. 
B.  The Child Support Enforcement Unit will have ten (10) calendar days from the date the objection is mailed to determine if the objection is valid. If the obligor objects to the enforcement of the NMSN claiming it exceeds the reasonable cost standard, the Child Support Enforcement Unit must determine if the premium amount is twenty percent (20%) or more of the obligors’ gross monthly income. 
C.  If the obligor’s objection is valid, the Child Support Enforcement Unit must send a notice of termination to the obligor’s employer with a copy to the obligor. If the obligor’s objection is not valid, the Child Support Enforcement Unit must notify the obligor that the NMSN will remain in effect and that the obligor has the right to object with the court. 
D.  In subsidized adoption cases, CSE units have the option of enforcing medical support through a NMSN. Verification of the subsidized adoption is required if the Child Support Enforcement Unit chooses not to enforce. 

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[Instructions: replace lines 2272952 through 2272954.] 
6.261  REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS [Rev. eff. 4/1/13] 
The Child Support Enforcement Unit is responsible for the following functions in sub-sections 6.261.2 through 6.261.8 regarding the review and adjustment of child support orders for all cases.
6.261.1  (NONE) [Rev. eff. 4/1/13] 

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[Instructions: replace lines 2272960 through 2273099.] 
6.261.3  CASES SUBJECT TO REVIEW AND ADJUSTMENT [Rev. eff. 4/1/13] 
A.  Either party in cases with an active order may request a review of the order. The request shall include the financial information from the requesting party necessary to conduct a calculation pursuant to the Colorado Child Support guidelines. The requesting party shall provide his or her financial information on the form required by the Division of Child Support Enforcement.
If the requestor fails to provide the necessary financial information with their request, the review process shall not be initiated.
B.  The delegate Child Support Enforcement Unit may initiate a review of a current child support order upon its own request.
C.  In cases containing an active assignment of rights, the Child Support Enforcement Unit shall review the order at least once every thirty six (36) months to determine if an adjustment of the order is appropriate.
In the case of an automatic review with an active assignment of rights, both parties are considered non-requestors and have twenty days from the date of the review notice to provide the necessary financial information.
D.  Only the enforcing county delegate Child Support Enforcement Unit shall assess a request for review of a child support order and deny it or grant it and initiate a review.
E.  If the current county receives the written request for review, the request must be forwarded to the enforcing county within five calendar days of receipt of the request.
F.  Within fifteen (15) business days of receipt of a written request for review, the worker shall determine whether Colorado or another jurisdiction has authority (Continuing, Exclusive Jurisdiction (CEJ)) to conduct the review and modify the child support order. If Colorado has CEJ, the worker will make the assessment as to whether the request for review will be granted or denied pursuant to the standards set forth in paragraph H, below. 
G.  If another jurisdiction has CEJ: 
1.  The Child Support Enforcement worker shall determine whether or not a full UIFSA action is needed. If this is needed, the worker shall initiate the reciprocal and generate the general testimony and the uniform support petition. If not, the worker shall generate the last two pages of the Interstate Income and Expense Affidavit. The appropriate forms shall be sent to the requester within five (5) business days of the determination.
2.  The forms generated from the automated child support system document generation will automatically be documented in chronology.
3.  The requester shall return the last two pages of the Income and Expense Affidavit to the enforcing county within twenty (20) calendar days.
4.  If the requester fails to return the requested documentation within twenty (20) calendar days, the process stops.
5.  Within twenty (20) calendar days of receipt of the information from the requester, the Child Support Enforcement worker shall send it to the other state that is to conduct the review.
H.  If Colorado has CEJ, and: 
1.  It has been thirty-six (36) months or more since the last review or adjustment of the support order, the child support enforcement worker shall begin the review process following the procedures set forth in Section 6.261.4, unless: 
a.  It is a request for review of a spousal maintenance order;
b.  It is a request for the emancipation of a child who has not emancipated in accordance with Section 14-10-115, C.R.S.;
c.  There is a pending administrative process action or court action for modification;
d.  It is a request for a change in the allocation of parental responsibility or parenting time;
e.  The IV-D case is closed; if so, the requester will be advised in writing that s/he may apply for services;
f.  The delegate county Child Support Enforcement Unit is enforcing only arrearages; or, 
g.  The last or only child is within one year of the legal age of emancipation and the modification process may not be able to be completed before the child reaches the legal age of emancipation; the requesting party will be informed of the right to request a modification through court.
2.  It has been fewer than thirty-six (36) months since the last review or adjustment of the support order, the child support enforcement worker shall begin the review process following the procedures set forth in Section 6.261.4, unless: 
a.  The requester has not provided a reason for such review or the reason for review arises from the circumstances of the requesting party and the requesting party fails to provide supporting documentation or otherwise fails to demonstrate that there has been a substantial and continuing change in circumstances as set forth in Section 14-10-122, C.R.S., with their request;
b.  It is a request for review of a spousal maintenance order;
c.  It is a request for the emancipation of a child who has not emancipated in accordance with Section 14-10-115, C.R.S.;
d.  It is a request for a change in the allocation of parental responsibility or parenting time;
e.  There is a pending administrative process action or court action for modification;
f.  The IV-D case is closed, if so the requester will be advised in writing that s/he may apply for services;
g.  The delegate county Child Support Enforcement Unit is enforcing only arrearages; or, 
h.  The last or only child is within one year of the legal age of emancipation and the modification process may not be able to be completed before the child reaches the legal age of emancipation; the requesting party will be informed of the right to request a modification through court.
I.  If a request for review of a child support order is denied pursuant to paragraph H, the worker shall inform the requesting party in writing within five (5) business days. The worker shall also document the date of the request and the reason for the denial in the Automated Child Support Enforcement System. If the request is granted the worker shall initiate the review process within five (5) business days pursuant to Section 6.261.4.
J.  If a county delegate Child Support Enforcement Unit who is enforcing a current monthly support obligation receives a request for review of a child support order, which does not contain medical support provisions or which contains a request to change the party ordered to provide medical support, the request shall be granted and the review conducted regardless of the date of the last review or adjustment.
6.261.4  CONDUCTING THE REVIEW [Rev. eff. 4/1/13] 
A.  The Child Support Enforcement worker shall send the following documents to the requesting party or his/her attorney of record, except in foster care cases where the requesting party is the county department, at least thirty (30) calendar days prior to commencement of the review:
1.  The Review Notice; and, 
2.  At county option, the county may choose to send the Administrative Subpoena to obtain additional income/financial information.
The forms generated from the automated child support system document generation will automatically be documented in chronology.
B.  The Child Support Enforcement worker shall send the following documents to the non-requesting party or his/her attorney of record, except in foster care cases where the non-requesting party is the county department, thirty (30) calendar days prior to commencement of the review. In interjurisdictional cases, a copy shall also be sent to the other agency involved in the case: 
1.  The Review Notice; and, 
2.  The Income and Expense Affidavit. 
The forms generated from the automated child support system document generation will automatically be documented in chronology.
C.  The Child Support Enforcement worker shall conduct the review on or before the thirtieth calendar day following the date the Review Notice is sent to the parties using income information from each party's Income and Expense Affidavit and/or the Department of Labor and Employment records and/or other reliable financial/wage information. The review may be conducted in person at the Child Support Enforcement office, via United States mail, or via an electronic communication method.
D.  The delegate Child Support Enforcement Unit may grant a continuance of the review for good cause. The continuance shall be for a reasonable period of time and shall not exceed thirty (30) calendar days.
E.  When conducting the review, the Child Support Enforcement worker shall apply the child support guidelines to determine any inconsistencies between the existing child support award amount and the amount resulting from application of the child support guidelines.
F.  If the non-requesting party or his/her attorney of record fails to provide financial or wage information, the Child Support Enforcement worker shall use income information which is available to the Child Support Enforcement Unit through Colorado Department of Labor and Employment records and/or other verified sources such as the State Parent Locator Service, the Expanded Federal Parent Locator Service, and the State Employment Security Administration.
G.  If income information is not available for either party, the Child Support Enforcement worker shall: 
1.  File a Motion to Compel with the court requesting the court to order the party to provide the information, or 
2.  Impute income based on potential earnings or the current minimum wage, which may be calculated for up to a forty hour work week. 
H.  In conducting the review, the Child Support Enforcement worker shall examine the existing order to determine if a medical support provision needs to be added. 
6.261.5  TERMINATION OF REVIEW [Rev. eff. 4/1/13] 
If a non-public assistance obligee requests termination of the review, s/he must also request closure of the IV-D case in accordance with the applicable case closure criteria as defined in Section 6.260.51, C.
6.261.6  (Reserved for Future Use)
6.261.7  REVIEW RESULTS, NO ADJUSTMENT REQUIRED [Rev. eff. 4/1/13] 
Judicial and Administrative Process Orders: After completion of the review, the child support enforcement worker may determine that there is no adjustment required in the ordered child support amount because the guideline calculation does not indicate at least a ten percent change in the ordered child support amount and/or the provision for medical support is already a part of the order.
