Tracking #2007-00xxx
Adopted emergency 9/7/07, eff. 10/1/07

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[I:/07060101.doc]

(9 CCR 2504-1)

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Revisions to Sections 6.002, 6.101.2, 6.201.2, 6.261.3, 6.805, 6.805.2, and 6.903.11 were adopted as emergency at the 9/7/2007 State Board meeting, with an effective date of 10/1/2007 (Rule-making#07-6-1-1). 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. 

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6.002  DEFINITIONS [Rev. eff. 10/1/07
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“Service fee" – the annual fee charged to a custodial party who has never received cash public assistance. 

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6.101.2  DUTIES OF THE STATE DEPARTMENT [Rev. eff. 10/1/07]
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W.  Collect the required $25 service fee from custodial parties who have never received cash public assistance once the $500 disbursement threshold has been reached.

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6.201.2  NON-PUBLIC ASSISTANCE (NPA) CASES [Rev. eff. 10/1/07]
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10.  Effective October 1, 2007, non-PA custodial parties shall be charged an annual $25 service fee once $500 has been disbursed to the family.
The service fee will be reported to the federal government as program income, and will be shared between the federal and county governments. 
The service fee will be collected for each case set in all intrastate and initiating interstate cases on the ACSES if the $500 disbursement threshold is reached. 

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6.261.3  CASES SUBJECT TO REVIEW AND ADJUSTMENT [Rev. eff. 10/1/07]
A.  Either party in cases with an active order may request a review of the order. 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.
B.  The delegate Child Support Enforcement Unit may initiate a review of a current child support order upon its own request.
C.  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.
D.  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.
E.  For interstate actions, within fifteen (15) working days of receipt of a written request for review, the enforcing county Child Support Enforcement worker must determine the appropriate state to conduct the review. If it is determined that another state will conduct the review: 
1.  The Child Support Enforcement worker shall generate the following forms and send them to the requester within five working days of the determination:
a.  The last two pages of the Interstate Income and Expense Affidavit, and
b.  A request for documentation of the requester's earnings.
2.  The forms generated from the Automated Child Support Enforcement System document generation will automatically be documented in chronology.
3.  The requester shall return the documentation to the enforcing county within twenty calendar days.
4.  If the requester fails to return the requested documentation within twenty calendar days, the process stops.
5.  Within twenty calendar days of receipt of the information from the requester, the Child Support Enforcement worker shall send it to the other state who is to conduct the review.
F.  In interstate cases, if the worker determines that Colorado has authority to conduct the review and modify the child support order, the worker will immediately make the assessment as to whether or not the request for review will be granted or denied pursuant to the standards set forth in paragraph F G, below.
G.  For in-state cases, the child support enforcement worker shall assess each written request for review received within 15 working days of receipt by the delegate county Child Support Enforcement Unit. 
1.  If it has been 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 reached the legal age of emancipation;
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;
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.  If it has been fewer than 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 with supporting documentation or otherwise demonstrated a substantial change in circumstances as set forth in 26-13-121, C.R.S.;
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 reached the legal age of emancipation;
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;
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.
H.  If a request for review of a child support order is denied pursuant to paragraph F G, the worker shall inform the requesting party in writing within five working 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 working days pursuant to Section 6.261.4.
I.  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.

