9 Colo. Code Regs. § 2504-1-6.906

Current through Register Vol. 47, No. 24, December 25, 2024
Section 9 CCR 2504-1-6.906 - SELECTION FOR FINANCIAL INSTITUTION DATA MATCH (FIDM) [Rev. eff. 4/1/13]

The Colorado Department of Human Services, Division of Child Support Services, is the single point of contact between Child Support Services and the financial institutions.

Obligors shall be selected for Financial Institution Data Match on all of their court orders after they have been advised of their due process rights by the issuance of the annual pre-offset notice and the following selection criteria:

A. Arrears balance is $1,000.00 or greater; and,
B. Full monthly support obligation is not paid each month.

The Colorado Department of Human Services, Division of Child Support Services, shall exclude partnership, custodial, and commercial accounts or accounts otherwise precluded by law. Pursuant to Section 26-13-128, C.R.S., and the "Uniform Transfers to Minors Act" and trust accounts of monies held in trust by a third party shall not be attached, encumbered or surrendered.

6.906.1REVIEW OF SELECTED CASES [Rev. eff. 3/2/10]

Within seven (7) calendar days of the date the electronic notification is generated from the automated child support system, the county child support services worker shall review the accepted match to ensure that the ledger is accurate and to ensure that issuing a lien and levy against the obligor's financial account is appropriate.

All changes or other actions taken shall be documented in the automated child support system by the county child support services worker.

6.906.2SUPPRESSION
6.906.21Temporary Suppression [Rev. eff. 4/1/13]

The county Child Support Services worker may, within the allotted seven (7) calendar days, suppress the accepted court order match on a temporary basis by updating the suppression code on the automated child support system.

6.906.22Indefinite Suppression [Rev. eff. 3/2/10]

The request for an indefinite suppression shall be submitted to the "SEU FIDM" mailbox electronically by the administrator of the Child Support Services Unit.

6.906.3CREATION OF THE LIEN AND LEVY [Rev. eff. 5/1/07]

If the court order match has not been suppressed, the automated child support system will create a lien and levy document on the eighth calendar day after the accepted match. The Colorado Department of Human Services, Division of Child Support Services, will submit the lien and levy to the financial institution.

Seven calendar days after the lien and levy document has been sent to the financial institution, the Colorado Department of Human Services, Division of Child Support Services, will notify the obligor and any non-debtor account holders of the lien and levy of the account along with the exception/exemption policy and/or the appeal policy.

6.906.4EXCEPTION OR EXEMPTION CLAIM [Rev. eff. 3/2/10]
A. Within twenty (20) calendar days from the date of the lien, the obligor may request an exception claim per State policy from the Colorado Department of Human Services, Division of Child Support Services, if there is terminal illness of the obligor or the obligor's biological or adopted child.
B. Within 20 calendar days from the date of the lien, the obligor may request an exemption claim per State statute from the Colorado Department of Human Services, Division of Child Support Services, if there is:
1. Misidentification; or,
2. A custodial account created pursuant to the "Colorado Uniform Transfers to Minors Act", Article 50 of Title 11, C.R.S., or a trust account of moneys held in trust for a third party; or,
3. An account held with a corporate tax identification number; or,
4. An account used to receive deposits of Supplemental Security Income benefits, Social Security survivors benefits, or any combination of these funds, Veterans Administration disability benefits, child support payments or public assistance benefits; or,
5. An account used to receive "earnings" as defined in Section 13-54-104, C.R.S. The maximum percentage amount of the account balance that can be seized will be determined based upon the documentation provided by the obligor. Documentation requirements are specified on the notice that the obligor receives.

The obligor is responsible for providing the Colorado Department of Human Services, Division of Child Support Services, documentation in support of the above situations.

The Colorado Department of Human Services, Division of Child Support Services, shall review the claim and document its decision whether to approve or deny the claim. The claim shall be reviewed within three business days of receipt based upon the documentation outlined in the lien and levy exception/exemption policy that is included with the Notice of Lien and Levy. If the claim is approved, the Colorado Department of Human Services, Division of Child Support Services, will issue a release of lien and levy to the financial institution. If the claim is denied, the lien and levy will remain in effect. The Colorado Department of Human Services, Division of Child Support Services, shall notify the obligor and the county child support services worker of the claim decision.

6.906.5APPEAL PROCESS FOR JOINT ACCOUNTS [Rev. eff. 5/1/07]

The lien placed on any and all types of joint account(s) shall require the financial institution to freeze one hundred percent (100%) of the assets on deposit as of the date of the lien. "Joint accounts" means multiple party accounts as defined in Section 15-15-201(5), C.R.S. The Colorado Department of Human Services, Division of Child Support Services, shall take the following actions:

A. The non-debtor account holders are noticed that they have twenty (20) calendar days from the date of the lien to request an appeal of the frozen funds on the basis that there is proof of contribution of the funds on deposit up to one hundred percent (100%) as of the date of the lien as governed by Section 15-15-211, C.R.S.
B. The request for appeal and the required documentation shall be reviewed by the Division of Child Support Services within three working days of receipt.
1. If the appeal is approved, the Colorado Department of Human Services, Division of Child Support Services, will issue a release of lien and levy to the financial institution releasing the contribution of the non-debtor account holder.
2. If the appeal is denied, the lien and levy will remain in effect as to the amount frozen at the time of the lien.
3. The Colorado Department of Human Services, Division of Child Support Services, shall notify the non-debtor account holder and the county child support services worker of the appeal decision.
6.906.6ALLOCATION OF FUNDS [Rev. eff. 3/2/10]

The levied funds are sent to the Family Support Registry and are allocated according to the obligor's court orders that were included on the FIDM lien and levy.

9 CCR 2504-1-6.906

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