Tracking #2008-00298
FA/P 5/2/08, eff. 7/1/08

I:/08021901.rtf
[I:/08021901.doc]

(9 CCR 2504-1)

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Revisions to Sections 6.001.1-6.001.22, 6.002, 6.201.2-6.201.3, 6.201.6, 6.261.1-6.261.5, 6.261.7-6.261.9, 6.700.31-6.700.32, 6.709.4, 6.710.14, 6.803.1-6.803.12, 6.803.14-6.803.21, and 6.903.11 were final adoption following publication at the 5/2/2008 State Board meeting, with an effective date of 7/1/2008 (Rule-making# 08-2-19-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Boards and Commissions Division, State Board Administration.

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6.001.1  PURPOSE [Rev. eff. 7/1/08]
The Colorado Child Support Enforcement (CSE) Program is established to collect support, to reimburse, in part or whole, Title IV-A grants paid to families, help remove IV-A recipients from the IV-A program by assuring continuing support payments, and assist persons who do not receive IV-A or IV E foster care to remain financially independent. Such purpose is achieved by: locating absent parents, establishing the paternity of children born out of wedlock, establishing child support obligations and health insurance, reviewing the order for a possible adjustment, and enforcing and collecting support. Although this program must be closely coordinated with the IV-A, Medicaid, Low-Income Child Care Assistance, and foster care programs, it is a separate and distinct program with defined functions, which must be performed by a distinct administrative unit.
This manual sets forth the policies and rules by which the Colorado Child Support Enforcement (CSE) program must be administered and describes the coordination that must take place with the IV-A and foster care programs. IV-A and IV E foster care cases in these rules are also referred to as public assistance (PA) cases. Cases that do not contain IV-A or IV E recipients and cases receiving continued services are referred to as non public assistance (Non PA; NPA) cases. Non-IV-E foster care, Medicaid, and Low-Income Child Care Assistance cases are also included in NPA cases. The policies and rules for the IV-A, Medicaid, Low-Income Child Care Assistance, and foster care programs are set forth in the respective staff manuals. 
6.002  DEFINITIONS [Rev. eff. 7/1/08]

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“Automated Child Support Enforcement System (ACSES)” – the statewide computer program used by Child Support Enforcement for daily operations. 
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“Continued Services Cases” - non public assistance Child Support Enforcement cases in which the Child Support Enforcement Unit continues to provide services after IV-A financial or IV-E foster care eligibility ceases unless notified by the obligee that continued services are not desired.
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“Non-IV-E Foster Care” - classified by the State CSE Division on the automated child support system as a Non-PA case; however, they are treated like public assistance cases because they originate within Child Welfare Services and, pursuant to statute, contain an automatic assignment. These cases are also known as Title XX Foster Care. An application for CSE services is required on these cases if they are referred to the CSE Unit at the discretion of the director of the county department.
“Non-Public Assistance (Non-PA) Case” - a IV D case in which the family currently does not receive public assistance. Non-PA cases include Medicaid referral cases. 
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“Public Assistance (PA) Case” - a IV-A or IV E foster care case. Cases that only receive public assistance through state or county diversion assistance are not referrals. Recipients of diversion assistance may receive cash or vendor payments in a one-time payment or ongoing payments for less than ninety (90) calendar days. If the duration of the assistance is greater than ninety (90) calendar days, a referral is made to the Child Support Enforcement Unit. Parties receiving public assistance in cases that are not referred to the Child Support Enforcement Unit may apply for Child Support Enforcement Services as a non-public assistance applicant.
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6.201.2  NON-PUBLIC ASSISTANCE (NPA) CASES [Rev. eff. 7/1/08]
A.  Continued Services Cases
1.  The Child Support Enforcement Unit shall provide to the person whose IV-A grant or IV-E foster care eligibility is discontinued, continued CSE services, without a formal application or fee unless the CSE agency is notified to the contrary by the person whose IV-A grant or IV-E foster care eligibility is discontinued.
2.  Form SMR-3, Notice to Recipient, will be generated and mailed to the recipient when they are discontinued from IV-A. The form will be sent to the recipient ten (10) days prior to the effective date of the discontinuation.
3.  Form SS-4, Notice of Social Service Action, will be completed by the county services worker and mailed to recipients when a person(s) is discontinued from IV-E foster care. The form will be sent to the recipient five (5) days prior to the effective date of the discontinuation.
