Section 26-13-114 - Family support registry - collection and disbursement of child support and maintenance - rules - legislative declaration(1) The general assembly hereby finds, determines, and declares that it has been demonstrated that the establishment and operation of one automated central payment registry for the processing of child support, child support when combined with maintenance, and maintenance payments is beneficial to the state in the collection and enforcement of family support obligations. It is the intent of the general assembly by enacting this section to authorize the implementation of one central family support registry for the collection, receipt, and disbursement of payments with respect to: (a) Child support obligations for children whose custodians are receiving child support enforcement services from delegate child support enforcement units (IV-D cases);(b) Child support obligations for children whose custodians are not receiving child support enforcement services from delegate child support enforcement units (non-IV-D cases), if the court orders such obligations to be paid through the family support registry pursuant to this title, section 14-10-117, C.R.S., or title 19, C.R.S., or if the court order is subject to income-withholding pursuant to section 14-14-111.5, C.R.S., and if the executive director of the state department has notified the state court administrator pursuant to subsection (5) of this section that the judicial district in which the court issuing the order is situated is ready to participate in the family support registry; and(c) Maintenance obligations, if the court orders payments for such obligations to be paid through the family support registry pursuant to this title or section 14-10-117, C.R.S., or if the order is subject to income-withholding pursuant to section 14-14-111.5, C.R.S., and if the executive director of the state department has notified the state court administrator that the judicial district in which the court issuing the order is situated is ready to participate in the family support registry and the family support registry is ready to accept such maintenance payments.(2) "Family support registry" means a central registry maintained and operated by the state department acting as the child support enforcement agency that receives, processes, disburses, and maintains a record of the payment of child support, child support when combined with maintenance, maintenance, child support arrears, or child support debt made pursuant to court order or administrative order.(3) The child support enforcement agency is authorized to establish and maintain or contract for the establishment and maintenance of a family support registry to receive, process, and disburse support payments. Development and operation of the family support registry shall be subject to available appropriations.(4) In operating the family support registry, the child support enforcement agency is authorized to: (a) Receive, process, and disburse payments for child support, child support when combined with maintenance, maintenance, child support arrears, or child support debt;(b) Maintain records of any payments collected, processed, and disbursed through the family support registry;(c) (Deleted by amendment, L. 98, p. 759, § 10, effective July 1, 1998.)(d) Answer inquiries from authorized parties concerning payments processed through the family support registry;(e) Collect a fee for the processing of insufficient funds checks. The child support enforcement agency shall issue a notice to the originator of the second insufficient funds check received within any six-month period that no further checks will be accepted from the person and that future payments for a period of six months following the issuance of the notice shall be required to be paid by cash or certified funds. In the event that a disbursement to the obligee becomes unfunded due to insufficient funds, stop payment, or other reason, the unfunded disbursement may be recovered from the next payment. The department of human services shall ensure that provisions are available for obligors to make cash payments through their county child support enforcement units.(5) On and after July 1, 1998, the child support enforcement agency and the office of the state court administrator shall jointly begin implementing the family support registry in particular counties and judicial districts with respect to non-IV-D cases and orders in which payments are directed to be paid through the family support registry, as mutually agreed by the executive director and the state court administrator. The executive director of the state department shall inform the state court administrator when a particular county or judicial district is ready to implement and participate in the family support registry for non-IV-D cases. The family support registry shall be available for support orders for use by all counties and judicial districts consistent with federal law.(6) Upon implementation of the family support registry in a particular county or judicial district, the following procedures shall be followed:(a) All court orders entered or modified and all administrative orders issued pursuant to this title or title 14 or 19, C.R.S., that require payments for child support, child support when combined with maintenance, maintenance, child support arrears, or child support debt to be paid through a registry shall be made through the family support registry except as provided by section 14-14-111.5 (3)(a)(II), C.R.S.