9 Colo. Code Regs. § 2504-1-6.904
Current through Register Vol. 47, No. 24, December 25, 2024
Section 9 CCR 2504-1-6.904 - ADMINISTRATIVE LIEN AND ATTACHMENT OF INSURANCE CLAIM PAYMENTS, AWARDS, AND SETTLEMENTSThe Colorado Department of Human Services, Division of Child Support Services, shall attach the insurance claim payments, awards, or settlements due to an obligor who is responsible for the payment of past-due child support obligations or past-due maintenance or maintenance when combined with child support obligations.
6.904.1SELECTIONA. The State Child Support Services Unit shall attach claim payments, awards, or settlements or obligors who owe more than $500.00, across all court orders, in past-due child support, past-due maintenance or a combination thereof.B. Pursuant to Section 26-13-122.7, C.R.S., for purposes of this section 6.904, an insurance claim payment, award, or settlement is defined as an individual's receipt of moneys in excess of $1,000.00 after making a claim for payment under an insurance policy for: 1. Personal injury under a policy for liability;3. Workers' compensation.C. Such insurance claim payment, award, or settlement only includes the portion payable to the obligor or the obligor's representative, and does not include any monies payable as attorney fees or litigation expenses, documented unpaid medical expenses, or payment for damage or loss to real or personal property.D. The State Child Support Services Unit shall recover any fees assessed from the monies collected under the administrative lien. If it chooses not to pursue collection under the administrative lien, the county Child Support Services Unit is still responsible for fees assessed by the State Department related to the lien, including a data match fee.6.904.2NOTICESThe State Child Support Services Unit shall send a notice of administrative lien and attachment to the insurance company, and send to the obligor a copy of the notice of administrative lien and attachment along with notice of the obligor's right to request an administrative review. The notices shall be sent via first class mail or electronically, if mutually agreed upon. The obligor has thirty (30) calendar days from the date on the notice to request, in writing, an administrative review. When a written request is timely received, the county Child Support Services worker shall follow section 6.805.
6.904.3POINT OF CONTACTThe Colorado Department of Human Services, Division of Child Support Services, is the single point of contact between Child Support Services and the Child Support Lien Network, or similar program, and the insurance companies.
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