The Notice to Recipient (SMR-3) and the Notice of Social Service Action (SS-4) shall:
a.  Notify the person whose IV-A grant or IV-E foster care has been discontinued, that the CSE Unit shall continue to provide CSE services unless the CSE Unit is notified by the former IV-A or IV-E foster care recipient to the contrary;
b.  Specify the CSE services that are available;
c.  Inform the person that the quality of information provided will affect the category of the case;
d.  Specify the name of the person whose IV-A grant and/or IV-E foster care has been discontinued; and,
e.  Specify the household number;
f.  Specify the unique case identifiers;
g.  Require the signature of the person discontinued who wishes to terminate CSE services;
h.  Specify the CSE unit will collect overdue support to repay past IV-A or IV-E foster care maintenance.
i.  Contain any other information deemed appropriate by the State Department.
4.  The county Low-Income Child Care Assistance unit must provide written notice to the person whose IV-A grant or IV-E foster care eligibility is discontinued, if continued cooperation with the CSE Unit will be required due to the receipt of Low-Income Child Care Assistance within five days of referral from any of these referenced programs. The county Low-Income Child Care Assistance Program must also notify the county Child Support Enforcement Unit within the same time frame.
B.  Application Cases
1.  Persons who do not receive public assistance or continued CSE services may apply for full CSE services by completing CSE-6, Application for Child Support Enforcement Services, as prescribed by the state department.  Applications for child support services shall be readily accessible to the public.  If the county department has elected to required Low-Income Child Care Assistance recipients to cooperate with the CSE Unit, the recipients must complete the State prescribed application for Child Support Enforcement services.
2.  Upon application, the services established for IV-A recipients to locate, establish paternity of a child (or children), establish court orders for child support, review and modify orders for child support, and secure support from noncustodial and/or alleged parents shall also be made available on behalf of children who are or were deprived of parental support due to the absence of a parent or parents, but, for other reasons, are not recipients of IV-A, including those children who are receiving foster care services from funds other than Title IV-E of the Social Security Act.
3.  The application on behalf of the child for child support enforcement services may be made by either of the child's parents (custodial or non-custodial), an alleged father, legal guardian, or other person or agency.
4.  When the applicant is not a parent of the child, a CSE-6 application for child support services must be obtained for each noncustodial parent.
5.  Requests for Application
a.  When an individual requests an application or CSE services in person, the CSE Unit shall provide an application on the day requested.
b.  When an individual requests an application by phone or in writing, the application shall be sent by the county CSE Unit within no more than five (5) business days from the date of request. 
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6.201.3  IV-E FOSTER CARE CASES [Rev. eff. 7/1/08]
A.  Appropriately referred foster care cases pursuant to Section 7.605.8 of the CDHS Social Services rule manual (12 CCR 2509-7) shall be provided the full range of services as required by the Child Support Enforcement program upon referral without an application requirement. Referral is defined as receipt of the referral packet from the county child welfare agency. 
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6.201.6  MEDICAID REFERRAL CASES [Eff. 7/1/08]
Appropriately referred Medicaid cases shall be provided the full range of services required by the Child Support Enforcement (CSE) program without an application requirement. “Appropriately referred” means that the Medicaid applicant requested CSE services. 

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6.261.1  FEDERAL AUTHORITY [Rev. eff. 7/1/08]
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law No. 104-193, 110 Stat. 2105; the Family Support Act of 1998, Public Law No. 100-495, Section 126, 102 Stat. 2343; and the Federal Deficit Act of 2005, Public Law No. 109-171, 120 Stat. 4, require states to have a process for review and adjustment. No amendments or later editions are incorporated in these federal references. A copy is available for inspection at the Colorado Department of Human Services, Division of Child Support Enforcement, 1575 Sherman Street, Denver, Colorado 80203, or the State publications library. 
6.261.2  NOTICE OF RIGHT TO REQUEST REVIEW [Rev. eff. 7/1/08]
Both parties or their attorney(s) of record, if any, subject to an order must be notified of their right to request a review.
A.  The obligee shall receive notification of his/her right to request a review on the Social Services Single Purpose Application (SSSPA), the Child Support Enforcement application for services, and/or on the Administrative Process Orders or Judicial Order forms for cases having a support order established or modified by the Child Support Enforcement Unit. At least every thirty-six months, the obligee or his/her attorney of record shall receive notification of his/her right to request a review via the right to request notice which is automatically generated when a residence or mailing address exists on the obligee's personal record and the order date or the notice date is thirty-six months or older. The obligee (county department) in foster care cases has received a one-time notice of their right to request a review for all foster care cases.