Within five (5) business days of completing the review, the Child Support Enforcement worker shall provide to each party or his/her attorney of record, including the foster care agency and other child support agencies: 
A.  The Post Review Notice.
B.  The Guideline Calculation Worksheets.
C.  The forms generated by the automated child support system document generation will automatically be documented in chronology.
6.261.8  REVIEW RESULTS, ADJUSTMENT REQUIRED [Rev. eff. 4/1/13] 
A.  Judicial Orders: After completion of the review, the Child Support Enforcement worker may determine an adjustment is necessary because the guideline calculation indicates at least a ten percent change in the ordered child support amount and/or a change in or addition of medical support provision is needed. 
1.  Within five (5) business days of completing the review and determining that an adjustment is required, the Child Support Enforcement worker shall provide to the obligor and obligee or his/her attorney of record and to the other agency involved in interjurisdictional cases:
a.  The Post Review notice;
b.  The guideline calculation worksheets;
c.  All supporting financial documentation used to calculate the monthly support obligation; and,
d.  The order/stipulation. 
2.  Either party may file a challenge to the review results based on the post review notice or the proposed order: 
a.  The challenge must be received no later than the fifteenth day following the Post Review Notice date.
b.  The challenge must be in writing.
c.  The challenge must be based on alleged mathematical or factual error in the calculation of the monthly support obligation.
d.  The delegate Child Support Enforcement Unit may grant an extension of up to fifteen (15) calendar days to challenge the review results based upon a showing of good cause.
e.  The delegate Child Support Enforcement Unit shall have fifteen (15) calendar days from the date of receipt of the challenge to respond to the challenge.
f.  If a challenge results in a change in the monthly support obligation, the delegate Child Support Enforcement Unit shall provide an amended notice of review and a new order/stipulation to the parties.
g.  Both parties are then given fifteen (15) calendar days from the date of the amended notice of review to challenge the results of any subsequent review.
3.  Within five (5) business days of determining that a review indicates that a change to the monthly support obligation is appropriate, and the review is not challenged or all challenges have been addressed, the delegate Child Support Enforcement Unit shall file with the court: 
a.  A Motion to Modify; and,
b.  The order/stipulation.
4.  Upon receipt of the order/stipulation from the court, the Child Support Enforcement worker shall send copies to the parties or their attorneys of record and to the other agency involved in interjurisdictional cases. The Child Support Enforcement worker shall document the automated child support system chronology with this activity.
5.  Within five (5) business days of determining that a challenge cannot be resolved, the Child Support Enforcement worker shall file with the court: 
a.  A Motion to Modify;
b.  The order/stipulation;
c.  The Guideline Calculation Worksheets; and,
d.  Income and Expense Affidavits of the parties.
6.  Within eighteen (18) days of determining that a challenge cannot be resolved, the Child Support Enforcement worker shall check for the court’s signature on the order; if the court has not signed the order, set a hearing pursuant to local court rules.
7.  After a hearing has been set, the Child Support Enforcement worker shall send copies of the notice of hearing to the parties or their attorneys of record and to the other agency involved in interjurisdictional cases and document the automated child support system’s chronology with this activity.
8.  If the obligor’s employer’s address is known, the delegate Child Support Enforcement Unit shall, unless another agency is enforcing an interjurisdictional case or the case meets one of the good cause criteria specified in Section 14-14-111.5(3)(a)(II)(A), C.R.S.: 
a.  Send a notice to withhold income for support within fifteen (15) calendar days of the date the modified order is entered; 
b.  Send a notice to withhold income for support to the obligor’s employer within two (2) business days from the report of the obligor’s employment through the state directory of new hires; 
c.  Send a National Medical Support Notice to initiate health insurance coverage within fifteen (15) calendar days of the date the modified order is entered or within two (2) business days from the report of the obligor’s employment through the state directory of new hires, if the obligor is the party ordered to provide health insurance and the employer has health insurance available at reasonable cost, as defined in Section 6.240.2, A, 2.
B.  Administrative Process Orders: After completion of the review the Child Support Enforcement worker may determine an adjustment is necessary because the guideline calculation indicates at least a ten percent change in the ordered child support amount and/or a change to or an addition of a medical support provision is needed.
1.  Within five business days of completing the review and determining that an adjustment is required, the Child Support Enforcement worker shall provide to the obligor and obligee or his/her attorney of record and to the other agency involved in interjurisdictional cases:
a.  The Administrative Process Notice of Financial Responsibility for Modification form, which schedules a negotiation conference fifteen (15) days from the review date,
b.  The Guideline Calculation Worksheets,
c.  All supporting financial documentation used to calculate the monthly support obligation; and,
d.  The Administrative Process Modified Order of Financial Responsibility.
2.  Either party may file a challenge to the review results based on the Administrative Process Notice of Financial Responsibility for Modification or the Administrative Process Modified Order of Financial Responsibility: 
a.  The challenge must be received no later than the fifteenth day following the Notice of Financial Responsibility for Modification, and will be addressed at the scheduled negotiation conference to be held on the fifteenth day following the review date.
b.  The challenge must be based on alleged mathematical or factual error in the calculation of the monthly support obligation.
c.  The delegate Child Support Enforcement Unit may grant an extension of up to fifteen (15) calendar days to challenge the review results based upon a showing of good cause.
d.  The delegate Child Support Enforcement Unit shall have fifteen (15) calendar days from the date of receipts of the challenge to respond to the challenge.
e.  If a challenge results in a change in the monthly support obligation, the delegate Child Support Enforcement Unit shall provide an amended notice of review to the parties and to the other agency involved in interjurisdictional cases.
f.  Both parties are then given fifteen (15) calendar days from the date of the amended notice of review to challenge the results of any subsequent review.
3.  If the obligor or his/her attorney of record signs the Administrative Process Modified Order of Financial Responsibility at the negotiation conference or returns it in the mail prior to the negotiation conference date, the employee of the delegate Child Support Enforcement Unit designated in writing by the County Director, signs the Administrative Process Modified Order of Financial Responsibility. The Child Support Enforcement worker shall, within five (5) business days, file with the court:
a.  The Administrative Process Notice of Financial Responsibility for Modification;
b.  Income and Expense Affidavits of the parties;
c.  The Guideline Calculation Worksheets; and,
d.  The Administrative Process Modified Order of Financial Responsibility.
4.  The Administrative Process Modified Order of Financial Responsibility shall also be provided to the parties and to the other agency involved in interjurisdictional cases on the same date it is filed with the court. It shall include an advisement to the parties informing them that they have fifteen (15) calendar days to file a written objection with the court.
5.  If an objection has not been received by the court within fifteen (15) calendar days after the Administrative Process Modified Order of Financial Responsibility is filed with the court, the order becomes final. 
6.  If the obligor or his/her attorney of record does not sign and return the Administrative Process Modified Order of Financial Responsibility, but:
a.  The obligor or his/her attorney of record appears at the negotiation conference and does not agree, the Child Support Enforcement worker shall file with the court within five (5) business days:
1)  The Administrative Process Notice of Financial Responsibility for Modification;
2)  The Guideline Calculation Worksheet;
3)  The delegate Child Support Enforcement Unit's request for court hearing; and,
4)  Income and Expense Affidavits of the parties.
After a hearing is set, the Child Support Enforcement worker shall file a Notice of Hearing with the court and send copies of the Notice of Hearing to the parties or their attorneys of record and to the other agency involved in interjurisdictional cases.
b.  The obligor or his/her attorney of record does not appear at the negotiation conference, the Child Support Enforcement worker, within five (5) business days shall file with the court:
1)  The Administrative Process Notice of Financial Responsibility for Modification;
2)  Income and Expense Affidavits of the parties;
3)  The Guideline Calculation Worksheets;
4)  The Affidavit of Non-Appearance for modification; and,
5)  The Administrative Process Default Order of Financial Responsibility (modified).
c.  Upon receipt of a copy of the default order with signed approval by the judge or magistrate, the Child Support Enforcement worker shall send copies to the parties or their attorneys of record and to the other agency involved in interjurisdictional cases.
d.  The Child Support Enforcement worker shall document this activity on the automated child support system.
7.  If the obligor’s employer’s address is known, the delegate Child Support Enforcement Unit shall, unless another agency is enforcing an interjurisdictional case or the case meets one of the good cause criteria specified in Section 14-14-111.5(3)(a)(II)(A), C.R.S.: 
a.  Send a notice to withhold income for support within fifteen (15) calendar days of the date the modified order is entered; 
b.  Send a notice to withhold income for support to the obligor’s employer within two (2) business days from the report of the obligor’s employment through the state directory of new hires,
c.  Send a National Medical Support Notice to initiate health insurance coverage within fifteen (15) calendar days of the date the modified order is entered or within two (2) business days from the report of the obligor’s employment through the state directory of new hires, if the obligor is the party ordered to provide health insurance and the employer has health insurance available at reasonable cost, as defined in Section 6.240.2, A, 2.

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6.600  ESTABLISHMENT OF PATERNITY [Rev. eff. 4/1/13] 
6.600.1  STATUTE OF LIMITATIONS [Rev. eff. 4/1/13] 
In a IV-D case involving a child for whom parentage has not been legally established, the Child Support Enforcement Unit shall attempt to establish the paternity of such child at any time prior to the child’s eighteenth birthday: 
A.  Unless a good cause exemption on a mandatory referral to the Child Support Enforcement Unit has been determined by the county director or designated staff.
