ARTICLE 13

• Jurisdiction: Colorado

ARTICLE 13 Child Support Enforcement Act

Cross references: For administrative procedure for child support and enforcement, see article 13.5 of this title; for support proceedings under the "Colorado Children's Code", see article 6 of title 19; for reciprocal support, see article 5 of title 14; for nonsupport, see article 6 of title 14; for support proceedings under the "Colorado Child Support Enforcement Procedures Act", see article 14 of title 14.

Law reviews: For article, "Child Support Enforcement Remedies Available Through Child Support Enforcement Agencies", see 33 Colo. Law. 57 (Jan. 2004).

26-13-101. Short title.

26-13-102. Legislative declaration.

26-13-102.5. Definitions.

26-13-102.7. Privacy - legislative declaration.

26-13-102.8. Nondisclosure of information in exceptional circumstances.

26-13-103. Support enforcement program.

26-13-104. State plan.

26-13-105. Child support enforcement services - review.

26-13-106. Eligibility for services - child support DRA fee cash fund.

26-13-107. State parent locator service - definitions.

26-13-108. Recovery of public assistance paid for child support and maintenance - interest collected on support obligations - designation in annual general appropriations act.

26-13-109. Enforcement of support UIFSA.

26-13-110. Federal requirements.

26-13-111. State income tax refund offset.

26-13-111.5. State vendor payment offset.

26-13-112. Child support incentive payments. (Repealed)

26-13-112.5. Child support incentive payments - report.

26-13-113. Placement in foster care automatic assignment of right.

26-13-114. Family support registry - collection and disbursement of child support and maintenance - rules - legislative declaration.

26-13-115. Child support enforcement agency fund created - application of interest, fees, and recovered costs. (Repealed)

26-13-115.5. Family support registry fund created.

26-13-116. Debt information made available to consumer reporting agencies - notice to noncustodial parent - fees - rules - definitions.

26-13-117. Study of centralized system for processing child support payments. (Repealed)

26-13-118. Lottery winnings offset.

26-13-118.5. Unclaimed property offset - definitions.

26-13-118.7. Gambling winnings - interception - rules.

26-13-119. Distribution of amounts collected.

26-13-120. Administrative review of child support orders. (Repealed)

26-13-121. Review and modification of child support orders.

26-13-121.5. Enforcement of obligation to maintain health insurance.

26-13-122. Administrative lien and attachment.

26-13-122.3. Administrative lien and levy of accounts held by financial institutions - definitions.

26-13-122.5. Administrative lien and attachment of inmate bank accounts.

26-13-122.7. Administrative lien and attachment of insurance claim payments, awards, and settlements - reporting - rules - fund.

26-13-123. Drivers' licenses - suspension for nonpayment of child support - definitions.

26-13-124. Privatization of child support enforcement programs.

26-13-125. State directory of new hires - definitions.

26-13-126. Authority to deny, suspend, or revoke professional, occupational, and recreational licenses - definitions.

26-13-127. State case registry.

26-13-128. Agreements with financial institutions - data match system - limited liability - definitions.

26-13-129. Exemption from federal law.

■ 26-13-101. Short title. This article shall be known and may be cited as the "Colorado Child Support Enforcement Act".

Source: L. 79: Entire article added, p. 640, § 5, effective June 7.

■ 26-13-102. Legislative declaration. The purposes of this article are to provide for enforcing the support obligations owed by obligors, to locate obligors, to establish parentage, to establish and modify child support obligations, and to obtain support in cooperation with the federal government pursuant to Title IV-D of the federal "Social Security Act", as amended, and other applicable federal regulations.

Source: L. 79: Entire article added, p. 640, § 5, effective June 7. L. 82: Entire section amended, p. 282, § 7, effective April 2. L. 87: Entire section amended, p. 599, § 35, effective July 10. L. 2007: Entire section amended, p. 1653, § 11, effective May 31.

■ 26-13-102.5. Definitions. As used in this article 13, unless the context otherwise requires:

(1) "Delegate child support enforcement unit" means the unit of a county department of human or social services or its contractual agent that is responsible for carrying out the provisions of this article 13. The term contractual agent includes a private child support collection agency, operating as an independent contractor with a county department of human or social services, that contracts to provide any services that the delegate child support enforcement unit is required by law to provide.

