9 Colo. Code Regs. § 2504-1-6.707
Current through Register Vol. 48, No. 1, January 10, 2025
Section 9 CCR 2504-1-6.707 - CALCULATING THE MONTHLY CHILD SUPPORT OBLIGATION [Rev. eff. 4/1/13]A. In any order for financial responsibility, the delegate Child Support Services 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 Services 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 Services 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.6.707.1DETERMINING INCOME [Rev. eff. 4/1/13]A. The delegate Child Support Services 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: 2. Wage information obtained from the Department of Labor and Employment; 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 Services 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 Services Unit must verify that paternity has been established or acknowledged. If paternity is not an issue, the Child Support Services 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, or2. Obtain a waiver from the noncustodial parent or attorney of record to obtain a full credit report.C. If the Child Support Services Unit determines that a parent is voluntarily unemployed or underemployed or in the absence of reliable information, the Child Support Services Unit shall then determine, and document for the record, the parent's potential income. In determining potential income, the Child Support Services Unit shall consider the specific circumstances of the parent to the extent known, including consideration of the following when said information is available: the parent's assets, residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work, as well as the local job market, the availability of employers willing to hire the parent, prevailing earnings level in the local community, and other relevant background factors in the case. All steps taken to obtain financial information must be documented.6.707.2NEGOTIATE DEBT AMOUNT [Rev. eff. 4/1/13]The delegate CSS 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 Services Unit to document the agreed upon negotiation.39 CR 23, December 10, 2016, effective 1/1/201740 CR 21, November 10, 2017, effective 12/1/201742 CR 11, June 10, 2019, effective 6/30/201943 CR 17, September 10, 2020, effective 9/30/202043 CR 21, November 10, 2020, effective 12/1/202044 CR 23, December 10, 2021, effective 1/1/202245 CR 01, January 10, 2022, effective 3/1/202246 CR 11, June 10, 2023, effective 7/1/2023