9 Colo. Code Regs. § 2504-1-6.808
Current through Register Vol. 47, No. 24, December 25, 2024
Section 9 CCR 2504-1-6.808 - UNFUNDED DISBURSEMENTS [Rev. eff. 9/15/12]A. The county Child Support Services Unit shall make every reasonable effort to recover unfunded disbursements.B. If the payment was allocated to the wrong account, the county Child Support Services Unit shall allocate and disburse the payment to the correct account within five (5) working days of discovering the error, even if the county has not received a recovery from the payee who received the original disbursement. 6.808.1Notification [Rev. eff. 9/15/12]A. The county Child Support Services Unit must ensure that the obligee or the initiating jurisdiction has received notification of the unfunded disbursement prior to automatic recovery of the unfunded disbursement amount. This notification may occur through the application for Colorado Works, Child Support Services, or through the automated child support system noticing process.B. The county Child Support Services Unit must have an agreement with the obligee in order to recover the unfunded disbursement. If the obligee does not agree to the unfunded disbursement recovery, county Child Support Services Units may pursue recovery through civil means or may write off the unfunded disbursement amount.C. The notice of the unfunded disbursement amount will inform the obligee or the initiating jurisdiction of her/his responsibility to repay the balance and will state that failure to respond to the notice constitutes an agreement of her/his part.6.808.2Recovery [Rev. eff. 9/15/12]A. The primary contact county shall be responsible for any negotiations with the obligee and for ensuring that the statewide unfunded disbursement balance is paid. The automated child support enforcement system will determine the primary county.B. Any county CSS Unit can accept a cash payment from the obligee to recover the unfunded disbursement amount.C. The automated process will recover one hundred percent (100%) of any Title IV-A distribution. County CSS staff can negotiate a percent or amount of recovery with the obligee on a non-IV-A distribution but the automated child support system will automatically recover at least ten percent (10%) of the payment or ten dollars ($10), whichever is greater.6.808.3Balance Statement [Rev. eff. 9/15/12]The county Child Support Services Unit must send an unfunded disbursement balance statement to the obligee if one is requested. Balance statements requested on intergovernmental cases will be sent to the other agency.
6.808.4Balance Write-Off [Rev. eff. 9/15/12]The Automated Child Support Enforcement System will automatically write off unfunded disbursement balances for obligees who have no open cases anywhere in Colorado and with no financial history activity throughout the State for seven years.
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