(b) For non-IV-D cases or orders that require payments to be made to the clerk of the court, the district court for each county and the Denver juvenile court shall send or cause to be sent a notice to redirect payments to the family support registry once the executive director of the state department has notified the state court administrator that the judicial district in which the court is situated, pursuant to subsection (5) of this section, is ready to participate in the family support registry. The notice shall be sent by first-class mail and shall state that all payments shall be made to the family support registry. The notice shall be sent to the following persons:(I) In non-IV-D cases in which there is an order to make the payments through a registry, any obligor who is obligated to pay child support, child support when combined with maintenance, or maintenance where the order does not already specify paying through the family support registry;(II) Any employer or trustee who has been withholding wages under a wage assignment pursuant to section 14-14-107, C.R.S., as it existed prior to July 1, 1996;(III) Any employer or other payer of funds who has been withholding income pursuant to an income assignment pursuant to section 14-14-111, C.R.S., as it existed prior to July 1, 1996, or section 14-14-111.5, C.R.S.;(IV) Any obligor or employer who receives a notice to redirect payments as specified in subparagraph (I) of this paragraph (b) who fails to make the payments to the family support registry and who continues to make payments to the court or to the delegate child support enforcement unit shall be sent a second notice to redirect payments. The second notice shall be sent certified mail, return receipt requested. Such notice shall contain all of the information required to be included in the first notice to redirect payments and shall further state that the obligor or employer has failed to make the payments to the correct agency and that the obligor or employer shall redirect the payments to the family support registry at the address indicated in the notice. Failure to make payments to the family support registry after a second notice shall be grounds for filing a motion for contempt.(c) Any payment required to be made to the family support registry that is received by the court or by a delegate child support enforcement unit shall be forwarded to the family support registry within five working days after receipt. Any such payments forwarded shall be identified with the information specified by the family support registry, including but not limited to, the court case number, the county where the court case originated, and the name of the obligor. A copy of the notice to redirect payments described in subparagraph (I), (II), (III), or (IV) of paragraph (b) of this subsection (6) shall be mailed to the obligee and to the court in cases of a IV-D case or order, by first-class mail.(d) (Deleted by amendment, L. 98, p. 759, § 10, effective July 1, 1998.)(7) All support orders shall contain: (a) The amount of the payment;(b) The specific day or dates on which the payment is due;(c) The name, date of birth, residential address, and sex of the obligor, and the name and address of the employer of the obligor;(d) The name, date of birth, residential address, and sex of the obligee;(e) The name, date of birth, and sex of all dependents covered under the support order;(f) A statement that the parties are required to notify the family support registry, if the support order requires payments to be made through the family support registry, of any change in residential and mailing address of the obligor or obligee or of any change in address of the employer or payer of funds or any other changes that may affect the administration of the support order, including changes in employment of the obligor.(8) The clerk of the court shall notify the family support registry within five working days after any entry of judgment is filed in relation to any child support, child support when combined with maintenance, or maintenance case where payments are required to be paid through the family support registry, whether by order of court or verified entry of judgment, including the inclusive dates of the judgment and the judgment amount.(9)(a) The judicial department and the state department shall cooperate in the transfer of the functions relating to the collection of child support and maintenance from the judicial department to the state department.(b) The court shall provide the following information to the family support registry, if available, in those cases in which the court orders payment to be made through the family support registry: (I) The date of the order;(II) The court case number;(III) The name and address of the obligor;(IV) The name and address of the obligee; and(V) The name and address of the obligor's employer.(10) A copy of the record of payment maintained by the family support registry shall be admissible into evidence as proof of the payments made through the family support registry.(11) The state board shall promulgate such rules and regulations, pursuant to section 24-4-103, C.R.S., as are necessary to implement this section.(12) (Deleted by amendment, L. 96, p. 623, § 38, effective July 1, 1996.)(13)(a) A party to a case identified by the court as one in which the party is directed to make maintenance payments through the family support registry shall pay a minimal per transaction processing fee, in an amount to be determined annually by rule of the executive director of the state department to cover the direct and indirect costs associated with processing the maintenance payment, which fee shall be paid by such person each time the maintenance payment is made through the family support registry.(b) The fees collected pursuant to paragraph (a) of this subsection (13) shall be transmitted to the state treasurer, who shall credit the same to the family support registry fund, created pursuant to section 26-13-115.5.L. 85: Entire section added, p. 600, § 21, effective July 1. L. 87: (1) amended, p. 591, § 11, effective July 10. L. 88: (1), (4), and (5) amended, p. 636, § 17, effective July 1. L. 90: Entire section R&RE, p. 1407, § 2, effective June 8. L. 94: (1), (2), (4)(e), (5), and (9) amended, p. 2708, § 279, effective July 1. L. 96: (6)(b)(II), (6)(b)(III), (6)(d), and (12) amended, p. 623, § 38, effective July 1; (1) amended, p. 1262, § 170, effective August 7. L. 98: (1) to (6), IP(7), (7)(f), and (9) amended, p. 759, § 10, effective July 1. L. 99: (1), (2), (4)(a), (5), (6)(a), (6)(b)(I), (8) and (9)(a) amended and (13) added, p. 1088, § 9, effective July 1. L. 2007: (4)(e) amended, p. 1667, § 27, effective May 31. L. 2008: (7)(c), (7)(d), and (7)(e) amended, p. 1350, § 7, effective July 1. L. 2011: (1)(b) and (1)(c) amended, (SB 11 -123), ch. 46, p. 120, § 8, effective August 10.The term "custody", and related terms, has been changed in other places in the Colorado Revised Statutes to correspond with the use of the term "parental responsibilities" as described in section 14-10-124.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994; for the legislative declaration contained in the 1996 act amending subsection (1), see section 1 of chapter 237, Session Laws of Colorado 1996.