B.  If the statute of limitations in effect at the time of the child's birth was less than eighteen years, the county Child Support Enforcement Unit may bring an action on behalf of the child at any time prior to the child's twenty-first birthday. 
C.  An action brought solely to establish paternity must be done through the courts, not administratively.
6.601  PATERNITY ESTABLISHMENT TIME FRAMES [Rev. eff. 4/1/13] 
County Child Support Enforcement Units shall establish procedures to ensure that all appropriate paternity establishment activities are undertaken and completed within the timeframes specified. The timeframes begin when the alleged or presumed father is located and end when paternity and a support obligation are established or the alleged or presumed father is excluded. All paternity establishment activities must be documented on the automated child support system.
A.  Within ninety (90) calendar days of locating the alleged father, the Child Support Enforcement Unit must: 
1.  Document unsuccessful attempts to serve process, or,
2.  Complete service of process, establish paternity, and establish an order for support.
B.  Repeated unsuccessful service of process attempts are not a valid reason for not meeting the timeframes. If service of process is unsuccessful because of a poor address, the case shall be referred back to the locate function. 
6.601.1  GOOD CAUSE [Rev. eff. 4/1/13]
If good cause exemption has not been established and the custodial party or placing parent fails to cooperate with the Child Support Enforcement Unit, the Child Support Enforcement Unit shall complete a Notice of Non-Cooperation of Caretaker and forward the notice to the county IV-A unit, or the Division of Child Welfare. 
6.602  PRESUMPTION OF PATERNITY [Rev. eff. 4/1/13]
The Child Support Enforcement Unit shall determine whether the alleged father’s name is on the child's birth certificate prior to initiating a paternity establishment action.
A.  The Child Support Enforcement Unit shall not pursue the establishment of paternity but shall pursue the establishment of a support only order if a father's name is listed on the child's birth certificate, and no party contests paternity for that child and there is no credible evidence that another alleged or presumed father exists. 
B.  The Child Support Enforcement Unit shall pursue the establishment of paternity and support if there is no father’s name listed on the birth certificate, 
1.  And the custodial party or the non-custodial parent is contesting paternity; or, 
2.  There is credible evidence that another alleged or presumed father exists; and, 
3.  Paternity or child support has not been established by a Colorado judicial or administrative order or pursuant to the laws of another state.
6.603  VOLUNTARY ACKNOWLEDGEMENT OF PATERNITY [Rev. eff. 4/1/13]
County Child Support Enforcement Units shall provide all parents who are applying for services with or are referred to the Child Support Enforcement Unit with the opportunity to voluntarily acknowledge paternity at the Child Support Enforcement office. The Child Support Enforcement Unit shall provide to parents the voluntary acknowledgment form prescribed and furnished by the state registrar and oral and written state prescribed standardized notices stating the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the acknowledgment. Either the Child Support Enforcement Unit or a party of the case shall forward the completed acknowledgement of paternity form to the Department of Public Health and Environment, the Division of Health Statistics and Vital Records, according to the instructions provided on the form. 
6.603.1  RESCISSIONOF A VOLUNTARY ACKNOWLEDGEMENT OF PATERNITY [Rev. eff. 4/1/13]
A.  A signed voluntary paternity acknowledgment is considered a legal finding of paternity, subject to the right of either party who signed the acknowledgment to rescind the acknowledgment within the earlier of: 
1.  Sixty (60) calendar days from the date signed; or,
2.  The date of a prior administrative or judicial proceeding relating to the child in which the person who signed the paternity acknowledgment is a party.
B.  When a party in a IV-D case notifies the Child Support Enforcement Unit of his/her desire to rescind his/her signature on a voluntary acknowledgement of paternity or to contest paternity based on a voluntary acknowledgement of paternity and the voluntary acknowledgement of paternity was filed with the Colorado Department of Public Health and Environment, Division of Health Statistics and Vital Records, and paternity has not been established by or pursuant to the laws of another state, the Child Support Enforcement Unit shall, through administrative process, if appropriate, pursue the establishment of paternity and support and order genetic testing.
1.  If the results of the genetic testing establish a threshold of probability of paternity of ninety-seven percent (97%) or higher and the party continues to contest paternity, the Child Support Enforcement Unit shall proceed with administrative process procedures to establish a temporary support order and request a court hearing to obtain a court finding and order.
2.  If the results of the genetic testing establish a threshold of probability of paternity of ninety-seven percent (97%) or higher and the party does not continue to contest paternity, the Child Support Enforcement Unit shall proceed with administrative process procedures to establish an appropriate administrative process paternity and support order.
3.  If the results of the genetic testing do not establish a threshold of probability of paternity of at least ninety-seven percent (97%) and the non-custodial parent will not sign a stipulated order, the Child Support Enforcement Unit may dismiss the action or take such other appropriate action as allowed by law, including filing a request for court hearing. 
4.  If the court finds that the parent who signed the voluntary acknowledgment of paternity is not the legal father of the child and orders that such parent’s name be removed from that child’s birth certificate, the Child Support Enforcement Unit shall notify the Department of Public Health and Environment, Division of Health Statistics and Vital Records, and request that they remove the party's name from the child's birth certificate. The notification shall be either a certified copy of the court order or a modified report of paternity determination, as prescribed by the Division of Health Statistics and Vital Records.
6.603.2  CONTESTING PATERNITY ESTABLISHED BY A VOLUNTARY ACKNOWLEDGEMENT OF PATERNITY  [Rev. eff. 4/1/13]
A.  When a party in a IV-D case notifies the county Child Support Enforcement Unit of the desire to rescind his/her signature on or contests paternity established by a voluntary acknowledgement of paternity and there has been a prior administrative process or judicial proceeding involving the party concerning the support of the child, the party shall be advised to contact the court for resolution.
B.  When a party in a IV-D case notifies the county Child Support Enforcement Unit of the desire to rescind his/her signature on or contests paternity established by a voluntary acknowledgement of paternity and there has been no prior administrative process or judicial proceeding involving the party concerning the paternity or support of the child, and the current proceeding is being conducted through an administrative process action and it has been sixty or more calendar days since the acknowledgment was signed and the father’s name is on the child(ren)’s birth certificate, and paternity has not been established by or pursuant to the laws of another state, the Child Support Enforcement Unit shall: 
1.  Enter an administrative process order for genetic testing, then
2.  Establish an administrative process temporary order of financial responsibility and request a court hearing to obtain a permanent court finding and order if the genetic testing results show a ninety seven percent (97%) or greater probability of parentage and the party continues to contest paternity, or
3.  If the genetic testing results show a less than ninety-seven percent (97%) probability of parentage, the county Child Support Enforcement Unit may dismiss the action or take such other appropriate action as allowed by law.
C.  If the party withdraws his/her contest of paternity at any time, even after genetic testing has been done and the father’s name is on the child’s birth certificate, the delegate Child Support Enforcement Unit shall enter the appropriate administrative process order if the genetic testing results do show a ninety-seven percent (97%) or greater probability of paternity. 
6.604  CONTESTING PATERNITY BASED ON OTHER PRESUMPTIONS OF PATERNITY [Rev. eff. 4/1/13] 
Whether or not a father’s name is listed on a child’s birth certificate, if one or more presumptions of paternity of a child exist pursuant to Section 19-4-105, C.R.S., including the execution of a voluntary acknowledgment of paternity for one or more possible fathers, the delegate Child Support Enforcement Unit shall pursue the establishment of paternity and support for that child and shall use administrative process, if appropriate. If administrative process is not appropriate and/or there is credible evidence that more than one possible father exits, the action shall be pursued judicially and all alleged and/or presumed fathers shall be joined as parties in the case, if possible, pursuant to Section 19-4-110, C.R.S. 
However, if child support or paternity has already been established against a father by an administrative or judicial order or paternity has been established pursuant to the laws of another state, a support only order shall be pursued against such father. 
6.604.1  CONTESTING PATERNITY – NO IV-D CASE [Rev. eff. 4/1/13] 
Parties who do not have a IV-D case and request the Child Support Enforcement Unit to assist them in rescinding a voluntary acknowledgment of paternity, and it has been less than sixty (60) days since the voluntary acknowledgment of paternity was signed, and there has been no prior administrative process or judicial proceeding involving the party concerning the support of the child, shall be advised that he or she may apply for full child support services, or he or she may contact the court for assistance. If it has been more than sixty (60) days since the voluntary acknowledgment of paternity was signed, or there has been a prior administrative process or judicial proceeding involving the party concerning the support of the child, or he or she wants to disestablish paternity, he or she shall be referred to the court. 
