9 Colo. Code Regs. § 2504-1-6.708

Current through Register Vol. 48, No. 1, January 10, 2025

Section 9 CCR 2504-1-6.708 - 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 Services Unit shall prepare and issue an Order of Financial Responsibility, as prescribed by the State Department.

B. The order shall be signed by the APA-Respondent and the APA Petitioner, if appropriate and by the county director or employee of the delegate Child Support Services 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. Imputing Potential Income Checklist and affidavit, if any;

6. Subpoena to Produce;

7. Retroactive support affidavit, if the action is for support of the child(ren) prior to entry of the support order; and,

8. 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 Services 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.

6.708.1NOTICE TO WITHHOLD INCOME [Rev. eff. 4/1/13]

If the obligor's employer's address is known, the delegate Child Support Services 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.

9 CCR 2504-1-6.708

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 21, November 10, 2017, effective 12/1/2017

42 CR 11, June 10, 2019, effective 6/30/2019

43 CR 17, September 10, 2020, effective 9/30/2020

43 CR 21, November 10, 2020, effective 12/1/2020

44 CR 23, December 10, 2021, effective 1/1/2022

45 CR 01, January 10, 2022, effective 3/1/2022

46 CR 11, June 10, 2023, effective 7/1/2023