Home Page   Services   About Us   Testimonials   Contact Us  Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Colorado State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/County Operated A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? There are 54 local IV-D offices. 52 of the 64 counties in Colorado operate their own programs. 10 counties have cooperative agreements with other county CSE offices. Two counties contract with a private company to provide services. A3. With what types of agencies do you have cooperative agreements? All programs operate through the County Department of Social Services, many of which contract with private counsel. The El Paso and Teller County programs have obtained a purchase of services agreement with Policy Studies Inc. There are eight counties that have a limited purchase of service agreement to collect public assistance debt only cases. A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? Yes. A4.1. If yes, what is the statutory citation? 26-13-105 (2) Colorado Revised Statutes. For Additional Information - No Link Provided A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No. A4.3. If yes, please explain. N/A B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 4/20/93   B2. What is the effective date of your State's UIFSA? 1/1/95   B3. What is the statutory citation for your State's Act? C. 14-5-101 through 14-5-903 Colorado Revised statutes 1998. For Additional Information - No Link Provided B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? 2001 B4.1. If your state has implemented the 2001 version, when was it implemented? July 1, 2004 B5. Optional comments regarding your State's UIFSA. N/A C. Reciprocity C1. With what foreign countries does your State reciprocate? The following provinces in Canada: Alberta, British Columbia, New Brunswick, Ontario, Saskatchewan and the Yukon Territory, Australia, France, Germany, Ireland, Mexico, Norway, Poland, Sweden and the United Kingdom (England, Scotland, Wales and Northern Ireland). C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? No C1.2. If yes, please explain. N/A C2. Has your State established reciprocity with any Tribal courts? No C2.1. If yes, list the Tribes and identify services provided, if less than full services. N/A D. Age of Majority D1. What is the age of majority in your State? Unless a court finds that a child is otherwise emancipated, emancipation occurs at age 19. Emancipation may occur at any earlier age due to marriage or entry into active military. D2. What is the statutory citation for the age of majority? 14-10-115 (13), Colorado Revised Statutes (C.R.S.) for orders entered after July 1, 1997 and 14-10-115 (15), C.R.S for orders entered prior to July 1, 1997. For Additional Information - No Link Provided D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. Generally, for all orders, child support terminates automatically without the necessity of a Motion, when the "last or only" child of an order reaches age 19 or otherwise emancipates, unless one of three statutory exceptions exists. This is true in most cases, even if the order states a different age for the termination of child support, as explained in D4 below. Child Support will continue after the last or only child attains age 19 if (1) the child is physically or mentally disabled, or (2) the child is still enrolled in high school or an equivalency program (in which case child support continues until the month following graduation, but not beyond age 21) or (3) if the parties sign a written stipulation agreeing that child support continue beyond age 19. The stipulation must be signed after July 1, 1997 for orders entered after that date or after July 1, 1991 for orders entered prior to July 1, 1997. These rules apply to "flat orders." See D7 below for a discussion of "per child" orders. D4. Does the date of the order impact what law is applied? Yes   D4.1. If yes, please explain. On July 1, 1991, Colorado lowered the age of emancipation from 21 to 19. This is one of the reasons Colorado has two different statutory sections dealing with emancipation. Although both sections each provide for exceptions to the general rule of emancipation upon attaining the age of 19, the exception regarding written stipulations is different as noted above in D3. D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. Emancipation will also occur if a child marries or enters active military service. For further information, please contact Robert Kurtz, the emancipation subject matter expert at Robert.Kurtz@state.co.us or at 303-866-4459. D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If yes, please explain. Please see D3 above. D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? Yes D7.1. If yes, please describe the procedure. Only if the order is a "per child" order. Most orders in Colorado are "flat orders," meaning one child support amount is established for all the children as a group. For "flat orders," a party must file a request for a review or Motion to Modify to reduce a child obligation, unless the "last or only" child emancipates. See D3 above. If a court enters a "per child" order, the child support amount would be reduced pursuant to the order as each child emancipates. However, the same exceptions noted in D3 above would also apply. E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? No limitations. Although if the arrears are reduced to Judgment there is a 20 year statute of limitations on the Judgment. Any past due child support is considered a judgment by operation of law and the statute of limitations would apply. E2. What is your State's statute of limitations for paternity establishment? 