6.605  GENETIC TESTING [Rev. eff. 4/1/13] 
A.  County Child Support Enforcement Units shall require that the child and all other parties in a contested paternity case submit to genetic testing, upon the request of any party, except in cases: 
1.  Where good cause has been determined; or,
2.  Where paternity has been determined by or pursuant to the laws of another state; or, 
3. Where paternity has been established by a Colorado administrative process or judicial order. 
B.  The parties are required to use the genetic testing laboratory designated by the Child Support Enforcement Unit.
C.  Counties, or the state Division of Child Support Enforcement on behalf of counties, shall competitively procure, according to county or state procedures, services from genetic testing laboratories which have been accredited. The state Division of Child Support Enforcement shall provide a list of genetic testing laboratories which have been accredited to the county Child Support Enforcement Units. Genetic testing laboratories procured by the counties must perform, at reasonable cost, legally and medically acceptable genetic tests to identify the father or exclude the alleged father. Proof of competitive procurement may be requested by the Colorado Department of Human Services at any time.
D.  County Child Support Enforcement Units shall pay the costs of the genetic testing for all parties for instate cases, including long-arm paternity establishment. For interstate cases, the responding state is responsible for the genetic testing costs, as stated in Section 6.605.2. 
6.605.1  OBJECTION TO GENETIC TESTING [Rev. eff. 4/1/13] 
Any objection to the genetic testing results shall be made in writing at least fifteen (15) days before the hearing where the results may be introduced, or fifteen (15) days after the Motion for Summary Judgment is served. If, however, the results were not received at least fifteen days before the hearing, the objection to the genetic testing results shall be made at least twenty-four (24) hours prior to the hearing. If no objection is made, the test results shall be entered as evidence of paternity in a paternity action without the need for proof of authenticity or accuracy.
Upon receipt of an objection to the genetic testing results, the delegate Child Support Enforcement Unit will take the following action: 
A.  If the case is an Administrative Process case, establish a temporary order if appropriate, and file a Child Support Enforcement Unit Request for Court Hearing as required in Section 6.713.
B.  If the case has been filed through the Judicial process, request the court to set a hearing to resolve the objection and decide the issue of paternity and child support. 
C.  The Notice of Hearing must be sent to the parties by the delegate Child Support Enforcement Unit. 
6.605.2  GENETIC TESTING COSTS [Rev. eff. 4/1/13] 
In all cases, when paternity is adjudicated, the county Child Support Enforcement Units shall attempt to enter a judgment for the costs of genetic testing against the alleged father for full payment or prorated payment with a specified monthly amount due to liquidate those costs. In intergovernmental cases, the responding jurisdiction is responsible for the cost of genetic testing. 
6.606  REPORTING THE DETERMINATION OF PATERNITY TO THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, DIVISION OF HEALTH STATISTICS AND VITAL RECORDS [Rev. eff. 4/1/13] 
A.  After a child's paternity has been established, either judicially or administratively, the Child Support Enforcement Unit shall complete and file the State prescribed forms with the Colorado Department of Public Health and Environment, Division of Health Statistics and Vital Records, to ensure that the parent's name is added to the child's birth record. These documents shall be filed with the Division of Health Statistics and Vital Records within ten (10) days of the judicial or administrative order establishing paternity. 
B.  The Child Support Enforcement Unit shall document in the Automated Child Support Enforcement System the date on which the State prescribed forms are sent to the Colorado Department of Public Health and Environment, Division of Health Statistics and Vital Records. 
C.  If the child was born in Colorado, within forty five (45) days after the State prescribed forms are sent to the Colorado Department of Public Health and Environment, Division of Health Statistics and Vital Records, the Child Support Enforcement Unit shall attempt to determine whether or not the parent's name has been added to the child's birth record. If the Child Support Enforcement Unit determines that the parent's name has not been added to the child's birth certificate, they shall attempt to determine why the name has not been added and take all reasonable steps to correct the situation including requesting assistance from the State Division of Child Support Enforcement where appropriate. 
D.  If the Child Support Enforcement Unit has contact with the Colorado Department of Public Health and Environment, Division of Health Statistics and Vital Records, about corrections needed to the State prescribed forms, the worker shall take all steps reasonably necessary and within his/her ability to resolve the issue so that the parent's name can be added to the child's birth record. This may include requesting assistance from the State Division of Child Support Enforcement where appropriate. 
E.  The Child Support Enforcement Unit shall document in the automated child support system the date on which the parent's name has been verified to be on the child's birth record. 

6.700  ESTABLISHMENT OF SUPPORT OBLIGATIONS [Rev. eff. 4/1/13] 
The following functions are the responsibility of the Child Support Enforcement Unit with regard to the establishment of child support obligations for all Child Support Enforcement cases.
6.700.1  EXPEDITED PROCESS [Rev. eff. 4/1/13] 
A.  County Child Support Enforcement Units shall establish procedures to ensure that all appropriate functions and activities to establish support obligations are undertaken and completed within the timeframes specified. The timeframes begin when the noncustodial parent is located and end when a temporary or permanent order is established or service of process is unsuccessful. All support activities must be documented on the automated child support system. 
B.  Within ninety calendar days of locating the alleged father or noncustodial parent, the Child Support Enforcement Unit must check to ensure that the child(ren) has not reached the age of emancipation; and, 
1.  Document unsuccessful attempts to serve process, or
2.  Complete service of process and establish an order for support (and paternity, if not already established).
C.  Actions subject to expedited process must be completed from the time of successful service of process to the time of disposition within the required timeframes. 
D.  Repeated unsuccessful service of process attempts are not a valid reason for not meeting the timeframes. If service of process is unsuccessful because of a poor address, the case shall be referred back to the locate function.
6.701  ESTABLISHING SUPPORT OBLIGATIONS [Rev. eff. 4/1/13] 
A.  All child support obligations must be established using the Colorado child support guidelines as found in Section 14-10-115, C.R.S., to determine the amount to be ordered. Child Support Enforcement staff shall not deviate from the guidelines. Child Support Enforcement Units shall refer to Section 6.707 for rules on how to determine income to use in the guideline calculation.
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 Enforcement 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. 
C.  In all cases, the Child Support Enforcement Unit shall attempt to establish child support obligations and medical support from any person who is legally liable for support of a child. 
1.  In a foster care referral case, the county Child Support Enforcement Unit shall attempt to establish a foster care fee obligation. 
2.  In public assistance, foster care, and low-income child care assistance referral cases, the Child Support Enforcement Unit shall not pursue the establishment of a child support obligation, child support debt, retroactive support or medical support if good cause exemption has been determined by the county director or designee. 
D.  Establishing the legal obligation to provide child support includes activities related to establishing the amount of retroactive support due, determining the ability of both parents to provide support, and determining the amount of the support obligation. 
6.701.1  HEALTH INSURANCE [Rev. eff. 4/1/13]
For all cases in which current child support is being sought, including zero dollar orders, the Child Support Enforcement Unit shall include a provision for either party to provide health insurance for his/her children.
6.702  ESTABLISHING DEBT OR RETROACTIVE SUPPORT [Rev. eff. 4/1/13] 
The Child Support Enforcement Unit has the discretion to establish an obligation for child support 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. 
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 paternity-only or debt-only action if requested by a custodial party, if there is a time period which occurred prior to 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 Enforcement Unit before the initiation of any judicial or administrative action to establish retroactive support. A Child Support Enforcement 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 Enforcement 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 Enforcement 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 non-custodial 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, non-custodial parent, and the children 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 Enforcement 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 Enforcement 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 Enforcement Unit may take the following factors into consideration in determining whether the initial amount of child support debt, foster care fee debt, or retroactive support calculated pursuant to paragraphs A and B, above, is appropriate and reasonable: 
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 Enforcement 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 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. 
7.703  DISMISSAL [Rev. eff. 4/1/13] 
If the court or administrative authority dismisses a party or a case for a support order without prejudice, the Child Support Enforcement Unit shall, at the time of dismissal, examine the reasons for dismissal and determine when it would be appropriate to seek an order in the future, and seek a support order at that time.  This shall be documented on automated child support system chronology and a review date set. 
6.704  ADMINISTRATIVE PROCEDURES TO ESTABLISH CHILD SUPPORT AND PATERNITY [Rev. eff. 4/1/13] 
Pursuant to Article 13.5 of Title 26, C.R.S., the delegate Child Support Enforcement Unit is authorized to establish certain paternity and child support obligations through administrative procedures.
6.704.1  CASES SUBJECT TO ADMINISTRATIVE PROCESS [Rev. eff. 4/1/13] 
A.  Administrative procedures to establish a monthly support obligation, foster care fee order, child support debt, foster care debt, or retroactive support, or to modify an order established by administrative process shall be used by the delegate Child Support Enforcement Unit in all cases to establish these obligations as appropriate, unless: 
1.  A court order exists that was issued in this or any other state, tribe, or reciprocating country, which establishes a monthly child support obligation; or,
2.  An administrative order exists that was issued in this or any other state, tribe, or reciprocating country, which establishes a monthly child support obligation for the child(ren) of the case but excluding appropriate administrative process add a child actions; or, 
3.  The case requires paternity establishment and the case involves multiple presumed and/or alleged father(s); or,
4.  One or both of the parents is under age eighteen (18); or,
5.  In intergovernmental cases, the case requires only paternity establishment and no support is being established; or, 
6.  A hearing has been scheduled by the court or a request for hearing has been filed with the court by any party on the issue of child support; or, 
7.  An objection has been filed with the court regarding an order of modification; or, 
8.  The court has exercised jurisdiction over a child support-related matter; or, 
9.  The applicant for child support services is the non-custodial parent. 
B.  Administrative process shall be utilized in cases in which a divorce decree is silent on the issue of child support and service in the divorce was by publication. In these cases, the administrative process action (APA) will be filed under a new court number.
