C.R.S. Section 26-13-108
Recovery of public assistance paid for child support and maintenance

  • interest collected on support obligations
  • designation in annual general appropriations act

(1)

Whenever the state department, a county department or its authorized agent, or a district attorney recovers any amounts of support for public assistance recipients, such amounts shall be deposited in the county social services fund, and, if such support is used to reimburse public assistance paid in accordance with federal law, the federal government is entitled to a share in accordance with applicable federal law, the county is entitled to a share in accordance with state law, and the state is entitled to the remaining share. The state may redirect all or a portion of the state’s share to the county pursuant to section 26-13-112.5. The general assembly shall designate in a footnote in the annual general appropriations act the portion of the state’s share that is redirected to the counties. Costs and expenses reasonably and necessarily incurred by the office of district or county attorney, as contractual agent for a county department, in carrying out the provisions of this article 13 must be billed to county departments of human or social services or a county department of human or social services within the judicial district for the actual cost of services provided. Each county shall make an annual accounting to the state department on all amounts recovered.
(2)(Deleted by amendment, L. 97, p. 1294, § 37, effective July 1, 1997.)(3)(a) Effective July 1, 2000, through December 31, 2016, a county may pay families that are eligible for temporary assistance for needy families, pursuant to part 7 of article 2 of this title, an amount that is equal to the state and county share of child support collections as described in subsection (1) of this section. Such payments shall not be considered income for the purpose of grant calculation. However, such income shall be considered income for purposes of determining eligibility. If a county chooses to pay child support collections directly to a family that is eligible for temporary assistance for needy families, pursuant to part 7 of article 2 of this title, the county shall report such payments to the state department for the month in which the payments are made and shall indicate the choice of this option in its performance contract for Colorado works.

(b)

Intentionally left blank —Ed.

(I)

Except as provided in section 26-2-108 (1)(b)(II)(B), effective January 1, 2017, a county shall pay families that are eligible for temporary assistance for needy families, pursuant to part 7 of article 2 of this title, an amount that is equal to the amount of current child support collections as described in subsection (1) of this section. Such payments shall not be considered income for purposes of calculating the basic cash assistance grant pursuant to part 7 of article 2 of this title. However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility. The county shall report to the state department the amount of the child support payments for the month in which the payments are made.

(II)

The state department shall annually report to the joint budget committee the amount of child support collected and paid by the counties to families that are eligible for temporary assistance for needy families, pursuant to part 7 of article 2 of this title.

(4)

Any interest collected on support obligations pursuant to the “Colorado Child Support Enforcement Procedures Act”, article 14 of title 14, C.R.S., which support obligations were due to recipients receiving assistance under the Colorado works program, as described in part 7 of article 2 of this title, shall be deposited in the county social services fund and shall be distributed in accordance with the provisions of this section.

Source: Section 26-13-108 — Recovery of public assistance paid for child support and maintenance - interest collected on support obligations - designation in annual general appropriations act, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-26.­pdf (accessed Oct. 20, 2023).

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 26‑13‑112.5
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 26‑13‑115.5
Family support registry fund created 26‑13‑116
Debt information made available to consumer reporting agencies - notice to noncustodial parent - fees - rules - definitions 26‑13‑118
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 26‑13‑121
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
Green check means up to date. Up to date

Current through Fall 2024

§ 26-13-108’s source at colorado​.gov