18 years of age if action initiated by custodial parent; 21 years of age if action is initiated by child. For Additional Information - No Link Provided E3. Is dormancy revival/renewal possible? Yes   E3.1. Please explain the circumstances when possible, and the length of time possible. Judgments are renewable prior to the 20-year expiration. F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Income Shares Model. For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? Under Colorado Revised Statutes, interest may be calculated for child support arrearages. The following interest percentages can be calculated: prior to June 30, 1975, 6% simple interest; July 1, 1975, through June 30, 1979, 8% simple interest; July 1, 1979 through June 30, 1986, 8% compounded interest; an July 1, 1986, through the present 12 percent compounded interest. F2.1. If yes, please indicate the amount of interest charged and any related conditions. County CSE offices can choose whether or not to enforce interest. Under Colorado Revised Statutes, interest may be calculated for child support arrearages. The following interest percentages can be calculated: prior to June 30, 1975, 6% simple interest; July 1, 1975, through June 30, 1979, 8% simple interest; July 1, 1979 through June 30, 1986, 8% compounded interest; an July 1, 1986, through the present 12 percent compounded interest. F3. Does your State charge interest on retroactive support? Yes F3.1. If yes, please indicate the amount of interest charged and any related conditions. Same as F2.1. From date of order forward. A judgment is not required. See response to F2.1. F4. Does your State charge interest on adjudicated arrears? Yes F4.1. If yes, please indicate the amount of interest charged and any related conditions. See response to F2.1 For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? No   F5.1. If yes, under what circumstances? N/A F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? Yes F6.1. If yes, what costs are recovered from/fees charged to the obligee? Refund intercept fee of $25.(IRS offset only) An annual $25.00 fee, required by the Deficit Reduction Act of 2005 (DRA), is charged to all custodial parties who have never received public assistance under Title IV-A. The fee is withheld from the next payment once $500.00 has been disbursed to the family. F6.2. What costs are recovered from/fees charged to the obligor? Colorado will recover genetic testing costs upon the establishment of paternity from the obligor and service of process costs in some cases. F7. Does your State recover costs on behalf of the initiating State? Yes   F7.1. Optional comments regarding recovering of initiating State's fees. Yes, same costs listed in F6.2. Colorado will only recover genetic testing costs upon the establishment of paternity. F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. 14-5-201 Colorado Revised Statutes 1998. For Additional Information - No Link Provided F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes F9.1. If yes, under what circumstances? Only if we are also enforcing a child support order. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No F10.1. Optional comments regarding required information on spouse or partner. Credit can be given if a spouse is providing medical coverage for the child, so that information and the cost should be included, if applicable. F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? Colorado imposes the fee on the obligee and withholds it from future disbursements, once the $500 threshold has been reached. F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? Yes F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? We collect from the obligee, which is usually, but not always, the applicant. F11.3. Does your State collect the fee from the absent parent? No. F11.4. Does your State pay the fee out of its own funds? No. However, if the fee is waived by the county, the county will pay for the fee. F12. When will your State implement the required DRA limited-assignment provision? 10/01/2009. F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? No F13.1. If yes, provide the date. F14. Will your State participate in the pass through in Former Assistance cases? No F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? Yes F15.1. If yes, list the eligible assignments your State would discontinue. Pre-assistance arrears for assignment signed on or after 10/01/1997. F15.2. When will your State discontinue each type of assignment? 10/01/2009 F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? PRWORA F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income Assignment or Order to Withhold Income. G2. What specific source of income is not subject to withholding? All income types can be withheld. For Additional Information - No Link Provided G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? No G3.1. If yes, what are those limits? N/A G4. What is the allowable fee per pay period for processing income withholding payments? The employer, trustee or other payor of funds may extract a processing fee of up to five dollars per month from the remainder of the obligor's income after the deductions and withholding. For Additional Information - No Link Provided G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? An income assignment shall take effect no later than the first pay period that begins at least fourteen days after the mailing date on the notice of Income Assignment. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? The employer shall forward payment within seven business days after the date of each deduction. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? If an employer fails to abide by the terms in the Notice of Income Assignment, the employer may be held in contempt of court. G8. What is the penalty to an employer for failure to remit payments withheld? The employer may be held liable for an amount up to the accumulated amount the employer should have withheld from the obligor's income. G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? No G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. N/A G9.2. Optional comments regarding direct withholding of UI benefits across state lines. G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines. N/A G11. How does an obligor contest income withholding in your State? The obligor may attempt to negotiate an arrangement with the county case manager or attempt to seek relief from the court. However, the courts do not have jurisdiction over CSE enforcement remedies. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). 