(2) (a) "IV-D case" or "IV-D support order" means a case or a support order with respect to a child in which support enforcement services are provided, in accordance with Title IV-D of the federal "Social Security Act", as amended, and pursuant to this article, by the delegate child support enforcement unit to a custodian of a child who is or was a recipient:

(I) Of aid to families with dependent children, as that program was in effect as of July 16, 1996;

(II) Under the Colorado works program pursuant to part 7 of article 2 of this title;

(III) Of medical assistance only under articles 4, 5, and 6 of title 25.5, C.R.S.;

(IV) Of Title IV-E foster care; or

(V) Of foster care services under article 5 of this title.

(b) The terms "IV-D case" or "IV-D support order" also include any case or order in which the custodian of a child applies to the delegate child support enforcement unit for support enforcement services and pays a fee for such services under section 26-13-106 (2).

Source: L. 90: Entire section added, p. 1407, § 1, effective June 8. L. 2003: (1) amended, p. 1270, § 62, effective July 1. L. 2006: (2) amended, p. 2019, § 107, effective July 1. L. 2010: (2) amended, (HB 10-1043), ch. 92, p. 317, § 14, effective April 15. L. 2018: IP and (1) amended, (SB 18-092), ch. 38, p. 451, § 135, effective August 8.

Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

■ 26-13-102.7. Privacy - legislative declaration. (1) The general assembly hereby finds that while it is beneficial to the children of the state of Colorado to have procedures by which to enhance the establishment and enforcement of child support, some of which may include the collection and transmission of certain informational data by electronic and other means, the general assembly also determines that it is equally important to prevent abuses of personal information and to safeguard the fundamental right of individuals to privacy. To ensure the privacy of individuals against whom child support is to be established or enforced or on whose behalf it is to be collected, the general assembly hereby determines that it is appropriate that certain safeguards be established.

(2) In addition to any other confidentiality provisions set forth in this article and section 14-14-113, C.R.S., the child support enforcement agency and the delegate child support enforcement units, when exercising authority pursuant to this article and section 14-14-113, C.R.S., to establish, modify, or enforce support obligations, shall make every effort to preserve the integrity and confidentiality of the informational data obtained from other sources about the support obligor and obligee and the informational data provided to any other source about such individuals. The child support enforcement agency and the delegate child support enforcement units shall share only the minimum amount of information required by law and by means that are most capable of preserving the integrity and confidentiality of the information or data about the individual. Specifically, the informational data maintained or transmitted pursuant to this article shall be:

(a) Processed fairly and lawfully;

(b) Collected for specified, explicit, and legitimate purposes as provided by statute or rule and not further processed in a way incompatible with those purposes;

(c) Adequate, relevant, and not excessive in relation to the purposes for which such information is collected or processed;

(d) Accurate and, where necessary, kept up to date to the maximum extent feasible; and

(e) Kept in a form that permits identification of the subject of such information for no longer than is necessary for the purposes for which the information was collected or for which it was processed.

(3) In addition, an individual about whom information is gathered or transmitted pursuant to this article or section 14-14-113, C.R.S., shall have the right to access such information relating to him or her in order to verify the accuracy of the information and the lawfulness of the processing of such information.

(4) Any individual about whom information is gathered or transmitted pursuant to this article or section 14-14-113, C.R.S., shall be entitled to civil damages in a court of law against any person or entity who knowingly violates the provisions of this section.

Source: L. 97: Entire section added, p. 1288, § 33, effective July 1.

Cross references: For the legislative declaration contained in the 1997 act enacting this section, see section 1 of chapter 236, Session Laws of Colorado 1997.

■ 26-13-102.8. Nondisclosure of information in exceptional circumstances. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information shall be sealed and may not be disclosed to the other party or the public. A party seeking disclosure of all or part of such identifying information may request a hearing before the court. After a hearing in which the court takes into consideration the health, safety, or liberty of the party or child, the...