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6.805  CHILD SUPPORT COLLECTIONS PROCESSING [Rev. eff. 10/1/07]
A.  Support collections shall be allocated, distributed, and disbursed within federally required time frames, based upon the Colorado Date of Receipt.
B.  Disbursement
1.  In responding interstate cases, for which collections are made on behalf of another state, the payment must be forwarded to the location specified by the initiating state child support enforcement agency. Collections must be forwarded to the initiating state within two business days of the date the payment is received by the Family Support Registry and within thirty (30) calendar days of the date the payment is received from tax offset collections.
In transmitting collections, the responding state must provide the initiating state with sufficient information to identify the case, the initial date of receipt, whether the collection was made through state tax refund offset, and the responding state's FIPS code.
2.  For instate cases and for initiated interstate cases in which another state is making collections for Colorado, the initial date of receipt, for disbursement purposes, is the Colorado initial date of receipt.
a.  In IV-E Foster Care cases, the Child Support Enforcement agency must transfer collections to the IV-E unit within 15 business days of the month following the month of the Colorado initial date of receipt.
b.  In former assistance cases and non-IV-A cases, the Child Support Enforcement agency must forward collections to the family within two business days from the Colorado initial date of receipt.
c.  If any moneys are owed for the non-PA service fee, those moneys will be held from any disbursement being sent to the custodial party, whether from the current monthly support obligation or from an arrears or judgment disbursement.
d.  Federal income tax refund offset for payment on arrears: 
1)  IV-A collections paid to the family as excess over unreimbursed public assistance must be sent to the family within thirty (30) calendar days of the Colorado initial date of receipt. If collections are based on a joint refund, the county Child Support Enforcement Unit may delay disbursement to the family until:
a)  the Child Support Enforcement Unit is notified that the unobligated spouse’s proper share of the refund has been paid; or,
b)  for a period not to exceed six months from notification of offset, whichever date is earlier.
2)  IV-E collections must be transferred to the IV-E agency or to the family as appropriate, within thirty (30) calendar days of the Colorado initial date of receipt.
3)  Non-IV-A collections must be sent to the family within 30 calendar days of the Colorado initial date of receipt. If any moneys are owed for the non-PA service fee, those moneys will be held from any disbursement being sent to the custodial party, whether from the current monthly support obligation or from an arrears or judgment disbursement. If the collections are based on a joint refund, the county Child Support Enforcement Unit may delay disbursement to the family until: 
a)  the Child Support Enforcement Unit is notified that the unobligated spouse's proper share of the refund has been paid;  or,
b)  for a period not to exceed six months from notification of offset, whichever date is earlier.

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6.805.2  DISTRIBUTION OF SUPPORT COLLECTIONS [Rev. eff. 10/1/07]

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C.  Non-IV-A Cases
1.  Amounts applied to the non-IV-A monthly support obligation or arrears or judgment balance shall first be distributed to any non-PA service fee still owed by the custodial party, whether or not such fee has already been reported to the federal government. 
2.  Amounts applied to the non IV-A monthly support obligation are combined with amounts applied to non IV-A arrearages/judgment and shall be paid to the family no later than two business days from the Colorado initial date of receipt.
3.  Amounts that represent payment on the required support obligation for future months shall be applied to those future months and shall be paid to the family no later than two business days from the Colorado initial date of receipt.
4.  Intercept collections shall be paid to the family no later than 30 calendar days from the Colorado initial date of receipt. If a non-PA service fee is still due from the custodial parent, the intercept collection will be distributed to that fee first.
5.  When an offset is being made to satisfy non IV-A past due support from a refund based on a joint tax return, the county may delay disbursement until notified that the unobligated spouse's proper share of the refund has been paid or for a period not to exceed six months from notification of offset, whichever is earlier.
6.  Non IV-A applicants shall be charged a $25 certification fee only if an actual tax intercept occurs.  The certification fee shall be deducted yearly from the first Internal Revenue Service intercept that occurs, regardless of the number of noncustodial parents.  If the total yearly amount of all tax refunds for a case is less than $25, that amount will satisfy the certification fee.

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6.903.11  Enforcement Remedies [Rev. eff. 10/1/07]
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 and takes effect immediately without any further notice to the noncustodial parent;
2.  Other income assignment - the process whereby the order for income assignment is not part of the original order and the noncustodial parent is afforded due process through advance notification.
B.  Immediate health insurance premium withholding - the process of health insurance premium withholding being included in the original or modified court order or administrative order and taking effect immediately. The National Medical Support Notice (NMSN) must be sent to the obligor's employer. 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. Upon receipt of the notice, the obligor has ten (10) calendar days from the date of mailing to object to the Child Support Enforcement Unit, if: 
1.  The obligor believes that there is a mistake in identity and he/she is not the obligor or there is no court order for the obligor to provide health insurance. Upon receipt of a written objection, the CSE Unit will have ten (10) calendar days from the date of mailing to determine if the objection is valid. If valid, the CSE Unit must send a notice of termination to the obligor's employer with a copy to the obligor.
2.  When an obligor is in receipt of the medical notice, s/he shall have an opportunity to request a review, at any time, as to the reasonableness of the health insurance premium.
3.  Upon receipt of a written request to review, the Child Support Enforcement Unit shall recalculate the premium amount to determine if the premium amount meets the reasonable cost criteria defined at Section 6.230.16.

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