C.  In cases in which there is a pending court action in which child support is at issue, the Child Support Enforcement Unit shall proceed to utilize administrative process as set forth in these rules. Copies of all documents shall be filed by the Child Support Enforcement Unit in the existing court case, utilizing the case number of the existing court case.
6.704.2  ESTABLISHING AN ORDER FOR WORK ACTIVITIES [Rev. eff. 4/1/13] 
A delegate Child Support Enforcement Unit may establish an administrative order for a noncustodial parent who is unemployed, not incapacitated, and has an obligation of support to a child receiving assistance. The order would require the noncustodial parent to enter into one or more of the following work activities: private or public employment, job search activities, community service, vocational training, or any other employment related activities available to that particular individual. 
6.704.3  ENFORCING COUNTY APPLICATION TO ADMINISTRATIVE PROCESS [Rev. eff. 4/1/13] 
Only the enforcing county delegate Child Support Enforcement Unit may initiate an administrative process action (APA). The enforcing county must close an open APA on ACSES before the enforcing county designation can be changed.
6.705  NOTICE OF FINANCIAL RESPONSIBILITY, NOTICE OF FINANCIAL RESPONSIBILITY-PATERNITY ACTION OR AMENDED NOTICE OF FINANCIAL RESPONSIBILITY [Rev. eff. 4/1/13] 
A.  A Notice of Financial Responsibility or amended Notice of Financial Responsibility for add a child cases, as prescribed by the State Department, shall be issued in all cases subject to administrative procedure within forty-five (45) days of locating the noncustodial parent by the enforcing county delegate Child Support Enforcement Unit.
B.  “Issued” shall be defined to mean the date the Notice of Financial Responsibility or amended Notice of Financial Responsibility is delivered to: the United States mail for service by certified mail, or the delegate Child Support Enforcement Unit employee authorized to serve the noncustodial parent, or the delegate Child Support Enforcement Unit's contractual process server, or the U.S. mail for service by first class mail only in an action to modify an existing administrative order.
C.  The Notice of Financial Responsibility or amended Notice of Financial Responsibility shall be signed by the county director or an employee of the delegate Child Support Enforcement Unit designated in writing by the county director.
D.  The delegate Child Support Enforcement Unit issuing a Notice of Financial Responsibility or amended Notice of Financial Responsibility shall: 
1.  Check on the automated child support system, R/A Financial History, and the Colorado Benefits Management System (CBMS) to determine all amounts of public assistance expended for the children's benefit by all Colorado counties and include the total amount on the Certification of Official Record. 
2.  Check the automated child support system to determine the total unreimbursed maintenance payments for Title IV-E foster care cases and with the foster care unit to determine the total unreimbursed costs of foster care placement for non-IV-E foster care cases and include the total amount on the Foster Care Arrearage/Unreimbursed Maintenance Payment Calculation or similar form used by the county Child Support Enforcement Unit.
3.  Schedule a negotiation conference date on the Notice of Financial Responsibility or amended Notice of Financial Responsibility thirty (30) calendar days from the date the Notice or amended Notice is issued, and
4.  Data enter the issuance date and negotiation conference date on the automated child support system within five (5) working days of issuing the Notice of Financial Responsibility.
In any instance in which the thirtieth (30th) day would fall on a Saturday, Sunday or holiday, the Child Support Enforcement Unit shall set the negotiation conference on the next working day immediately following.
6.705.1  SUBPOENA TO PRODUCE [Rev. eff. 4/1/13] 
A.  A Subpoena to Produce, as prescribed by the State Department, shall be served on the noncustodial parent with every Notice of Financial Responsibility or amended Notice of Financial Responsibility.
B.  The subpoena to produce shall be signed by the county director or an employee of the delegate Child Support Enforcement Unit so designated in writing by the county director.
6.705.2  INCOME AND EXPENSE AFFIDAVIT [Rev. eff. 4/1/13] 
The delegate Child Support Enforcement Unit shall include an income and expense affidavit as prescribed by the State Department with every Notice or amended Notice of Financial Responsibility issued.
6.705.3  SERVICE OF THE NOTICE OF FINANCIAL RESPONSIBILITY [Rev. eff. 4/1/13] 
A.  The delegate Child Support Enforcement Unit shall serve the Notice or amended Notice of Financial Responsibility on the noncustodial parent at least eleven calendar days prior to the date stated in the Notice or amended Notice for the negotiation conference.
B.  The following forms shall be included in the packet served on the obligor. 
1.  Notice or amended Notice of Financial Responsibility, 
2.  Subpoena to Produce, and 
3.  Income and Expense Affidavit.
C.  Either a Return of Service or a Waiver of Service must be obtained in all cases. Within five (5) working days of receipt of a Return of Service or a Waiver of Service, the delegate Child Support Enforcement Unit shall data enter the date of service or the waiver on the automated child support system and send notice of the negotiation conference to all parties or his/her attorney of record and the other state, if appropriate.
D.  If service was by certified mail restricted delivery, the return receipt shall be attached to the return of service. If service was effected by the county director or delegate Child Support Enforcement Unit employee designated in writing by the county director, he/she shall complete the return of service within five (5) working days of effecting service of process. 
6.706  NEGOTIATION CONFERENCE [Rev. eff. 4/1/13] 
The county director shall be responsible for determining and authorizing in writing which Child Support Enforcement Unit employees may conduct negotiation conferences based upon the employee's classification and experience, and shall be responsible for assuring that only those employees with adequate skills, knowledge and training conduct negotiation conferences. Child Support Enforcement Unit employees authorized by their county director to conduct administrative process must also be certified by the State Division of Child Support Enforcement and comply with all State Division of Child Support Enforcement certification training and testing requirements before conducting administrative process.
6.706.1  STANDARD CONTINUANCES [Rev. eff. 4/1/13]
A.  Upon request of the noncustodial parent, the negotiation conference shall be continued once, not to exceed ten (10) calendar days from the originally scheduled date.
B.  If a continuance is requested by the noncustodial parent, the delegate Child Support Enforcement Unit shall issue a Notice of Continuance of Negotiation Conference to the noncustodial parent, the custodial party, or their attorneys of record and the other state if appropriate. The notice shall contain the rescheduled date and shall be provided by first class mail or hand delivery.
C.  If a continuance is requested by the noncustodial parent, the delegate Child Support Enforcement Unit shall data enter the type and reason for the continuance and the date for the rescheduled negotiation conference on the automated child support system. 
6.706.2  CONTINUANCES FOR GOOD CAUSE [Rev. eff. 4/1/13] 
A.  More than one continuance and for any number of days may be granted only for good cause as defined in Section 6.708.
B.  Continuances for good cause may be granted only by the county director or delegate Child Support Enforcement employee designated in writing by the county director.
C.  If a continuance for good cause is granted, the delegate Child Support Enforcement Unit shall issue a Notice of Continuance of Negotiation Conference to the noncustodial parent, the custodial party, or their attorney of record and the other state if appropriate. The notice shall contain the rescheduled date and will be provided by first class mail or hand delivery.
D.  If a continuance for good cause is granted, the delegate Child Support Enforcement Unit shall data enter the type and reason for the continuance and the date for the rescheduled negotiation conference on the automated child support system.
E.  A finding of good cause may be made for the following reasons: 
1.  The case involves a paternity determination and the noncustodial parent has stipulated to submit to genetic tests and the results are needed to proceed; or, 
2.  A valid contest of paternity is made and paternity has not been established pursuant to the laws of another state; or,
3.  Additional time is needed to verify income or other information necessary to calculate a child support order pursuant to the Colorado Child Support Guidelines, Section 14‑10‑115, C.R.S. as amended; or, 
4.  An allegation of fraud and referral for investigation; or, 
5.  The noncustodial parent or his/her attorney, is unable to appear at the negotiation conference due to a sudden severe illness, an accident, or other particular occurrence which, by its emergency nature and drastic effect, prevents the noncustodial parent or his/her attorney's appearance at the negotiation conference, the burden of proof to show cause of this type shall be upon the noncustodial parent; or, 
6.  No Child Support Enforcement Unit employee authorized to conduct negotiation conferences is able to attend the negotiation conference due to a sudden severe illness, an accident, or other particular occurrence which, by is emergency nature and drastic effect, prevents an authorized Child Support Enforcement Unit employee from attending the negotiation conference. 
6.707  CALCULATING THE MONTHLY CHILD SUPPORT OBLIGATION [Rev. eff. 4/1/13]
A.  In any order for financial responsibility, the delegate Child Support Enforcement 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 Enforcement 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 Enforcement 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 Enforcement 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 Enforcement 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 Enforcement Unit must verify that paternity has been established or acknowledged. If paternity is not an issue, the Child Support Enforcement 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.  In the absence of any reliable information concerning a parent's income, the monthly support obligation shall be computed based on the current minimum wage rate for the parent’s state of residence, which may be calculated for up to a forty hour work week. All steps taken to obtain financial information must be documented.