1. Current monthly child support and maintenance when included in the child support order for all income assignments is paid first. 2. A specific dollar amount applied toward medical support, if ordered by the court (not health insurance premiums) is paid second. 3. Child support debt, arrears, and retroactive support due, including medical support arrears are paid third. 4. Maintenance only is paid fourth. The available amount must be prorated across all orders. G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. Assistance is available, however, employers should also use the applicable statute: 14-14-111.5 (6)(b) Colorado Revised Statutes. For Additional Information - No Link Provided G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? Insurance premiums for the children of the order must be deducted along with the federally required deductions to calculate disposable income. G14. When does your state require the employer to send notice of an employee's termination? Promptly - No specific time frame is provided. For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? Indefinitely - No specific time frame is provided except that the income assignment states that the income assignment is continuing and remains in effect until further notice. G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No. G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? No. G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Yes - To any payer of funds other than unemployment compensation. For Additional Information - No Link Provided G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Health insurance premiums are deducted to calculate disposable income as answered in G13. Cash medical support prioritization is secondary to current support as answered in G12. For Additional Information - No Link Provided H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? No H1.1. If yes, please explain. N/A H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? A rebuttable presumption of paternity is created when the genetic tests results show that the probability is ninety-seven percent or higher. For Additional Information - No Link Provided H3. Optional comments regarding paternity acknowledgment conclusive legislation. A duly executed voluntary acknowledgment of paternity is considered a legal finding of paternity. H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 07/01/1997   H4.1. Were acknowledgments prior to that effective date rebuttable? Yes H4.2. Optional comments regarding paternity acknowledgments prior to that date. N/A H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? Marriage creates a presumption that may be rebutted in an appropriate action only by clear and convincing evidence. H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No   H6.1. If no, briefly explain. The father's name on the birth certificate creates a presumption that may be rebutted in an appropriate action only by clear and convincing evidence. For Additional Information - No Link Provided H7. Does your State have any other paternity-related presumptions? Yes   H7.1. If yes, briefly explain. (A) He and the child's natural mother are or have been married to each other and the child is born during the marriage, born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity of marriage, dissolution of marriage, or divorce, or after a decree of legal separation is entered by a court; (B) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or could be declared invalid. For Additional Information - No Link Provided H8. Does your State have a putative fathers' registry? No  H8.1. If yes, what is the name of that entity? N/A H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. For a detailed list, please contact Vital Records at 303-692-2230. There are no circumstances under which these fees may be waived. H10. Is common law marriage recognized in your State? Yes   H10.1. If yes, briefly describe the standard that defines common law marriage. The man and woman are free to enter into a marriage contract, if neither is married to another person and both parties are of legal age (18). The man and woman hold themselves out to the public as married: such as sharing a joint checking account, filing joint income tax returns or putting both names on property titles as husband and wife. For Additional Information - No Link Provided H10.2. When did your current common law standard go into effect? H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? N/A H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Persons may testify or be deposed by telephone, audiovisual means or other electronic means. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. 14-5-201 Colorado Revised Statutes 1998. For Additional Information - No Link Provided H13. Does your State recover genetic testing costs for other States? Yes   H13.1. If so, please explain. Colorado will attempt to obtain an order for genetic testing costs. H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Yes. Voluntary Acknowledgement of Paternity form or court order establishing paternity. H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? 07/01/1997   H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? One set of documents. I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? Both I1.1. If your State can establish under both, under what circumstances would the administrative process be used? At all times except for circumstances listed under I1.2. I1.2. Under what circumstances would the judicial process be used? A) Colorado court order exists which establishes a monthly child support obligation, or an order exists in Colorado which could be modified to establish a monthly child support obligation, or B) The county director or designate IV-A staff has made a finding of good cause exemption from referral to the Child Support Enforcement Unit, or C) The case requires paternity establishment and the case involves a presumed father and one or more alleged father(s) or the case involves multiple alleged fathers, or D) One or both of the parents is under age 18, or E) A non-custodial party requests a court hearing prior to the scheduled Administrative Negotiation Conference, or F) The parties cannot agree to certain issues at the Administrative Process Negotiation Conference. I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. 