B.  The obligor or his/her attorney of record shall receive notification of his/her right to request a review via the right to request notice which is automatically generated when a residence or mailing address exists on the obligor's personal record and the order date or the notice date is thirty-six months or older, whichever is later. The right to request notice generated by the Automated Child Support Enforcement System document generation will automatically be documented in chronology. The obligor or his/her attorney of record shall also receive notification on the administrative process orders or judicial order forms for cases having a support order established or modified by the Child Support Enforcement Unit.
C.  The enforcing county delegate Child Support Enforcement Unit must respond to the Automated Child Support Enforcement System's calendar review message indicating the automatic generation of the right to request review notice of each party or his/her attorney of record. The calendar review alerts the worker when a child(ren) has reached the age of emancipation. Within five (5) business days of receiving the calendar review message and the generation of the right to request review notices, the worker must read the active order and determine if the child(ren) included in the order is emancipated pursuant to Section 14-10-115, Colorado Revised Statutes. If the child(ren) is emancipated and is not the last or only child on the order, the worker shall mail a right to request review notice to each party or his/her attorney of record.
6.261.3  CASES SUBJECT TO REVIEW AND ADJUSTMENT [Rev. eff. 7/1/08]
A.  Either party in cases with an active order may request a review of the order. The request shall include the financial information from the requesting party necessary to conduct a calculation pursuant to the Colorado Child Support guidelines. The requesting party shall provide his or her financial information on the form required by the Division of Child Support Enforcement. 
If the requestor fails to provide the necessary financial information with their request, the review process shall not be initiated. 
B.  The delegate Child Support Enforcement Unit may initiate a review of a current child support order upon its own request. 
C.  In cases containing an active assignment of rights, the Child Support Enforcement Unit shall review the order at least once every thirty six (36) months to determine if an adjustment of the order is appropriate. 
In the case of an automatic review with an active assignment of rights, both parties are considered non-requestors and have twenty days from the date of the review notice to provide the necessary financial information. 
D.  Only the enforcing county delegate Child Support Enforcement Unit shall assess a request for review of a child support order and deny it or grant it and initiate a review.   Eff  11/30/2007
E.  If the current county receives the written request for review, the request must be forwarded to the enforcing county within five calendar days of receipt of the request.   Eff  11/30/2007
F.  For interstate actions, within fifteen (15) business days of receipt of a written request for review, the enforcing county Child Support Enforcement worker must determine the appropriate state to conduct the review. If it is determined that another state will conduct the review: 
1.  The Child Support Enforcement worker shall generate the last two pages of the Interstate Income and Expense Affidavit and send them to the requester within five (5) business days of the determination: 
2.  The forms generated from the automated child support system document generation will automatically be documented in chronology. 
3.  The requester shall return the last two pages of the Income and Expense Affidavit to the enforcing county within twenty (20) calendar days. 
4.  If the requester fails to return the requested documentation within twenty (20) calendar days, the process stops. 
5.  Within twenty (20) calendar days of receipt of the information from the requester, the Child Support Enforcement worker shall send it to the other state who is to conduct the review. 
G.  In interstate cases, if the worker determines that Colorado has authority to conduct the review and modify the child support order, the worker will immediately make the assessment as to whether or not the request for review will be granted or denied pursuant to the standards set forth in paragraph H, below. 
H.  For in-state cases, the child support enforcement worker shall assess each written request for review received within fifteen (15) business days of receipt by the delegate county Child Support Enforcement Unit.