6.707.2  NEGOTIATE DEBT AMOUNT [Rev. eff. 4/1/13]
The delegate CSE 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 Enforcement Unit to document the agreed upon negotiation.
6.708  ISSUANCE OF ORDER OF FINANCIAL RESPONSIBILITY [Rev. eff. 4/1/13]
A.  If a stipulation is agreed upon at the negotiation conference, the delegate Child Support Enforcement Unit shall prepare and issue an Order of Financial Responsibility, as prescribed by the State Department.
B.  The order shall be signed by the noncustodial parent and by the county director or employee of the delegate Child Support Enforcement Unit designated in writing by the county director.
C.  The order shall specify that the noncustodial parent send all payments to the Family Support Registry.
D.  The order shall be prepared and signed at the conclusion of the negotiation conference. The order shall advise the noncustodial parent that the unpaid child support balance is entered as judgment.
E.  The original order and one copy shall be filed with the clerk of the district court in the county which issued the notice of financial responsibility or in the district court where an action relating to child support is pending or an order exists but is silent on the issue of child support within five (5) business days of the negotiation conference.
F.  The following documents shall be filed with the order: 
1.  Notice or amended Notice of Financial Responsibility;
2.  Return of Service or Waiver of Service: if service was by certified mail, the return receipt must be attached to the Return of Service;
3.  Guidelines worksheets;
4.  Income and Expense Affidavit for noncustodial parent and custodial party; 
5.  Subpoena to Produce; 
6.  Retroactive support affidavit, if the action is for support of the child(ren) prior to entry of the support order; and, 
7.  Adoption Assistance Agreement, if applicable. 
G.  Upon receipt of a copy of the order with a docket number assigned by the court, the delegate Child Support Enforcement Unit shall within five (5) working days:
1.  Update automated child support system with court order and initiate a ledger; and, 
2.  Send a copy of the order to the noncustodial parent, or his/her attorney of record, and to the custodial party of the child by first class mail.
3.  For intergovernmental cases, send a copy to the initiating agency.
7.708.1  NOTICE TO WITHHOLD INCOME [Rev. eff. 4/1/13]
If the obligor’s employer’s address is known, the delegate Child Support Enforcement Unit shall, unless the case meets one of the good cause criteria specified in Section 14-14-111.5(3)(a)(II)(A), C.R.S.: 
A.  Send a notice to withhold income for support within fifteen (15) calendar days of the date the order is entered; 
B.  Send a notice to withhold income for support to the obligor’s employer within two (2) business days from the report of the obligor’s employment through the state directory of new hires; 
C.  Send a National Medical Support Notice to initiate health insurance coverage within fifteen (15) calendar days of the date the order is entered or within two (2) business days from the report of the obligor’s employment through the state directory of new hires, if the obligor is the party ordered to provide health insurance and the employer has health insurance available at reasonable cost, as defined in Section 6.240.2, A, 2. 
6.709  ISSUANCE OF ORDER ESTABLISHING PATERNITY AND FINANCIAL RESPONSIBILITY [Rev. eff. 4/1/13]
A.  The delegate Child Support Enforcement Unit shall issue an order establishing paternity and financial responsibility after a negotiation conference if: 
1.  Neither the custodial party nor the noncustodial parent is contesting the issue of paternity, and
2.  A Father's Paternity Advisement and Admission and a Mother's Parentage Advisement and Admission, as prescribed by the State Department, is provided to and signed by the noncustodial parent and the mother. 
B.  The order shall be signed by the noncustodial parent and by the county director or the employee of the delegate Child Support Enforcement Unit designated in writing by the county director.
C.  The order shall be prepared and signed at the conclusion of the negotiation conference. The order shall advise the obligor that the unpaid child support balance is entered as judgment. 
6.709.1  CONTESTING PATERNITY [Rev. eff. 4/1/13]
A.  If the noncustodial parent asserts a valid objection that he or she is not the parent of the dependent child or contests paternity, the delegate Child Support Enforcement Unit shall issue an Order for Genetic Testing. The negotiation conference may be continued in accordance with the provision of Section 6.706.2. 
B.  A finding of good cause to reschedule genetic testing may be made for the following reasons: 
1.  The noncustodial parent is unable to appear at the appointed time or place for genetic testing due to a sudden severe illness, an accident, or other particular occurrence which, by its emergency nature and drastic effect, prevents the noncustodial parent's appearance at the time or place for genetic testing. The burden of proof to show good cause of this type shall be upon the noncustodial parent.
2.  Any other reason beyond the noncustodial parent's control (i.e., if the person authorized to collect the genetic testing sample is unable to appear or fails to appear at the time and place for genetic testing).
C.  Rescheduling of the time and place for genetic testing may be granted only by the county director or delegate Child Support Enforcement employee designated in writing by the county director.
D.  If rescheduling for good cause is granted, the delegate Child Support Enforcement Unit shall issue an Order for Genetic Testing to the noncustodial parent with the new date for the genetic testing which shall be served on the noncustodial parent by first class mail or by hand delivery.
E.  If the mother and child(ren) fail to appear for or submit to genetic testing, the case shall be set for hearing pursuant to Section 6.713. Upon receipt of the test results, if a stipulation is not reached, the case shall be set for hearing pursuant to Section 6.713.
6.709.2  REQUEST FOR COURT HEARING WHEN PATERNITY IS AT ISSUE [Rev. eff. 4/1/13]
If no stipulation is agreed upon at the negotiation conference because the noncustodial parent contests the issue of paternity, the delegate Child Support Enforcement Unit shall file the Notice of Financial Responsibility and proof of service with the clerk of the court, and shall request the court set a hearing in accordance with Section 6.713.
6.709.3  FILING THE ORDER [Rev. eff. 4/1/13]
The original order and one copy shall be filed with the clerk of the district court in the county which issued the notice of financial responsibility or in the district court where an action relating to child support is pending or an order exists but is silent on the issue of child support within five (5) working days of the negotiation conference.
A.  The following documents shall be filed with the order: 
1.  Notice or amended Notice of Financial Responsibility (Paternity Action);
2.  Return of Service or Waiver of Service: if service was by certified mail, the return receipt must be attached to the Return of Service. 
3.  Father's Paternity Advisement and Admission;
4.  Mother's Parentage Advisement and Admission;
5.  Guideline Worksheets;
6.  Income and Expense Affidavits;
7.  Subpoena to Produce; 
8.  Retroactive support affidavit, if the action is for support of the child(ren) prior to the entry of the order establishing paternity; and, 
9.  Adoption Assistance Agreement, if applicable. 
B.  Upon receipt of a copy of the order with a docket number assigned by the court, the delegate Child Support Enforcement Unit shall within five (5) working days:
1.  Update automated child support system with paternity, court order and initiate a ledger, and
2.  Send a copy of the order to the noncustodial parent, the custodial party, or his/her attorney, and the initiating agency, if appropriate, by first class mail. 
C.  If the obligor’s employer’s address is known, the delegate child support enforcement unit shall, unless the case meets one of the good cause criteria specified in Section 14-14-111.5(3)(a)(ii)(a), C.R.S.: 
1.  Send a notice to withhold income for support within fifteen (15) calendar days of the date the order is entered; 
2.  Send a notice to withhold income for support to the obligor’s employer within two (2) business days from the report of the obligor’s employment through the state directory of new hires. 
D.  Send a National Medical Support Notice to initiate health insurance coverage within fifteen (15) calendar days of the date the order is entered or within two (2) business days from the report of the obligor’s employment through the state directory of new hires, if the obligor is the party ordered to provide health insurance and the employer has health insurance available at reasonable cost, as defined in Section 6.240.2, A, 2. 
E.  The order shall specify that the noncustodial parent send all payments to the Family Support Registry.
6.710  ISSUANCE OF DEFAULT ORDER OF FINANCIAL RESPONSIBILITY [Rev. eff. 4/1/13] 
A.  After service pursuant to Section 6.705.3, if the noncustodial parent fails to appear for the negotiation conference as stated in the Notice or amended Notice of Financial Responsibility, and fails to reschedule the negotiation conference prior to the date and time stated in the Notice or amended Notice of Financial Responsibility, or fails to appear for a rescheduled negotiation conference, the delegate Child Support Enforcement Unit shall: 
1.  Within five (5) working days of the date of the negotiation conference; or, 
2.  Within fifteen (15) calendar days of the negotiation conference if the delegate Child Support Enforcement Unit has mailed the non-custodial parent a stipulated order and it has not been signed and returned by the non-custodial parent or a rescheduled negotiation conference has not been conducted within the fifteen (15) days. 
File an original Order of Default, as prescribed by the State Department, and one copy with the clerk of the district court in the county in which the Notice of Financial Responsibility was issued, or in the district court where an action relating to child support is pending or an order exists but is silent on the issue of child support.