26-13.5-101 through 26-13.5-113 Colorado Revised Statutes 1998. For Additional Information - No Link Provided I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) The financial resources of the custodial parent and in rare cases, of the child. For Additional Information - No Link Provided I3. What criteria for rebutting your presumptive guidelines have been established in your State? The courts may deviate from the guideline where its application would be inequitable, unjust or inappropriate. Any such deviation shall be accompanied by written or oral finding by the court specifying the reasons for the deviation. For Additional Information - No Link Provided I4. Will your State establish support orders for prior periods? Yes I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? County Policy will determine the administrative establishment of support for a prior period. A party may always file a motion with the court in the same action to seek retroactive support. Restrictions on retroactive support: an order for support or a prior period may not be entered (1) for those months the custodial party received public assistance or (2) for those months the custodial party did not have custody of the child(ren), or (3) for those months the custodial party and the non-custodial party lived together. In cases where a divorce or legal separation action has been filed, a party can receive retroactive support from the date of the parties' physical separation, the filing of the petition, or upon service to the obligor, whichever date is the latest. I4.2. What information or documentation does your State require to proceed? Documentation of any relevant facts set forth in I4.1 above and an Affidavit of retroactive support. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? Yes I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. None other than those stated in I4.1 above. I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? Establish child support (with paternity if necessary), including current support, retroactive support, child support debt (recovery of public assistance) and foster care fees/costs. All enforcement remedies except contempt are administrative. For Additional Information - No Link Provided I6. What is your State's statutory authority for the administrative process? 26-13.5-101 through 26-13.5-113 Colorado Revised Statutes 1998. For Additional Information - No Link Provided I7. Is there a local State law that allows an interstate administrative subpoena? No For Additional Information - No Link Provided I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? No I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? No I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? It might be either establishment or modification, depending upon the reason for the reservation. J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? J1.1. Are your State income tax refund procedures judicial, administrative, or both? Administrative. J2. Is the lien process in your State judicial, administrative or both? Both J2.1. What are the trigger criteria for filing a lien? The existence of an arrears balance. For Additional Information - No Link Provided J2.2. Where are your State liens filed? Real Estate-County Clerk and Recorder Personal Property - Secretary of State's Office - Motor Vehicle-County Clerk and Recorder (except in Denver County Motor Vehicle liens are filed with Department of Motor Vehicles). J2.3. Does your State charge a fee for filing a lien? Yes J2.4. If yes, please indicate the amount. Yes, sometimes. Colorado CSE is exempt from fees for filing on real property and personal property. Colorado CSE is charged $10.00 per page for Motor Vehicle Liens. J.3. Does your State enforce property seizure and sale? Yes J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Judicial. J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative. J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? NCP receives notice of FIDM enforcement remedy in the yearly tax offset notice. J4.2. Does your State's income withholding definition includes amounts in financial institutions? No For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If yes, who notifies the NCP, the State or financial institution? A copy of the lien is sent to the obligor, along with a notice advising of any appeal rights and advising of the reasons for which an exemption/exception may be requested. A joint account appeal is sent to all joint account holders advising them of their appeal rights. The state provides notice to the NCP; the financial institution may also provide notice. J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? The NCP's copy of the lien and the accompanying appeal rights and exception/exemption notice are sent to the NCP seven days after the lien is sent to the financial institution. J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? At least $1,000 in arrears and failure to pay the monthly payment due in full in either the previous or prior accounting periods. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? See J5.1 For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? See J5.1 J5.3. 