9 Colo. Code Regs. § 2504-1-6.701

Current through Register Vol. 47, No. 24, December 25, 2024

Section 9 CCR 2504-1-6.701 - ESTABLISHING SUPPORT OBLIGATIONS [Rev. eff. 4/1/13]

A. All child support obligations must be established using the Colorado child support guidelines as found in Section 14-10-115, C.R.S., to determine the amount to be ordered. Child Support Services staff shall not deviate from the guidelines. Child Support Services Units shall refer to Section 6.707 for rules on how to determine income to use in the guideline calculation.

B. In the instance of an adoption subsidy paid for a child, the case shall be handled judicially and when establishing an order against the adoptive parents, the amount of the monthly support order cannot exceed the amount of the monthly adoption assistance payment. If the calculated guideline amount for the monthly support order exceeds the amount of the monthly adoption assistance payment, the Child Support Services Unit must treat this as a deviation and request a court hearing pursuant to Section 6.713 to request the court to accept the adoption assistance payment amount as the order.

C. In all cases, the Child Support Services Unit shall attempt to establish child support obligations and medical support from any person who is legally liable for support of a child.

1. In a foster care referral case, the county Child Support Services Unit shall attempt to establish a foster care fee obligation.

2. In public assistance, foster care, and low-income child care assistance referral cases, the Child Support Services 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.

D. 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.

E. If the applicant for services or continued services party requests case closure after process has issued in an APA case or a petition has been filed with the court on a judicial case, the county CSS shall complete the establishment case and establish an order (if appropriate) before the IV-D case is closed.

F. In both APA and judicial establishment cases, including add a child actions, the CSS unit shall establish a commencement date of the monthly support obligation as follows:

1. If the order was established between the first and the 15th of the month, the 5th of the next month,

2. If the order was established between the 16th and the last day of the month, the 5th of the month two months in the future, and

3. If a default order is established, the 5th of the month two months in the future.

6.701.1HEALTH INSURANCE [Rev. eff. 4/1/13]

For all cases in which current child support is being sought, including zero dollar MSO orders, the Child Support Services Unit shall include a provision for either party to provide health insurance for his/her children.

9 CCR 2504-1-6.701

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