B.  A Default Order of Financial Responsibility will not be issued when the noncustodial parent is incarcerated and fails to appear for the negotiation conference or the rescheduled negotiation conference. In these circumstances, the delegate Child Support Enforcement Unit's worker shall close the administrative process action for the reason that a hearing has been requested. The delegate Child Support Enforcement Unit's worker shall follow the process for requesting a court hearing pursuant to Section 6.713.
6.710.1  FILING THE ORDER OF DEFAULT [Rev. eff. 4/1/13] 
A.  The following documents shall be filed with the Order of Default: 
1.  Return of Service or Waiver of Service and, if service was by certified mail, the return receipt must be attached to the Return of Service. 
2.  Affidavit of Non-Appearance as prescribed by the State Department; and,
3.  Notice or amended Notice of Financial Responsibility; and, 
4.  Verified Statement of Obligee, as prescribed by the State Department, used to set the monthly support obligation, or other documentation supporting the guideline calculation of the monthly support obligation such as wage information obtained from the Department of Labor and Employment; and, 
5.  Affidavit and Certification of Official Record or Foster Care Arrearage/Unreimbursed Maintenance Payment Calculation as prescribed by the State Department, or documentation supporting the calculation of child support debt such as public assistance payment records, foster care payment records, or arrears calculation information, if appropriate; and, 
6.  Guidelines worksheets; and, 
7.  Subpoena to Produce; and, 
8.  Income and Expense Affidavit for each parent, if available; and, 
9.  Retroactive Support Affidavit, if any; and, 
10.  Adoption Assistance Agreement, if applicable. 
B.  The default order shall be signed by the county director or employee of the delegate Child Support Enforcement Unit designated in writing by the county director.
C.  The delegate Child Support Enforcement Unit shall not take any action to enforce the default order until a copy signed by the court approving the default order is received.
D.  If the obligor’s employer’s address is known, the delegate Child Support Enforcement Unit shall, unless the case meets one of the good cause criteria specified in Section 14-14-111.5(3)(a)(ii)(A), C.R.S.: 
1.  Send a Notice to Withhold Income for Support within fifteen (15) calendar days of the date the order is entered; 
2.  Send a Notice to Withhold Income for Support to the obligor’s employer within two (2) business days from the report of the obligor’s employment through the state directory of new hires; 
3.  Send a National Medical Support Notice to initiate health insurance coverage within fifteen (15) calendar days of the date the order is entered or within two (2) business days from the report of the obligor’s employment through the state directory of new hires, if the obligor is the party ordered to provide health insurance and the employer has health insurance available at reasonable cost, as defined in Section 6.240.2, A, 2. 
E.  The order shall specify that the noncustodial parent send all payments through the Family Support Registry.
F.  The effective date of the default order shall be the date signed by the court approving the default order. 
G.  If the default order is returned to the Child Support Enforcement Unit by the court as not approved, the delegate Child Support Enforcement Unit shall take appropriate action to cure the defect stated by the court as grounds for disapproval. 
6.710.2  RECEIPT OF THE ORDER OF DEFAULT [Rev. eff. 4/1/13] 
Upon receipt of a copy of the default order approved by the court, the delegate Child Support Enforcement Unit shall within five (5) working days:
A.  Update automated child support system with court order and initiate a ledger, and
B.  Send a copy of the order to the noncustodial parent, the custodial party, or his/her attorney, and to the initiating agency, if appropriate, by first class mail.
6.711  ISSUANCE OF DEFAULT ORDER ESTABLISHING PATERNITY AND FINANCIAL RESPONSIBILITY [Rev. eff. 4/1/13]
A.  A default order may be issued in cases where paternity is at issue if, after service pursuant to Section 6.705.2: 
1.  The alleged father fails to appear for the initial negotiation conference as scheduled in the Notice of Financial Responsibility and fails to reschedule a negotiation conference prior to the date and time stated in the Notice of Financial Responsibility or fails to appear for a rescheduled negotiation conference;
2.  The alleged father fails to take or appear for a genetic test and a finding of good cause as described in Section 6.709.1 has not been made; or,
3.  The genetic test results show a ninety-seven percent (97%) or greater probability that the alleged father is the father of the child(ren), and he fails to appear at the negotiation conference and fails to reschedule the negotiation conference.
B.  The delegate Child Support Enforcement Unit shall within five (5) working days of the date of the negotiation conference, or the date of the scheduled genetic test, or within fifteen (15) calendar days of the negotiation conference if the delegate Child Support Enforcement Unit has mailed the noncustodial parent a stipulated order and it has not been signed and returned by the noncustodial parent or a rescheduled negotiation conference has not been conducted within the fifteen (15) days, file an original Order of Default, as prescribed by the State Department, and one copy with the clerk of the District Court in the county in which the Notice or amended Notice of Financial Responsibility-Paternity Action was issued, or in the District Court where an action relating to paternity and child support is pending. 
C.  A Default Order Establishing Paternity and Financial Responsibility will not be issued when the noncustodial parent is incarcerated and fails to appear for the negotiation conference or the rescheduled negotiation conference. In these circumstances, the delegate Child Support Enforcement Unit's worker shall close the administrative process action for the reason that a hearing has been requested. The delegate Child Support Enforcement Unit's worker shall follow the process for requesting a court hearing pursuant to Section 6.713.
6.711.1  FILING THE ORDER OF DEFAULT [Rev. eff. 4/1/13] 
A.  The following documents shall be filed with the Order of Default: 
1.  Return of Service or Waiver of Service: if service was by certified mail, the return receipt must be attached to the Return of Service;
2.  Affidavit of Non-Appearance as prescribed by the State Department;
3.  Notice or amended Notice of Financial Responsibility (Paternity Action);
4.  Verified Affidavit of Obligee as prescribed by the State Department, regarding paternity and genetic tests, if any;
5.  Other documentation supporting the guideline calculation of the monthly support obligation such as wage information obtained from the Department of Labor and Employment;
6.  Affidavit and Certification of Official Record or foster care arrearage/unreimbursed maintenance payment calculation, as prescribed by the State Department, or documentation supporting the calculation of child support debt such as public assistance payment records, foster care payment records, or arrears calculation information, if appropriate;
7.  Guidelines worksheets;
8.  Subpoena to Produce; 
9.  Income and Expense Affidavit for each parent if available; 
10.  Retroactive Support Affidavit, if any; and, 
11.  Adoption Assistance Agreement, if applicable. 
B.  The default order shall be signed by the county director or employee of the delegate Child Support Enforcement Unit designated in writing by the county director.
C.  The delegate Child Support Enforcement Unit shall not take any action to enforce the default order until a copy signed by the court approving the default order is received.
D.  If the obligor’s employer’s address is known, the delegate Child Support Enforcement Unit shall, unless the case meets one of the good cause criteria specified in Section 14-14-111.5(3)(a)(ii)(A), C.R.S.: 
1.  Send a Notice to Withhold Income for Support within fifteen (15) calendar days of the date the order is entered; 
2.  Send a Notice to Withhold Income for Support to the obligor’s employer within two (2) business days from the report of the obligor’s employment through the state directory of new hires; 
3.  Send a National Medical Support Notice to initiate health insurance coverage within fifteen (15) calendar days of the date the order is entered or within two (2) business days from the report of the obligor’s employment through the state directory of new hires, if the obligor is the party ordered to provide health insurance and the employer has health insurance available at reasonable cost, as defined in Section 6.240.2, A, 2.
E.  The court shall specify that the noncustodial parent send all payments through the Family Support Registry. 
F.  The effective date of the default order shall be the date signed by the court approving the default order.
G.  If the default order is returned to the Child Support Enforcement Unit by the court as not approved, the delegate Child Support Enforcement Unit shall take appropriate action to cure the defect stated by the court as grounds for disapproval.
H.  Upon receipt of a copy of the default order approved by the court, the delegate Child Support Enforcement Unit shall within five (5) working days:
1.  Update automated child support system with court order, paternity information and initiate a ledger, and
2.  Send a copy of the order to the noncustodial parent or his attorney of record to the custodial party and the initiating agency, if appropriate, by first class mail.
6.712  ISSUANCE OF A TEMPORARY ORDER IF NO STIPULATION IS REACHED [Rev. eff. 4/1/13]
If no stipulation is agreed upon at the negotiation conference and paternity is not an issue, or if the obligor contests paternity and the genetic test results are ninety-seven percent (97%) or higher probability of paternity or parentage has previously been determined by another state, the delegate Child Support Enforcement Unit shall issue temporary orders establishing the monthly support obligation only. The Notice or amended Notice of Financial Responsibility and proof of service shall then be filed with the clerk of the court. The Child Support Enforcement Unit shall file a request for hearing in accordance with Section 6.713.
6.713  REQUEST FOR COURT HEARING [Rev. eff. 4/1/13]
A request for a court hearing is made when: 
A.  No stipulation is agreed upon at a negotiation conference and a temporary order is completed; or, 
B.  A case is referred to court without entry of an administrative order because a deviation is required in the case of adoption assistance services; or, 
C.  An order needs to be established but for other reasons cannot be established at the negotiation conference. 
In these instances, a hearing shall be held and appropriate permanent orders shall be entered without the necessity of a complaint being issued or served on the parties. The delegate Child Support Enforcement Unit shall request the court to set a hearing in the matter by: 
A.  Filing a Child Support Enforcement Unit Request for Court Hearing, as prescribed by the State Department, with the clerk of the district court in the county in which the Notice of Financial Responsibility was issued or in the district court where an action relating to child support is pending or an order exists but is silent on the issue of child support.