1. If yes, please provide the time frame. See J5.1 J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? Yes   J5.4.1. If yes, please provide the percentage. The Consumer Credit Protection Act (CCPA) withholding limits cannot be exceeded (if the assets are deposited income) and joint account balances will be prorated between the account holders based on ownership of the deposit. J5.4.2. Is the percentage different for joint accounts? Yes J5.4.3. If yes, please define. See J5.4.1 J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. Yes -$25.00 J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? The Financial Institution. J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? They have twenty days from the date of the notice to request and prove a joint account appeal or to request and prove an exception/exemption. For Additional Information - No Link Provided J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? They have thirty days from the date of joint account appeal finding or from the exception/exemption finding to appeal that decision only to the court. J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? See J5.13 For Additional Information - No Link Provided J5.10. Is your State's complaint review process judicial, administrative or both? Administrative J5.11. What are your State's penalties for incorrect seizures? None J5.12. Is the second challenge administrative, judicial or both? Judicial J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? See J5.7 - Appeals are only based on joint account status , and exceptions are based on the obligor proving a terminal illness, and exceptions are based on source of account funds (child support, SSI, Survivor's Benefits), type of account (trust, custodial, commercial) or mistaken identity. As answered in J5.7, time frame is twenty days from the date of the notice. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Centralized and automated. County CSE offices have some input as to whether or not a lien is issued. J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? No J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No   J5.16.1. If yes, what is the amount? N/A J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? No J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. N/A For Additional Information - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period?. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? Yes. The financial institution is instructed to hold the asset for thirty days from the date of the lien (or longer if there is an ongoing appeal). For Additional Information - No Link Provided J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? The financial institution is advised to remit funds on the 31st day (31 days from the date on the financial institution Notice of Lien and Levy). A follow-up report is generated for liens with no payments after 60 days. For Additional Information - No Link Provided J6. Does your State withhold State funds or benefits? Yes   J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? Administrative withholding of workers' compensation benefits and unemployment benefits. J7. Please describe any other administrative enforcement procedures your State may have. License suspension (recreational, professional, driver's), credit reporting, IRS and State tax offset, gambling winnings intercept, unclaimed property intercept, lottery intercept and vendor offset. J8. Please describe any other judicial enforcement procedures your State may have. Contempt of court, Criminal Non-Support, Rule 69 Procedure (Judicial hearing held to solicit testimony regarding employment/assets), Posting Bonds or Surety, Writs, Garnishments. J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? See J2.2 For Additional Information - No Link Provided J10. Which of our State's enforcement remedies are available without registration? Income Assignment; All administrative remedies. J11. Describe your State's registration and enforcement procedures. A notice of registration of the order is sent to the non-registering party advising that a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice. Failure to contest within this time period will result in confirmation of the order by operation of law. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. None - Enforcement is identical to instate case enforcement. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. 13-53-101 through 13-53-108 Colorado Revised Statutes 1998. For Additional Information - No Link Provided J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? No J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). Must file UIFSA. A Notice of Lien and Levy will be issued when the case meets our FIDM criteria. J15. Does your State use credit bureau reporting as an enforcement method? J15. Does your State use credit bureau reporting as an enforcement method? Yes J16. Provide which credit bureaus your State report an obligor's child support information? J16. Provide which credit bureaus your State report an obligor's child support information? Trans Union, Experian and Equifax J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative J17. Is the method for credit bureau reporting judicial, administrative or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Both-The two states can mutually agree as to which state will report information to the credit bureaus. J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? $500 arrears and greater than 60 days past due. K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? By request of the custodial party, non-custodial party or the CSE office. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? By request of the custodial party, non-custodial parent or CSE office, and automatically in TANF cases every three years. K3. Briefly describe your State's modification procedure. Review notices and income and expense affidavits are forwarded to the parties and financial information is gathered. A guideline calculation will be completed on the 30th day following the notice. If the results of the guideline calculation meet the criteria listed in response below (K4), a change may be indicated, and a post review notice sent out. The parties have 15 days to challenge the results of the review. The parties have a right to request a judicial determination of the findings. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? There must be at least a 10% change from the existing child support order amount, and/or a medical support provision needs to be added or changed. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? The need to add or change medical support provisions. K6. Does your State have cost of living adjustments (COLAs)? No K6.1. If so, what index does your State use? N/A K7. How does your State credit SSA disability to current and past due support? There is no credit against past due support. SSDI resulting from the NCP's disability that he/she has assigned to the CP for the benefit of the child(ren) can be credited against the NCP's current child support obligation amount, but only through a modification of the support order. