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Code of Colorado Regulations eDocket
Details of Tracking Number
2016-00429
CCR details
| Tracking Number |
2016-00429 |
| Type of Filing |
Permanent Rule |
| Department |
500,1008,2500 Department of Human Services |
| Agency |
2504 Child Support Services (Volume 6) |
| CCR Number |
9 CCR 2504-1 |
| CCR Title |
RULE MANUAL VOLUME 6, CHILD SUPPORT ENFORCEMENT RULES |
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Proposed rule
| Notice Filed with SOS |
08/31/2016 |
| Rule |
ProposedRuleAttach2016-00429.doc |
| Additional Information |
AddInfoAttach2016-00429.doc |
| Statutory Authority |
"26-1-107, C.R.S. (2015) ; 26-1-109, C.R.S. (2015); 26-1-111, C.R.S. (2015)
26-13-122.7, C.R.S; 14-10-115, C.R.S; 26-13-121.5, C.R.S;
42 U.S.C. 666; 45 CFR 303.31" |
| Description of Subjects/Issues |
HB 16-1165 changed the threshold income requirement under which parents are required to provide medical insurance for their children subject to a child support order and authorizes the Div of Child Support Services to administratively attach proceeds from insurance settlements due to obligors that owe past-due child support.
Pursuant to 45 CFR 303.31, and 14-10-115, C.R.S., parents are obligated to provide medical support for the children that are subject to a child support order. An exception is made where the cost of the child’s share of the medical insurance premium is not reasonable, now defined as 5% or more of the parent’s gross income. The rule that included the 20% provision now needs to be changed to 5% in order to comply with the legislation.
New rules to implement the administrative attachment of insurance claim payments, awards, and settlements through the Child Support Lien Network or a similar program. An obligor will qualify for the administrative enforcement remedy when there is an arrears balance of $500.00 or more, totaled across all of the obligor’s orders. Any fees assessed will be recovered from the monies collected. A notice will be generated to the obligor when a case is matched with the remedy, and that notice will include information as to the administrative review process. An obligor will have 30 days from issuance of the notice to request an administrative review of the case. |
| Purpose/Objective of Rule |
"To implement HB 16-1165 that changed the threshold income requirement under which parents are required to provide medical insurance for their children subject to a child support order. The legislation also authorizes the Division of Child Support Services (DCSS) to administratively attach proceeds from insurance settlements due to obligors that owe past-due child support.
Pursuant to 45 CFR 303.31, and 14-10-115, C.R.S., parents are obligated to provide medical support for the children that are subject to a child support order. An exception to this requirement is made where the cost of the child’s share of the medical insurance premium is not reasonable, which is now defined as five percent (5%) or more of the parent’s gross income. This is a change from the 20% of a parent’s gross income threshold that was previously used to define reasonable cost. Therefore, the rule that included the 20% provision now needs to be changed to 5% in order to comply with the legislation.
A new section of rules is being created to implement the administrative attachment of insurance claim payments, awards, and settlements through the Child Support Lien Network (CSLN) or a similar program. An obligor will qualify for the administrative enforcement remedy when there is an arrears balance of $500.00 or more, totaled across all of the obligor’s orders. Any fees assessed will be recovered from the monies collected. A notice will be generated to the obligor when a case is matched with the remedy, and that notice will include information as to the administrative review process. An obligor will have 30 days from issuance of the notice to request an administrative review of the case.
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| Basis And Purpose |
BasisAndPurposeAttachment2016-00429.pdf
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| Regulatory analysis |
RegulatoryAnalysisAttachment2016-00429.pdf
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| Comments |
16-6-1-1 |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Hearing Date |
10/07/2016 |
| Hearing Time |
10:00 AM |
| Hearing Location |
South Branch Library, Hopeful and Discovery Meeting Rooms, 103 S. Harris Street, Breckenridge, CO 80424 |
| Contact Name |
Tracy Rumans |
| Contact Title |
Rule Author |
| Contact Telephone |
303-866-3428 |
| Contact email |
tracy.rumans@state.co.us |
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Adopted rule
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