Home

 Colorado Revised Statutes

 Search

 Browse

 Colorado Register

 eDocket

 Log in

 Contact Us

Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

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

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 childís share of the medical insurance premium is not reasonable, now defined as 5% or more of the parentís 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 obligorís 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 childís share of the medical insurance premium is not reasonable, which is now defined as five percent (5%) or more of the parentís gross income. This is a change from the 20% of a parentís 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 obligorís 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. "
Basis And Purpose BasisAndPurposeAttachment2016-00429.pdf
Regulatory analysis RegulatoryAnalysisAttachment2016-00429.pdf
Comments 16-6-1-1
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
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

Adopted rule

Adopted Rules AdoptedRules02016-00429.doc
Redline Redline2016-00429.doc
Adopted Date 11/04/2016
AGO requested date 11/07/2016
Attorney General Opinion 11/21/2016
Colorado Register publication date 12/10/2016
Effective Date 01/01/2017
Inserted into CCR 01/03/2017