1.  If it has been thirty-six (36) months or more since the last review or adjustment of the support order, the child support enforcement worker shall begin the review process following the procedures set forth in Section 6.261.4, unless: 
a.  It is a request for review of a spousal maintenance order;   Eff  11/30/2007
b.  It is a request for the emancipation of a child who has not emancipated in accordance with Section 14-10-115, C.R.S.; 
c.  There is a pending administrative process action or court action for modification;   Eff  11/30/2007
d.  It is a request for a change in the allocation of parental responsibility or parenting time;   Eff  11/30/2007
e.  The IV-D case is closed; if so, the requester will be advised in writing that s/he may apply for services;   Eff  11/30/2007
f.  The delegate county Child Support Enforcement Unit is enforcing only arrearages;   Eff  11/30/2007
g.  The last or only child is within one year of the legal age of emancipation and the modification process may not be able to be completed before the child reaches the legal age of emancipation; the requesting party will be informed of the right to request a modification through court.   Eff  11/30/2007
2.  If it has been fewer than 36 months since the last review or adjustment of the support order, the child support enforcement worker shall begin the review process following the procedures set forth in Section 6.261.4, unless:   Eff  11/30/2007
a.  The requester has not provided a reason for such review or the reason for review arises from the circumstances of the requesting party and the requesting party fails to provide supporting documentation or otherwise fails to demonstrate that there has been a substantial and continuing change in circumstances as set forth in Section 14-10-122, C.R.S., with their request; 
b.  It is a request for review of a spousal maintenance order;   Eff  11/30/2007
c.  It is a request for the emancipation of a child who has not emancipated in accordance with Section 14-10-115, C.R.S.; 
d.  It is a request for a change in the allocation of parental responsibility or parenting time;   Eff  11/30/2007
e.  There is a pending administrative process action or court action for modification;   Eff  11/30/2007
f.  The IV-D case is closed, if so the requester will be advised in writing that s/he may apply for services;   Eff  11/30/2007
g.  The delegate county Child Support Enforcement Unit is enforcing only arrearages;   Eff  11/30/2007
h.  The last or only child is within one year of the legal age of emancipation and the modification process may not be able to be completed before the child reaches the legal age of emancipation; the requesting party will be informed of the right to request a modification through court.   Eff  11/30/2007
I.  If a request for review of a child support order is denied pursuant to paragraph H, the worker shall inform the requesting party in writing within five (5) business days. The worker shall also document the date of the request and the reason for the denial in the Automated Child Support Enforcement System. If the request is granted the worker shall initiate the review process within five (5) business days pursuant to Section 6.261.4. 
J.  If a county delegate Child Support Enforcement Unit who is enforcing a current monthly support obligation receives a request for review of a child support order, which does not contain medical support provisions or which contains a request to change the party ordered to provide medical support, the request shall be granted and the review conducted regardless of the date of the last review or adjustment.   Eff  11/30/2007
6.261.4  CONDUCTING THE REVIEW [Rev. eff. 7/1/08]
A.  The Child Support Enforcement worker shall send the following documents to the requesting party or his/her attorney of record, except in foster care cases where the requesting party is the county department, at least thirty (30) calendar days prior to commencement of the review:
1.  The Review Notice, and
2.  At county option, the county may choose to send the Administrative Subpoena to obtain additional income/financial information.
3.  The forms generated from the automated child support system document generation will automatically be documented in chronology.
B.  The Child Support Enforcement worker shall send the following documents to the non-requesting party or his/her attorney of record, except in foster care cases where the non-requesting party is the county department, thirty (30) calendar days prior to commencement of the review: 
1.  The Review Notice,
2.  The Income and Expense Affidavit, and
3.  The Affidavit Concerning the Other Party.
4.  The forms generated from the automated child support system document generation will automatically be documented in chronology.
C.  The Child Support Enforcement worker shall conduct the review on or before the thirtieth calendar day following the date the Review Notice is sent to the parties using income information from each party's Income and Expense Affidavit and/or the Department of Labor and Employment records and/or other reliable financial/wage information. The review may be conducted in person at the Child Support Enforcement office, via United States mail, or via an electronic communication method.
D.  The delegate Child Support Enforcement Unit may grant a continuance of the review for good cause. The continuance shall be for a reasonable period of time and shall not exceed thirty (30) calendar days. 
E.  When conducting the review, the Child Support Enforcement worker shall apply the child support guidelines to determine any inconsistencies between the existing child support award amount and the amount resulting from application of the child support guidelines.
F.  If the non-requesting party or his/her attorney of record fails to provide financial or wage information, the Child Support Enforcement worker shall use income information which is available to the Child Support Enforcement Unit through Colorado Department of Labor and Employment records and/or other verified sources such as the State Parent Locator Service, the Expanded Federal Parent Locator Service, and the State Employment Security Administration.
G.  If income information is not available for the obligor, the Child Support Enforcement worker shall: 
1.  File a Motion to Compel with the court requesting the court to order the obligor to provide the information, or
2.  Impute income based on the current minimum wage, which may be calculated for up to a forty hour work week.
H.  If reliable income information is not available for a non-public assistance obligee, the Child Support Enforcement worker shall: 
1.  Terminate the review using the appropriate termination criteria at Section 6.261.5, and,
2.  Close the IV-D case pursuant to Section 6.260.52, B, because the non-public assistance obligee has failed to cooperate and cooperation is essential for the next step in providing support enforcement services.
I.  If reliable income information is not available for a public assistance obligee, the Child Support Enforcement worker shall send a Notice of Non-Cooperation, CSE-7 to the IV-A worker, or
J.  Impute the current minimum wage, which may be calculated for up to a forty hour work week, if all the children, subject to the order are thirty (30) months of age or older.