B.  Attaching to the Child Support Enforcement Unit Request for Court Hearing the following: 
1.  Notice of Hearing, as prescribed by the State Department;
2.  Notice of Financial Responsibility;
3.  Return of Service or Waiver of Service: if service was by certified mail, the return receipt must be attached to the Return of Service;
4.  Income and Expense Affidavits of each parent, if available;
5.  Temporary Order of Financial Responsibility;
6.  Adoption Assistance Agreement, if applicable.
D.  The delegate Child Support Enforcement Unit shall file a request for hearing within ninety (90) days of service of the Notice of Financial Responsibility or Notice of Financial Responsibility-Paternity Action on the noncustodial parent.
E.  The Notice of Hearing must be sent to the noncustodial parent or the noncustodial parent's attorney and the custodial party and other agency, if appropriate, by the delegate Child Support Enforcement Unit if delegated and authorized by the court in writing. 
F.  The delegate Child Support Enforcement Unit is responsible for notifying the court of the last day for a hearing to be held in order to decide the issue of child support within ninety days after receipt of notice, commencing on the date the service of the Notice or amended Notice of Financial Responsibility is accomplished. This is the date on the return receipt if service is by certified mail or the date on the return of service, if through personal services.
6.714  MODIFICATION OF ADMINISTRATIVE ORDERS [Rev. eff. 4/1/13]
Colorado administrative orders of financial responsibility and administrative default orders shall be modified by administrative process, if appropriate, by the delegate Child Support Enforcement Unit. 

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[Instructions: replace lines 2234252 through 2234255.] 
6.804.4  DISBURSEMENT FROM A NON-IV-E ALLOCATION [Rev. eff. 4/1/13]
Disbursement of collections from a non-IV-E allocation shall be as follows: 
A.  Disbursements to child welfare shall be paid within fifteen (15) business days of the end of the month in which the collection was received.
B.  If the collection was received from a federal income tax return, the collection must be forwarded to child welfare within thirty (30) calendar days of the Colorado initial date of receipt unless based on a joint tax return (see Section 6.804.6).

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[Instructions: replace lines 1783909 through 1783955.] 
6.902  ENFORCEMENT FUNCTIONS
6.902.1  [Rev. eff. 4/1/13]
The following functions are the responsibility of the Child Support Enforcement Unit with regard to the enforcement of child support obligations for all CSE 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 Enforcement Unit must take appropriate enforcement action. The Child Support Enforcement 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 can not 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 enforcement 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 timeframes. 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 Enforcement 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 Enforcement 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 Enforcement 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 Enforcement Unit shall cease enforcement of spousal maintenance.
6.902.14  Arrears Calculation  [Rev. eff. 4/1/13]
For all cases, the Child Support Enforcement 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.
6.902.15  National Medical Support Notice  [Rev. eff. 4/1/13]
The Child Support Enforcement 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 Enforcement 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 Enforcement, will generate a report which displays the orders that have been selected for credit reporting. The Child Support Enforcement 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 Enforcement, 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 Enforcement Units shall respond to requests from the Division of Child Support Enforcement 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 Enforcement Unit receives a request for information from a lender, credit reporting agency or obligor, it shall follow Section 6.210.14.
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 Enforcement 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 Enforcement, 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 Enforcement program.  All requests for credit reporting status letters shall be forwarded to the Colorado Department of Human Services, Division of Child Support Enforcement. 
6.902.175  Arrears or Payoff Requests [Rev. eff. 4/1/13] 
If the Colorado Department of Human Services, Division of Child Support Enforcement, requests arrears or payoff information as referenced in Section 6.902.174, the Child Support Enforcement Unit shall provide the information within two (2) working days, as required at Section 6.902.173. 

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[Instructions: replace lines 1783973 through 1783978.] 
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 Enforcement office error only, the county child support enforcement worker shall electronically notify the Colorado Department of Human Services, Division of Child Support Enforcement, 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 Enforcement, 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 Enforcement, 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 Enforcement, determines that the suspension was not erroneous, the county child support enforcement worker shall be electronically notified within two working days of the determination.
6.902.3  PAYMENT PLAN [Rev. eff. 4/1/13]

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[Instructions: replace lines 1783993 through 2286096.] 
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 Enforcement, is the single point of contact between Child Support Enforcement 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 enforcement 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 enforcement worker.
6.903  ENFORCEMENT ACTIVITIES
6.903.1 
The county department shall assure that the full range of enforcement activities are utilized, as applicable, for all CSE cases pursuant to CSE caseload categorization requirements as contained in these rules and consistent with cost-benefit caseload management.
6.903.11  Enforcement Remedies [Rev. eff. 4/1/13]
The following enforcement remedies shall be utilized as appropriate: 
A.  One of two processes of assignment from any type of income through a Notice to Withhold Income for Support: 
1.  Immediate income assignment - the process whereby the income assignment is ordered in the original or modified court or administrative order or where the original or modified support order was issued after a certain date and takes effect immediately without any further notice to the obligor;
2.  Other income assignment - the process whereby the order for income assignment is not part of the original order or the original order was issued before a certain date and the obligor is afforded due process through advance notification.
B.  Immediate health insurance premium withholding through a National Medical Support Notice (NMSN) - notice of health insurance premium withholding shall be included in the original or modified court or administrative order and take effect immediately without any further notice to the parties. The NMSN shall be issued in accordance with Section 6.240. 
C.  Judgment for arrearages - the process of filing with the court of record a verified entry of judgment or motion and order for judgment for the amount of arrearages owed by the noncustodial parent.
D.  Post Judgment remedies - the execution of legal remedies that are available in state law and procedure that are used to satisfy judgment. Such remedies include, but are not limited to: 
1.  Garnishment of earnings;
2.  Garnishment of assets;
3.  Liens upon real property;
4.  Liens upon personal property;
5.  Forced sale of real or personal property;
6.  Liens upon motor vehicles.
E.  Intercept Program Participation - the participation in state and federal intercept programs which includes: 
-  IRS income tax refunds,
-  State lottery winnings,
-  Unemployment Compensation Benefits,
-  State income tax refunds,
-  Gambling intercepts;
-  Federal administrative offset, and
-  State vendor offset.
F.  Billings and delinquency notices - the process of billing noncustodial parents or noticing delinquent noncustodial parents as a reminder of support obligations due and past due.
G.  Contempt Actions - the process of demonstrating to the court of record at a court hearing that the noncustodial parent has failed to comply with a court order and therefore should be held in contempt of court;
H.  Criminal Non-Support Actions - the process of demonstrating to the court of record at a court hearing that the noncustodial parent should be held criminally liable for the failure to support his/her family;
I.  Payment Guarantee Action - request to the court to order the obligor to post security, bond, or other form of guarantee to secure payment of the child support order;
J.  Contact with the noncustodial parent - the process of obtaining a support collection by contacting the noncustodial parent by telephone or in writing;
K.  Internal Revenue Service full collection service - levy by Internal Revenue Service against noncustodial parent's income or assets;
L.  Denial, Revocation, or Limitation of Passports - certifying to the United States Secretary of Health and Human Services the names of noncustodial parents that have failed to comply with a court order to pay child support and who owe the amount of federally mandated arrears for the purpose of denying, revoking, or limiting their passports;
M.  Fraudulent Transfers - a petition to the court to void transfers of property by an noncustodial parent to another party;
N.  Refer case for prosecution under the Federal Child Support Recovery Act;
O.  Administrative Lien and Attachment - form used to attach noncustodial parent's Department of Corrections inmate accounts. 

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[Instructions: replace lines 1901745 through 1901753.] 
6.906  SELECTION FOR FINANCIAL INSTITUTION DATA MATCH (FIDM) [Rev. eff. 4/1/13]
The Colorado Department of Human Services, Division of Child Support Enforcement, is the single point of contact between Child Support Enforcement and the financial institutions. 
Obligors shall be selected for Financial Institution Data Match on all of their court orders after they have been advised of their due process rights by the issuance of the annual pre-offset notice and the following selection criteria: 
A.  Arrears balance is $1,000.00 or greater; and,
B.  Full monthly support obligation is not paid each month. 
The Colorado Department of Human Services, Division of Child Support Enforcement, shall exclude partnership, custodial, and commercial accounts or accounts otherwise precluded by law. Pursuant to Section 26-13-128, C.R.S., and the "Uniform Transfers to Minors Act" and trust accounts of monies held in trust by a third party shall not be attached, encumbered or surrendered. 

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[Instructions: replace lines 1901758 through 1901759.] 
6.906.21  Temporary Suppression [Rev. eff. 4/1/13] 
The county Child Support Enforcement worker may, within the allotted seven (7) calendar days, suppress the accepted court order match on a temporary basis by updating the suppression code on the automated child support system. 

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