9 Colo. Code Regs. § 2504-1-6.903
Current through Register Vol. 48, No. 1, January 10, 2025
Section 9 CCR 2504-1-6.903 - ENFORCEMENT ACTIVITIES6.903.1The county department shall assure that the full range of enforcement activities are utilized, as applicable, for all CSS cases pursuant to CSS caseload categorization requirements as contained in these rules and consistent with cost-benefit caseload management.
6.903.11Enforcement Remedies [Rev. eff. 4/1/13]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 or where the original or modified support order was issued after a certain date and takes effect immediately without any further notice to the obligor;2. Other income assignment - the process whereby the order for income assignment is not part of the original order or the original order was issued before a certain date and the obligor is afforded due process through advance notification.B. Immediate health insurance premium withholding through a National Medical Support Notice (NMSN) - notice of health insurance premium withholding shall be included in the original or modified court or administrative order and take effect immediately without any further notice to the parties. The NMSN shall be issued in accordance with Section 6.240.C. Judgment for arrearages - the process of filing with the court of record a verified entry of judgment or motion and order for judgment for the amount of arrearages owed by the noncustodial parent. All Verified Entries of Judgement must be provided to all parties in a case.D. Post Judgment remedies - the execution of legal remedies that are available in state law and procedure that are used to satisfy judgment. Such remedies include, but are not limited to: 1. Garnishment of earnings;2. Garnishment of assets;3. Liens upon real property;4. Liens upon personal property;5. Forced sale of real or personal property;6. Liens upon motor vehicles.E. Intercept Program Participation - the participation in state and federal intercept programs which includes: - IRS income tax refunds,
- State lottery winnings,
- Unemployment Compensation Benefits,
- State income tax refunds,
- Gambling intercepts;
- Federal administrative offset, and
- State vendor offset.
F. Billings and delinquency notices - the process of billing noncustodial parents or noticing delinquent noncustodial parents as a reminder of support obligations due and past due.G. Contempt Actions - the process of demonstrating to the court of record at a court hearing that the noncustodial parent has failed to comply with a court order and therefore should be held in contempt of court;H. Criminal Non-Support Actions - the process of demonstrating to the court of record at a court hearing that the noncustodial parent should be held criminally liable for the failure to support his/her family;I. Payment Guarantee Action - request to the court to order the obligor to post security, bond, or other form of guarantee to secure payment of the child support order;J. Contact with the noncustodial parent - the process of obtaining a support collection by contacting the noncustodial parent by telephone or in writing;K. Internal Revenue Service full collection service - levy by Internal Revenue Service against noncustodial parent's income or assets;L. Denial, Revocation, or Limitation of Passports - certifying to the United States Secretary of Health and Human Services the names of noncustodial parents that have failed to comply with a court order to pay child support and who owe the amount of federally mandated arrears for the purpose of denying, revoking, or limiting their passports;M. Fraudulent Transfers - a petition to the court to void transfers of property by an noncustodial parent to another party;N. Refer case for prosecution under the Federal Child Support Recovery Act;O. Administrative Lien and Attachment - form used to attach noncustodial parent's Department of Corrections inmate accounts.6.903.2PRIORITY OF OBLIGATION ENFORCEMENT6.903.21The county Child Support Services Units shall utilize enforcement activities based upon the type of obligation and the results to be achieved. The order of effectiveness of obligation enforcement is as follows:
A. Enforcement activities that will result in regular collections to satisfy the monthly support obligation for public assistance and non-public assistance cases.B. Enforcement activities that will result in the collection of arrearages insofar as such enforcement does not interrupt the regular payment of the monthly support obligation by affecting the noncustodial parent's wages.C. Enforcement activities that will result in the collection of court-ordered costs due to the county department.6.903.31Civil Contempt ActionsThe county Child Support Services Unit may file civil contempt actions with the local court. The CSS Unit must:
A. Screen the case for information regarding the noncustodial parent's ability to pay or otherwise comply with the order;B. Provide the court with such information regarding the noncustodial parent's ability to pay or otherwise comply with the order, which may assist the court in making a factual determination regarding the noncustodial parent's ability to pay the purge amount or comply with purge conditions; andC. Provide clear notice to the noncustodial parent that his or her ability to pay constitutes the critical question in the civil contempt action.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