K.  In conducting the review of the order, the Child Support Enforcement worker shall examine the existing order for inclusion of medical support.
6.261.5  TERMINATION OF REVIEW [Rev. eff. 7/1/08]
A.  After a review has been opened, it may be terminated if the case meets at least one of the following termination criteria: 
1.  Financial/wage information for either party is unavailable through the Colorado Department of Labor and Employment, State Parent Locator Service, Expanded Federal Parent Locator Service, or State Employment Security Administration, or the requester has failed to return his/her Income and Expense Affidavit.
2.  The applicant has requested in writing closure of the IV-D case. The other parent will be advised that s/he can apply for Child Support Enforcement services if s/he still desires the order to be reviewed.
3.  The obligee's location is unknown and location is required to continue the review.
4.  The obligor's location is unknown and location is required to continue the review.
5.  The initiating state requests closure of the IV-D case prior to the review or adjustment.
6.  The non-public assistance obligee has failed to cooperate and cooperation is essential for the next step in providing child support enforcement services.
7.  The case meets at least one of the case closure criteria, as defined in Section 6.260.5.
8.  All parties now reside in Colorado. A review of the responding interstate action is not appropriate.
9.  All parties now reside in Colorado. A review of the initiating interstate action is not appropriate.
B.  If a non-public assistance obligee requests termination of the review, s/he must also request closure of the IV-D case in accordance with the applicable case closure criteria as defined in Section 6.260.51, C.
6.261.6  (Reserved for Future Use)
6.261.7  REVIEW RESULTS, NO ADJUSTMENT REQUIRED [Rev. eff. 7/1/08]
Judicial and Administrative Process Orders: After completion of the review, the child support enforcement worker may determine that there is no adjustment required in the ordered child support amount because the guideline calculation does not indicate at least a ten percent change in the ordered child support amount and/or the provision for medical support is already a part of the order.
Within five (5) business days of completing the review, the Child Support Enforcement worker shall provide to each party, including the foster care agency and other child support agencies or his/her attorney of record: 
A.  The Post Review Notice.
B.  The Guideline Calculation Worksheets.
C.  The forms generated by the automated child support system document generation will automatically be documented in chronology.
6.261.8  REVIEW RESULTS, ADJUSTMENT REQUIRED [Rev. eff. 7/1/08]
A.  Judicial Orders: After completion of the review, the Child Support Enforcement worker may determine an adjustment in the ordered child support amount or a medical support provision is needed because the guideline calculation indicates at least a ten percent change in the ordered child support amount and/or a change in or addition of medical support is needed.
1.  Within five (5) business days of completing the review and determining that an adjustment is required, the Child Support Enforcement worker shall provide to the obligor and obligee or his/her attorney of record: 
a.  The Post Review notice,
b.  The guideline calculation worksheets,
c.  All supporting financial documentation used to calculate the monthly support obligation, and 
d.  The proposed order.
2.  Either party may file a challenge to the review results based on the post review notice or the proposed order: 
a.  The challenge must be received no later than the fifteenth day following the post review notice date.
b.  The challenge must be in writing. 
c.  The challenge must be based on alleged mathematical or factual error in the calculation of the monthly support obligation. 
d.  The delegate Child Support Enforcement Unit may grant an extension of up to fifteen (15) calendar days to challenge the review results based upon a showing of good cause. 
e.  The delegate Child Support Enforcement Unit shall have fifteen (15) calendar days from the date of receipt of the challenge to respond to the challenge.
f.  If a challenge results in a change in the monthly support obligation, the delegate Child Support Enforcement Unit shall provide an amended notice of review and a new proposed order to the parties. 
g.  Both parties are then given fifteen (15) calendar days from the date of the amended notice of review to challenge the results of any subsequent review. 
3.  Within five (5) business days of determining that a review indicates that a change to the monthly support obligation is appropriate, and the review is not challenged or all challenges have been addressed, the delegate Child Support Enforcement Unit shall file with the court: 
a.  A motion to modify, and 
b.  The proposed order. 
4.  Upon receipt of the order from the court, the Child Support Enforcement worker shall send copies to the parties or their attorneys of record. The Child Support Enforcement worker shall document the Automated Child Support Enforcement System chronology with this activity.
5.  Within five (5) business days of determining that a challenge cannot be resolved, the CSE worker shall file with the court: 
a.  A motion to modify; 
b.  The proposed order; 
c.  The guideline calculation worksheets; and, 
d.  Income and expense affidavits of the parties.
