9 Colo. Code Regs. § 2504-1-6.802

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

Section 9 CCR 2504-1-6.802 - ALLOCATION [Rev. eff. 9/15/12]

A. The court-ordered Monthly Support Obligation (MSO) shall be posted each month on all IV-D ledgers where a current obligation is due for the current accounting month. The monthly support obligation shall be retroactively posted for each month that it was due for which the CSS Unit was responsible for enforcing the MSO that month, but it was previously not posted.

B. If there is a Monthly Medical Obligation (MMO) due, the entire monthly support obligation, monthly medical obligation, and arrears balances shall be posted on a manual ledger for all IV-D cases where a current medical obligation is due for the current accounting month.

C. Allocations shall be made at a child level.

D. All collections shall be allocated within two (2) business days after being receipted in the Family Support Registry or the Child Support Services Unit.

E. All manual overrides of allocation on the automated child support system shall be documented in the automated child support system case chronology.

F. Allocation to multiple arrears obligations on the same ledger shall prorate to class of balances as listed below under Section 6.802.2, "Collections on Cases with Support Orders".

G. Allocation to multiple arrears obligations on the same ledger shall satisfy the most recent obligation first based on the beginning accrual date of the obligation.

6.802.1Voluntary Collections on Cases With No Support Orders [Rev. eff. 9/15/12]

If collections are received on a case that has no support order established yet, the county will first initiate a voluntary ledger. The collections shall then be allocated to the ledger in the following order:

A. The collection will first satisfy any noncustodial parent erroneous disbursement ledger balance.

B. If there is any remaining amount, the user shall first post the Monthly Support Obligation to zero and then shall allocate the payment to the Monthly Support Obligation.

6.802.2Collections on Cases With Support Orders [Rev. eff. 9./15/12]

All collections, except those from a federal income tax intercept or designated as a judgment payment, shall be allocated to the ledger as follows:

A. First, to the Monthly Support Obligation (MSO) where the Monthly Support Obligation has been posted for the current accounting month, prorated among each class of Monthly Support Obligation posted on the ledger.

B. Second, to A Monthly Medical Obligation (MMO) when there is a specific dollar amount ordered.

C. Third, to non-assigned arrears balances. Arrears payments are allocated in the following order to the various types of balances due. Within those types of balances due, an arrears payment will allocate to:

1) non-IV-A, either never assistance or post assistance, ordered specific dollar amounts for medical, non-IV-E foster care, or non-IV-D, and

2) IV-A unassigned pre-assistance, and shall be prorated across ledger balances.

1. In-state current delinquency.

2. In-state non-judgment obligations.

3. In-state judgment obligations.

4. Out-of-state current delinquency.

5. Out-of-state non-judgment obligations.

6. Out-of-state judgment obligations.

D. Fourth, to obligor erroneous disbursement ledger balances.

E. Fifth, to costs due, in the following order:

1. Judgment costs due the county.

2. In-state costs due the Child Support Services Unit that incurred the cost.

3. Out-of-state costs due another state.

4. Costs due to the custodial party.

F. Sixth, to Title IV-A or Title IV-E assigned arrears balances. Arrears payments are allocated in the following order to the various types of balances due, and shall be prorated across ledger balances:

1. In-state current delinquency.

2. In-state non-judgment obligations.

3. In-state judgment obligations.

4. Out-of-state current delinquency.

5. Out-of-state non-judgment obligations.

6. Out-of-state judgment obligations.

If there is a balance for IV-A assigned pre-assistance arrears for an accounting period prior to October 1, 2009, these arrears will be paid before permanently assigned arrears.

G. Seventh, to prepay if an ongoing monthly support obligation exists. Counties must research the ledger to ensure that the payments should be considered prepay payments.

H. Eighth, to obligor over collect, if no obligation or arrears balance exists on the ledger. Counties must research the ledger to ensure that the payments should be considered over collect payments prior to disbursing to the obligor.

6.802.3IRS Collections [Rev. eff. 9/15/12]

Collections made via an IRS refund shall be allocated to the ledger as follows:

A. First, to any pre-assistance arrears owed to the state.

B. Second, to title IV-A, Title IV-E, or medical assigned arrears balances. Arrears payments are allocated in the following order to the various types of balances due and shall be prorated across ledger balances:

1. In-state current delinquency.

2. In-state non-judgment obligations.

3. In-state judgment obligations.

4. Out-of-state current delinquency.

5. Out-of-state non-judgment obligations.

6. Out-of-state judgment obligations.

C. Third, to non-assigned arrears balances, including non-IV-A post, non-IV-A never, or non-IV-E. Arrears payments are allocated in the following order to the various types of balances due and shall be prorated across ledger balances:

1. In-state current delinquency.

2. In-state non-judgment obligations.

3. In-state judgment obligations.

4. Out-of-state current delinquency.

5. Out-of-state non-judgment obligations.

6. Out-of-state judgment obligations.

D. Fourth, to obligor over collect, and shall be refunded to the noncustodial parent. If the intercepted collection was based on a joint tax return, the over collect refund will be issued in both joint filers' names.

6.802.4Judgment Collections [Rev. eff. 9/15/12]

Collections made specifically for a judgment arrears balance shall be allocated to the ledger as follows:

A. First, to the Monthly Support Obligation (MSO) where the Monthly Support Obligation has been posted for the current accounting month, prorated among each class of Monthly Support Obligation posted on the ledger.

B. Second, to a Monthly Medical Obligation (MMO) when there is a specified dollar amount ordered.

C. Third, to non-assigned judgment balances, pro-rated across ledger balances.

D. Fourth, to judgment costs due the department.

E. Fifth, to Title IV-A, Title IV-E, or medical assigned judgment balances, prorated across balances. Any assigned pre-assistance balance for an accounting period prior to October 1, 2009, shall be paid before a permanently assigned balance.

F. Sixth, to noncustodial parent over collect, if no obligation or arrears balance exists on the ledger. Counties must research the ledger to ensure that the payments should be considered over collect payments prior to disbursing to the obligor.

9 CCR 2504-1-6.802

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