9 Colo. Code Regs. § 2504-1-6.803

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

Section 9 CCR 2504-1-6.803 - DISTRIBUTION OF SUPPORT COLLECTIONS

6.803.1Distribution from a Title IV-A Allocation

The Pass Through of current child support collections is dependent upon legislative funding availability. When Pass Through is funded, the Deficit Reduction Act (DRA) distribution rules shall apply. When Pass Through is not funded, standard distribution rules shall apply.

DRA Distribution of collections from a Title IV-A allocation shall be as follows:

A. Amounts applied to the monthly support obligation (MSO) shall be applied in the following order:

1. First towards any unfunded disbursement balance according to the agreement with the obligee, up to 10% of the payment received or $10.00, whichever is greater, from current support; to the family if there is no unfunded disbursement balance.

B. Amounts applied to a IV-A arrears balance shall first apply towards any obligee unfunded disbursement balance and then toward any unreimbursed public assistance and/or unreimbursed specific medical dollar order amounts.

1. Unreimbursed public assistance will be satisfied first in the enforcing county for all periods of public assistance, then Last In First Out (LIFO) for all other counties for all periods of public assistance for each county until all IV-A assigned arrears are collected. Payments to other counties will be made by means of an inter-county transfer of funds as prescribed by the state.

2. In the event no other county has such monetary interest in the case, excess over unreimbursed public assistance will be paid to the obligee.

Standard Distribution of collections from a Title IV-A allocation shall be as follows:

A. Amounts applied to the monthly support obligation (MSO):

1. Shall apply towards any obligee unfunded disbursement balance.

2. Shall be used to reimburse the total unreimbursed public assistance (UPA) provided to the family.

3. Shall be sent to the family as excess over unreimbursed public assistance if there is no unreimbursed public assistance (UPA) balance.

B. Amounts applied to a IV-A arrears balance shall first apply towards any obligee unfunded disbursement balance, and are then used to reimburse unreimbursed public assistance and/or unreimbursed specific medical dollar order amounts.

1. Unreimbursed public assistance will be satisfied first in the enforcing county for all periods of public assistance, and then Last in First Out (LIFO) for all other counties for all periods of public assistance for each county until all IV-A assigned arrears are collected. Payments to other counties will be made by means of an inter-county transfer of funds as prescribed by the state.

2. In the event no other county has such monetary interest in the case, excess over unreimbursed public assistance will be paid to the obligee.

6.803.2Distribution From a Title IV-E Allocation [Rev. eff. 9/15/12]

Distribution of collections from a Title IV-E allocation shall be as follows:

A. Amounts applied to the monthly support obligation (MSO):

1. Shall be used to reimburse the foster care maintenance payment for the month in which the maintenance payment was made.

2. Shall be forwarded to the county business office to be applied according to the state's reporting and accounting procedures, if the amounts applied to the monthly support obligation exceed the foster care maintenance payment.

3. Amounts of the foster care maintenance payment that exceed the monthly support collection are added to the balance of unreimbursed maintenance payments (UMP).

B. Amounts applied to Title IV-E assigned arrears balances:

1. Shall be used to reimburse unreimbursed maintenance payments.

2. Shall be used to reimburse unreimbursed public assistance, if any exists on the case and there is no unreimbursed maintenance payments balance. Any remaining collections are paid to other counties that have a monetary interest in the case.

Unreimbursed public assistance and/or unreimbursed maintenance payments will be satisfied first in the enforcing county for all periods of public assistance, then Last in First Out (LIFO) for all other counties for all periods of public assistance for each county until all IV-A OR IV-E assigned arrears are collected. Payments to other counties will be made by means of an inter-county transfer of funds as prescribed by the state.

3. In the event no other county has such monetary interest in the case:

a. Any remaining collections are forwarded to the county business office if the child is actively in placement at the time the payment was allocated; or,

b. Forwarded to the obligee if the child is not actively in placement at the time the payment was allocated.

6.803.3Distribution From a Non-IV-A Allocation [Rev. eff. 9/15/12]

Distribution of collections from a non-IV-A allocation shall be as follows:

A. Amounts applied to the monthly support obligation (MSO) or any arrears balance:

1. Shall first apply towards any unfunded disbursement balance according to the agreement with the obligee.

2. Shall then be applied to any non-PA service fee still owed by the obligee, whether or not such fee has already been reported to the federal government.

3. Shall be paid to the family.

4. Amounts that represent payment on the required support obligation for future months shall be applied to those future months and shall be paid to the family.

B. Non IV-A applicants shall be charged a twenty-five dollar ($25) certification fee only if an actual federal tax intercept occurs. The certification fee shall be deducted yearly from the first Federal Income Tax refund intercept that occurs, regardless of the number of obligors. If the total yearly amount of all tax refunds for a case is less than twenty-five dollars ($25), that amount will satisfy the certification fee.

6.803.4Distribution From a Non-IV-E Allocation [Rev. eff. 9/15/12]

Distribution of collections from a non-IV-E allocation shall be as follows:

All payments allocated to the current monthly amount due or to any arrears balances shall be forwarded to the county business office.

9 CCR 2504-1-6.803

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