6.  Within eighteen (18) days of determining that a challenge cannot be resolved, the CSE worker shall check for the court’s signature on the order; if the court has not signed the order, set a hearing pursuant to local court rules. 
7.  After a hearing has been set, the CSE worker shall send copies of the notice of hearing to the parties or their attorneys of record and document the automated child support system’s chronology with this activity.
8.  If the obligor has an employer or other income, within fifteen (15) calendar days of the date the modified support order is entered, the delegate Child Support Enforcement 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., send a Notice to Withhold Income for Support to the obligor’s employer, trustee, or other payor of funds and update the Automated Child Support Enforcement System. A copy of the Notice to Withhold Income for Support shall be filed with the court, if required by the court. If the obligor is the party ordered to provide health insurance and the employer has health insurance available at reasonable cost, within fifteen (15) calendar days of the date the order containing medical support is entered or within two (2) business days from the report of the obligor's employment through the State directory of new hires, the delegate CSE Unit shall send the National Medical Support Notice to initiate health insurance coverage and update the automated child support system.
B.  Administrative Process Orders: After completion of the review the Child Support Enforcement worker may determine an adjustment in the ordered child support amount or a medical support provision is required, because the guideline calculation indicates at least a ten percent change in the ordered child support amount and/or medical support needs to be changed.
1.  Within five business days of completing the review and determining that an adjustment is required, the Child Support Enforcement worker shall provide to the obligor and obligee or his/her attorney of record:
a.  The Administrative Process Notice of Financial Responsibility for Modification form, which schedules a negotiation conference fifteen (15) days from the review date,
b.  The Guideline Calculation Worksheets, 
c.  All supporting financial documentation used to calculate the monthly support obligation; and,
d.  The Administrative Process Modified Order of Financial Responsibility.
2.  Either party may file a challenge to the review results based on the Administrative Process Notice of Financial Responsibility for Modification or the Administrative Process Modified Order of Financial Responsibility: 
a.  The challenge must be received no later than the fifteenth day following the post review notice date or notice of financial responsibility for modification, and will be addressed at the scheduled negotiation conference to be held on the fifteenth day following the review date. 
b.  The challenge must be based on alleged mathematical or factual error in the calculation of the monthly support obligation.
c.  The delegate Child Support Enforcement Unit may grant an extension of up to fifteen (15) calendar days to challenge the review results based upon a showing of good cause. 
d.  The delegate Child Support Enforcement Unit shall have fifteen (15) calendar days from the date of receipts of the challenge to respond to the challenge.
e.  If a challenge results in a change in the monthly support obligation, the delegate Child Support Enforcement Unit shall provide an amended notice of review to the parties. 
f.  Both parties are then given fifteen (15) calendar days from the date of the amended notice of review to challenge the results of any subsequent review. 
3.  If the obligor or his/her attorney of record signs the Administrative Process Modified Order of Financial Responsibility at the negotiation conference or returns it in the mail prior to the negotiation conference date, the employee of the delegate Child Support Enforcement Unit designated in writing by the County Director, signs the Administrative Process Modified Order of Financial Responsibility. The Child Support Enforcement worker shall, within five (5) business days, file with the court: 
a.  The Administrative Process Notice of Financial Responsibility for Modification;
b.  Income and Expense Affidavits of the parties;
c.  The Guideline Calculation Worksheets; and,
d.  The Administrative Process Modified Order of Financial Responsibility.
4.  The Administrative Process Modified Order of Financial Responsibility shall also be provided to the parties on the same date it is filed with the court. It shall include an advisement to the parties informing them that they have fifteen (15) calendar days to file a written objection with the court. 
5.  If an objection has not been received by the court within fifteen (15) calendar days after the Administrative Process Modified Order of Financial Responsibility is filed with the court, the order becomes final. If an objection is received within the fifteen-day period, the court may affirm the Administrative Process Modified Order of Financial Responsibility as submitted, issue an order revising the monthly support obligation, or set the matter for hearing. 
6.  If the obligor or his/her attorney of record does not sign and return the Administrative Process Modified Order of Financial Responsibility, but: 
a.  The obligor or his/her attorney of record appears at the negotiation conference and does not agree, the Child Support Enforcement worker shall file with the court within five (5) business days: 
1)  The Administrative Process Notice of Financial Responsibility for Modification;
2)  The Guideline Calculation Worksheet;
3)  The delegate Child Support Enforcement Unit's request for court hearing; and,
4)  Income and Expense Affidavits of the parties.
