9 Colo. Code Regs. § 2504-1-6.804
Current through Register Vol. 48, No. 1, January 10, 2025
Section 9 CCR 2504-1-6.804 - DISBURSEMENT OF SUPPORT COLLECTIONSAny disbursement to a family shall be made to the resident parent, legal guardian, or caretaker relative having custody of or responsibility for the child(ren), judicially-appointed conservator with a legal and fiduciary duty to the custodial parent and the child, or alternate caretaker designated in a record by the custodial parent. An alternate caretaker is a nonrelative caretaker who is designated in a record by the custodial parent to take care of the children for a temporary time period.
6.804.1Disbursement from a Title IV-A AllocationDisbursement of collections from a title IV-A allocation shall be as follows:
A. Disbursements of Pass Through or Excess Pass Through amounts shall be paid to the family within two (2) business days from the Colorado date of receipt if sufficient information identifying the payee is provided.B. Disbursements to excess over UPA shall be paid to the family within two (2) business days of the end of the month in which the collection was received if sufficient information identifying the payee is provided.C. If the collection was received from a federal income tax return, the excess over unreimbursed public assistance payment must be sent to the family within thirty (30) calendar days of the Colorado date of receipt unless based on a joint tax return (see Section 6.804.6).6.804.2Disbursement From a Title IV-E Allocation [Rev. eff. 9/15/12]Disbursement of collections from a Title IV-E allocation shall be as follows:
A. Disbursements to the IV-E agency shall be forwarded to the business office within fifteen (15) business days of the end of the month in which the collection was received.B. Disbursements to excess over UMP which are due to the obligee and not child welfare shall be paid to the obligee within two (2) business days of the end of the month in which the collection was received if sufficient information identifying the payee is provided.C. If the collection was received from a federal income tax return, the collection must be forwarded to the IV-E agency or to the family as appropriate, within thirty (30) calendar days of the Colorado initial date of receipt unless based on a joint tax return (see Section 6.804.6).6.804.3Disbursement from a Non-IV-A Allocation [Rev. eff. 9/15/12]Disbursement of collections from a non-IV-A allocation shall be as follows:
A. If any moneys are owed for the non-PA service fee, those moneys will be held from any disbursement being sent to the obligee, whether from the current monthly support obligation or from an arrears or judgment disbursement.B. All disbursements for the monthly support amount and arrears amounts shall be paid to the family within two (2) business days from the Colorado initial date of receipt if sufficient information identifying the payee is provided unless the collection was received from a federal IRS tax return (see Section 6.804.6).6.804.4DISBURSEMENT FROM A NON-IV-E ALLOCATION [Rev. eff. 4/1/13]Disbursement of collections from a non-IV-E allocation shall be as follows:
A. Disbursements to child welfare shall be paid within fifteen (15) business days of the end of the month in which the collection was received.B. If the collection was received from a federal income tax return, the collection must be forwarded to child welfare within thirty (30) calendar days of the Colorado initial date of receipt unless based on a joint tax return (see Section 6.804.6).6.804.5Disbursement in Intergovernmental Cases [Rev. eff. 9/15/12]Disbursement of collections on intergovernmental cases shall be as follows:
A. In responding intergovernmental cases, for which collections are made on behalf of another child support Services agency, the payment must be forwarded to the location specified by the initiating child support Services agency. Collections must be forwarded to the initiating child support Services agency within two (2) business days of the Colorado date of receipt if sufficient information identifying the payee is provided and within thirty (30) calendar days of the date the payment is received from tax offset collections.B. In transmitting collections, the responding child support Services agency must provide the initiating child support Services agency with sufficient information to identify the case, the initial date of receipt, and the responding agency's FIPS code.6.804.6Disbursements From Federal Income Tax Return Allocations [Rev. eff. 9/15/12]Disbursements of collections from federal income tax return allocations must be sent to the family within thirty (30) calendar days of the Colorado initial date of receipt, except if a disbursement is from a joint federal income tax refund, the county Child Support Services Unit may delay disbursement to the family until:
A. The Child Support Services Unit is notified that the unobligated spouse's proper share of the refund has been paid; or,B. For a period not to exceed six months from notification of offset, whichever date is earlier.C. A disbursement to obligor over-collect must be sent within a reasonable time period.6.804.7Erroneous Intercept Collection [Rev. eff. 9/15/12]When an intercept collection is identified as an erroneous certification intercept collection such as the amount was not owed at the time of certification or the wrong person was intercepted, the Child Support Services Unit shall refund the collection within two (2) working days from the time the erroneously intercepted person provides notice of intercept. This payment shall be disbursed even if the erroneous intercept collection has not been received by the county Child Support Services Unit. The County Child Support Services Unit must submit the state prescribed notice to the State Child Support Services Division when an erroneous intercept occurs.
6.804.8Erroneous Collection From an Enforcement Remedy [Rev. eff. 9/15/12]When a collection from any enforcement remedy is identified as an erroneous withholding, the Child Support Services Unit shall refund the withheld monies within two (2) working days from the date the obligor provides notice of erroneous withholding. This payment shall be disbursed to the obligor even if the erroneous withholding was not retained by the Child Support Services Unit. The County Child Support Services Unit must submit the state prescribed notice to the State Child Support Services Division when an erroneous collection is received due to an enforcement remedy action.
39 CR 23, December 10, 2016, effective 1/1/201740 CR 21, November 10, 2017, effective 12/1/201742 CR 11, June 10, 2019, effective 6/30/201943 CR 17, September 10, 2020, effective 9/30/202043 CR 21, November 10, 2020, effective 12/1/202044 CR 23, December 10, 2021, effective 1/1/202245 CR 01, January 10, 2022, effective 3/1/202246 CR 11, June 10, 2023, effective 7/1/2023