Tracking #2006-01239

I:/06102001.rtf
[I:/06102001.doc]

(9 CCR 2504-1)

[Instructions:  insert before line 1041194.]
Revisions to Section 6.902.3 (formerly 6.902.24) were adopted following publication at the 1/5/2007 State Board meeting, with an effective date of 3/1/2007 (Rule-making #06-10-20-1).  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 Performance Improvement, Boards and Commissions Division, State Board Administration.

[Instructions:  replace lines 1042750 through 1042761.]
6.902.3  Payment Plan [Rev. eff. 3/1/07]
The payment plan displays the monthly payment due.  The monthly payment due consists of the monthly support obligation and Monthly Amount Due (MAD) on the arrears.
The total monthly payment due shall not exceed the maximum amount of disposable income that is eligible to be withheld pursuant to Section 13-54-104(3)(b)(I & II), C.R.S. 
A.  If the obligor has a court ordered MAD on the arrears balance, the county child support worker must enter this amount and the correct code on the court ordered screen in the Automated Child Support Enforcement System (ACSES). The code and amount must be removed when the court ordered MAD is no longer valid.
B.  If the obligor has a MAD set by the county child support worker, the following must be done when an obligor contacts the county to request a reduction of the MAD:
1.  The county child support worker shall inform the obligor that documentation of their current income must be provided to adjust the MAD. The obligor must provide one of the following types of documentation:
a.  Pay check stubs for the last three months;
b.  Business bank statements for the last year;
c.  Federal/State tax return for the last three years;
d.  Documentation of disability; or,
e.  Letter from parole/probation officer of current financial circumstances.
2.  The county child support worker shall enter the monthly gross income amount for the obligor, as determined by the documentation provided, into the income data screens on the ACSES.
3.  If the obligor has more than one child support enforcement case, all counties must honor the income data entered on the income data screens by changing the MAD for their case to between the ACSES calculated fair share MAD and the minimum MAD.
4.  Income documentation from the obligor shall be required in order for the county child support worker to update the income data screens. The income data can only be changed upon receipt of updated income documentation as outlined above in Number 1.
5.  Income documentation shall be retained in the county case file. 
6.  When the pay plan amounts change, the county child support worker shall issue an amended order/notice to withhold income for support to reflect the new pay plan amount.