5)  After a hearing is set, the Child Support Enforcement worker shall file the original notice of hearing with the court and send copies of the notice of hearing to the parties or their attorneys of record.
b.  The obligor or his/her attorney of record does not appear at the negotiation conference, the Child Support Enforcement worker, within five (5) business days shall file with the court: 
1)  The Administrative Process Notice of Financial Responsibility for Modification;
2)  Income and Expense Affidavits of the parties;
3)  The Guideline Calculation Worksheets;
4)  The Affidavit of Non-Appearance for modification; and,
5)  The Administrative Process Default Order of Financial Responsibility (modified).
c.  Upon receipt of the signed copy of the default order from the court, the Child Support Enforcement worker shall send copies to the parties or their attorneys of record.
d.  The Child Support Enforcement worker shall document this activity on the automated child support system.
7.  After an order is entered and if the obligor has an employer or other income, within two business days of the date the modified support order is entered, the delegate Child Support Enforcement 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., send a Notice to Withhold Income for Support to the obligor’s employer, trustee, or other payor of funds and update the Automated Child Support Enforcement System. A copy of the Notice to Withhold Income for Support shall be filed with the court, if required by the court, and the employer shall provide a copy to the obligor. If the obligor is the party ordered to provide health insurance and the employer has health insurance available at reasonable cost (as defined at Section 6.230.16), within fifteen (15) calendar days of the date the order containing medical support is entered or within two (2) business days from the report of the obligor's employment through the State directory of new hires, the delegate CSE Unit shall send the National Medical Support Notice to initiate health insurance coverage and update the automated child support system.

[Instructional note: Section 6.261.9 has been deleted.] 

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[Instructions: replace lines 1297486 through 1297491.]
6.700.31  Public Assistance Cases [Rev. eff. 7/1/08]
In active IV-A or foster care cases, the Child Support Enforcement Unit shall attempt to establish child support obligations, and medical support from any person who is legally liable for support. The Child Support Enforcement Unit has the discretion to establish an obligation for child support debt and/or retroactive support based on the county’s procedure. "Child Support Debt" is the amount due to a state as a result of payment of public assistance as described in Section 14-14-104, C.R.S. "Retroactive Support " is a reasonable amount of support owed to the custodial party for a time period prior to the entry of the support order as provided by Section 19-6-104, C.R.S., and Section 19-4-116, C.R.S. Establishing the legal obligation to provide child support includes activities related to establishing the amount of the child support debt and retroactive support due, determining the ability of both parents to provide support, and the amount of the support obligation, and medical support.   Eff  05/01/2007
In public assistance, foster care, and low-income child care assistance referral cases, the Child Support Enforcement Unit shall not pursue the establishment of a child support obligation, child support debt, retroactive support or medical support if good cause exemption has been determined by the county director or designee. Low-income child care assistance referrals may request a good cause exemption from cooperating with child support enforcement; however, there is no assignment of rights in a low-income child care referral case, so child support debt can not be established.   Eff  05/01/2007
[Instructional note: the third paragraph has been deleted.]

6.700.32  Non-Public Assistance (Non-PA) Cases 
In a non-public assistance case, including a low-income child care assistance case, the Child Support Enforcement Unit shall attempt to establish child support and medical support from any person who is legally liable for support of a child. The Child Support Enforcement Unit has the discretion to establish an obligation for retroactive support based on the county's procedure. Establishing the legal obligation to provide child support includes activities related to establishing the amount of retroactive support due, determining the ability of both parents to provide support, and determining the amount of the support obligation. 

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[Instructions: replace line 1042264.]
6.709.4  [Rev. eff. 7/1/08]
In the absence of any reliable information concerning the custodial party's or noncustodial parent's income, the monthly support obligation shall be computed based on the current minimum wage, which may be calculated for up to a forty hour work week. All steps taken to obtain financial information must be documented.
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[Instructions: replace line 1042274.]
6.710.14  [Rev. eff. 7/1/08]
The original order (CSE-105) 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.

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[Instructions: replace lines 1042407 through 1042434.]
6.803.1  PROCEDURES [Rev. eff. 7/1/08]
The county department shall establish procedures for reviewing arrearage amounts that are to be reported to a consumer credit reporting agency or have been certified for administrative offset program, administrative lien and levy, tax offset, for lottery intercept, for workers’ compensation attachment, state vendor offset program, gambling intercept, or license suspension.
