C.R.S. Section 26-13-122.3
Administrative lien and levy of accounts held by financial institutions

  • definitions

(1)

For purposes of this section, unless the context otherwise requires:

(a)

“Account” has the same meaning as defined in section 26-13-128 (7)(a).

(b)

“Financial institution” has the same meaning as defined in section 26-13-128 (7)(b).

(2)

The state child support enforcement agency may issue a notice of administrative lien and levy to any financial institution or its agent holding an obligor parent’s account or accounts identified pursuant to section 26-13-128. The administrative lien and levy may be issued when an obligor who is responsible for the support of a child on whose behalf the obligee is receiving support enforcement services from the state’s child support enforcement agency pursuant to this article 13 is past due on child support obligations. The notice must include the following statements and information:

(a)

The name and address of the financial institution holding an obligor parent’s financial account or accounts;

(b)

The obligor’s name, last-known address, and social security number except where other identifying information may be provided in lieu of a social security number;

(c)

The total amount owed for past-due child support as identified by the state as provided in section 26-13-128 (2)(c);

(d)

A statement that the notice of administrative lien and levy takes effect upon the receipt by the financial institution of the notice;

(e)

Instructions on the remittance of the withheld or surrendered amounts, including the requirement that each check or remittance:

(I)

Be payable to the family support registry and sent to the address indicated in the notice;

(II)

Be surrendered within thirty days after the date of notice of lien and levy; and

(III)

Include the family support registry action number on the face of the check or remittance;

(f)

A statement that, if no funds are available for surrender, the financial institution shall return the remittance notice within thirty days after the date of the notice of lien and levy; and

(g)

A statement that the administrative lien and levy is automatically inactivated once the financial institution has returned the remittance notice or surrendered the funds held by the financial institution.

(3)

In order to attach and collect funds in a financial account identified pursuant to section 26-13-128 for past-due child support, the state child support enforcement agency is authorized to serve, by first-class mail or by electronic means if mutually agreed upon, a notice of administrative lien and levy on any financial institution or its agent that holds the obligor parent’s account or accounts. A copy of the administrative lien and levy must be provided to the obligor and must include information on the obligor’s and, if applicable, a joint account holder or holders’, right to file an applicable exception, exemption, or appeal, including but not limited to, custodial accounts pursuant to section 11-50-110, the earnings limitations set forth in section 13-54-104 (3), and the appeal policy for jointly owned or shared accounts.

(4)

Subsection (3) of this section applies to all past-due child support obligations ordered as part of any proceeding, regardless of when the order was entered, and all such child support obligors are subject to notice of administrative lien and levy as described in subsection (3) of this section.

Source: Section 26-13-122.3 — Administrative lien and levy of accounts held by financial institutions - definitions, 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

§ 26-13-122.3’s source at colorado​.gov