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. Yes   K8.1. If yes, please explain the situation? Support might be abated or reduced through the review/modification process. Support is abated only upon a court order. K8.2. What is the statutory citation for your abatement law? For Additional Information - No Link Provided K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. Pay records can be obtained from the Family Support Registry (FSR) at 1-800-374-6558 or by requesting access to the Colorado CSE website at www.childsupport.state.co.us. Court orders should be requested from the clerk of the county court and TANF certifications from the county TANF office. K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. All records related to the birth certificate and paternity acknowledgement must be requested from Vital Records at www.cdphe.state.co.uc/certs. K9. What information is required to register an out-of-State order for enforcement/modification? The UIFSA packet must include a Transmittal #1, certified copy of the order, and a notarized registration statement. A month-by-month calculation of arrears is also highly recommended and might be required by some courts. If a modification is being requested, a Uniform Support Petition and General Testimony are also required and documentation of the requesting party's income and expenses is highly recommended. L. Lump Sum Payments L1. Does your State define a lump sum payment? Yes       L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? Bonuses, commissions, severance pay. L1.2 Provide the statutory citation. 14-14-111.5(4)(k5),Colorado Revised Statutes For Additional Information - No Link Provided L2. Does your State law require employers to report lump sum payments? Yes     L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. 14-14-111.5,(4)(k.5) Colorado Revised Statutes. For Additional Information - No Link Provided L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? Yes L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? None L4. How are employers instructed to report a pending lump sum? Contact the county worker that issued the order/notice to withhold income for support or the state office if the county is unknown. L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. Two business days L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? Same as for regular withholding (see G6). L7. Does your State use the income withholding order to attach the lump sum payment? Yes   L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? It is noted on the original order. L8. Does your State use the lien/levy process to attach the lump sum payment? No L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? N/A L9. What other documents does your State use to attach lump sum payments? Writ of Garnishment L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? Yes   L10.1 If yes, what are those limits? The income withholding limits outlined in 13-54-104, Colorado Revised Statutes match the federal limits (50% - 65%) but to simplify the process, the policy of Colorado CSE is to request just 50% of the lump sum, up to the arrears balance owed. For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold? N/A L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? Yes   L11.1 If yes, would the employer only withhold for that period's obligation? No - If the monthly obligation has not already been met by withholding from regular pay, the employer would withhold the monthly obligation from the lump sum, along with any additional funds up to the arrears balance, not to exceed 50% of the total lump sum. M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? Yes  M2.1. If yes, provide the statutory citation Colorado has the authority to issue a lien on insurance proceeds under our Lien by Operation of Law statute as required in PRWORA. Colorado Revised Statutes 14-10-122(1.5)(a). For Additional Information - No Link Provided M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. N/A M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. Yes M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? We match directly with our State Division of Worker's Compensation (WC) and on a limited basis with the new OCSE Insurance match. M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. No M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). N/A M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). Administrative Lien and Attachment (WC). Colorado is in the process of developing a form for other Lien and Attachments. M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. No For Additional Information - No Link Provided M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? N/A M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? Open, enforcing case and application for WC Benefits. Colorado is in the process of defining criteria for other insurance match programs. For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? Yes M3.1. Please provide the statutory citation. 50% of Lump Sums or Settlements or wage reimbursement. For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). Yes. M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? Daily match against persons who have applied for WC Benefits. M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. At the time the NCP applies for WC, they are notified that benefits may be attached if they owe child support. A copy of the attachment is sent to the NCP. For Additional Information - No Link Provided M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation N/A For Additional Information - No Link Provided M6. Are there attorney fees associated with the insurance intercept activity? Yes M7. How does another State initiate and intercept collections from your State Workers Compensation agency? 26-13-122 Colorado Revised Statutes M7.1. What is the process, the points of contact, and what forms must be completed? Yes Dedicated To Enforcing Your Support Order.
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