6.803.11  County Actions to Initiate the Review [Rev. eff. 7/1/08]
Upon written request for an administrative review, within the time frame specified on the advance notice for reporting arrears to a consumer credit reporting agency, the pre offset notice for tax purposes, the notice of intercept of lottery winnings, the Administrative Lien and Attachment for workers’ compensation benefits, the notice for license suspension, the notice for administrative lien and levy, the notice for state vendor offset program, the notice of intercept of gambling winnings, and the notice for federal administrative offset program, the county Child Support Enforcement Unit shall: 
A.  Schedule and advise the obligor and the custodial party in a non public assistance case of the date, time and place of the review and initiate administrative review information on the administrative review tracking system screen in the automated child support system.
B.  Request from the obligor copies of any modifications of the support order.
C.  Request from the obligor records of payments made by the noncustodial parent.
D.  Advise the obligor this review is a review of the records only and not a judicial determination.
E.  Request proof from the obligor if he/she has contested being the obligor.
F.  Advise the obligor that a decision will be rendered within thirty (30) days of the request for a review.
6.803.12  Notice of Administrative Review [Rev. eff. 7/1/08]
The county department shall notify the obligor that an administrative review will only be held if the request for an administrative review concerns an issue of mistaken identity of the obligor or the amount of arrearages specified on the advance notice for reporting to a consumer credit reporting agency, the pre-offset notice for tax offset, the notice for lottery intercept, administrative lien and attachment for workers’ compensation benefits, the notice of license suspension, the notice for federal administrative offset program, the notice for state vendor offset program, the notice of intercept of gambling winnings, and the notice for administrative lien and levy.
6.803.13  County Department Review [Rev. eff. 7/1/08]
On the date established, the county department shall review the child support case record, documents submitted by the obligor and determine the arrears.
6.803.14  County Actions to Complete the Review [Rev. eff. 7/1/08]
Within ten (10) calendar days of the decision rendered, the county department shall update the automated child support system, take any additional action appropriate to reflect the decision, notify the obligor and the custodial party in a non-public assistance case of the decision rendered.  The written decision shall include the timeframes reviewed, balance due for that timeframe, court orders reviewed including the child support terms of those orders, payment records reviewed, and amounts credited based on those records.
6.803.15  Notice of Further Review [Rev. eff. 7/1/08]
The county department shall notify the obligor of his/her right to request a further review by the State Department.  The obligor must be advised that the request must be made in writing and be received by the state office within thirty (30) calendar days of the mailing of the county decision to the obligor.
6.803.2  REVIEW OF ARREARAGE AMOUNT [Rev. eff. 7/1/08]
After an obligor submits a written request to the State Department for review of an arrearage amount, the following procedures shall govern review of arrearage amounts that are to be reported to a consumer credit reporting agency, or have been certified for tax offset, for lottery intercept, for workers’ compensation benefits attachment, license suspension, federal administrative offset program, state vendor offset program, gambling intercept, and administrative lien and levy. 

6.803.21  County Level Administrative Review [Rev. eff. 7/1/08]
Upon written request from the obligor for an administrative review, a determination will be made if a county level administrative review occurred.
A.  If a county level administrative review has not occurred, and if the obligor is within the time frame specified on the notice, the request will be forwarded to the appropriate county and the county shall conduct a local level administrative review within thirty (30) calendar days of receiving the request from the state department.  If a county level administrative review has not occurred and if the obligor is not within the time period specified on the notice, the obligor has lost the right to contest the arrears through the administrative review process.
B.  If a county level administrative review has occurred, the following procedure shall govern the review by the State Department: 
1.  The State Department shall set a date, time, and place for the review, which shall be within thirty (30) calendar days from the date the written request for review was received by the state department.
2.  Provide a written notice to the obligor and the custodial party in a non-public assistance case of the date, time, and place of the review.  This notice must also contain a statement which advises the parties of the conditions set forth in paragraphs 3, 4, and 5 below.
3.  The only issues to be reviewed are a mistake in the identity of the obligor or a disagreement of the amount of arrears.
4.  The review is a review of the records only and not a judicial determination.
5.  The obligor must provide all records of his or her support payments.
6.  Request that the county provide: 
a.  The records that established the arrearages; and,
b.  A copy of its decision if not previously provided by the noncustodial parent.
7.  The Automated Child Support Enforcement System will be updated to reflect the administrative review.
8.  A decision will be rendered within 30 calendar days of the receipt of the written request for review unless the parties fail to provide the required information.

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[Instructions: replace line 1408175.]
6.903.11  Enforcement Remedies [Rev. eff. 7/1/08]
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[Instructions: replace lines 1408185 through 1408191.]
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.

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[Instructions: replace line 1042796.]
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;
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