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

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

(1) Subject to the provisions of section 26-13-104, the child support enforcement program shall include the following, as required by federal law:

(a) The establishment and modification of an obligor parent's legal obligation to support his or her dependent children, including determination of parentage when necessary;

(b) The location of an obligor parent or putative parent;

(c) The monitoring and processing of an obligor parent's child support and maintenance payment;

(d) The enforcement of an obligor parent's support obligation as set forth in section 26-13-106 (1);

(e) Any necessary investigative and administrative activities which may be necessary to accomplish the services required by this section;

(f) (I) Annual reviews of the child support enforcement program, to be conducted by the state department, including all information as may be necessary to measure the state's compliance with federal requirements.

(II) The state department shall review the cost associated with conducting the annual reviews required in this paragraph (f) and the number of full-time equivalent employees (FTE) of the state department required to complete the reviews. The state department shall examine and evaluate the feasibility and cost-effectiveness of privatizing this function.

(1.5) Upon the request of another state, the state department or its agent is authorized to provide the identification, through data matches with any entity where assets may be found, of assets owned by a person who owes child support in another state and to seize such assets through levy or other appropriate processes.

(2) In any action brought pursuant to this article, or any action brought by a governmental agency, to establish, modify, or enforce a child support obligation or to enforce a maintenance obligation as set forth in section 26-13-106, the prosecuting attorney represents the people of the state of Colorado. Nothing in this section shall be construed to modify statutory mandate, authority, or confidentiality required of any governmental agency, nor should representation by a prosecuting attorney be construed to create an attorney-client relationship between the attorney and any party, other than the people of the state of Colorado, or witness to the action; except that any district attorney or county attorney as contractual agent for a county department shall collect a fee pursuant to section 26-13-106 (2).

(3) (a) In addition to the annual review required by paragraph (f) of subsection (1) of this section, or as a part of such review, the state department shall evaluate the cost and effectiveness of each of the provisions implemented by House Bill 97-1205. Such evaluation shall include a review of the following:

(I) The amount of increase in support collection, if any, associated with the implementation of each new provision contained in House Bill 97-1205;

(II) The cost, in federal, state, and county dollars, associated with the implementation of each new provision set forth in House Bill 97-1205;

(III) The number of full-time equivalent employees (FTE) necessitated by the implementation of each new provision contained in House Bill 97-1205 at both the state and county levels; and

(IV) Such additional data as may be necessary.

(b) (Deleted by amendment, L. 2001, p. 1172, § 10, effective August 8, 2001.)

Source: L. 79: Entire article added, p. 641, § 5, effective June 7. L. 81: (2) added, p. 902, § 3, effective May 27. L. 82: (1)(c), (1)(d), and (2) amended, p. 282, § 10, effective April 2. L. 87: (2) amended, p. 599, § 36, effective July 10. L. 88: (2) amended, p. 635, § 13, effective July 1. L. 91: (1) amended, p. 255, § 17, effective July 1. L. 94: (1)(a) amended, p. 1543, § 19, effective May 31. L. 97: (1)(f) and (3) added, p. 1289, §§ 34, 35, effective July 1. L. 2001: (1)(f)(II), (3)(a)(IV), and (3)(b) amended, p. 1172, § 10, effective August 8. L. 2012: (1.5) added, (SB 12-042), ch. 30, p. 121, § 1, effective March 19.

Editor's note: Subsection (3) was originally numbered as subsection (2) in House Bill 97-1205 but has been renumbered on revision for ease of location.

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

ANNOTATION

Law reviews. For article, "Family Support Act: Mandating State Child Support Enforcement Services", see 21 Colo. Law. 255 (1992).

No express agency relationship or apparent authority existed between the child support enforcement unit and the mother during the period of time in which the mother had assigned her rights to the unit for collection of child support and prior to the time that the AFDC assistance had been fully reimbursed, since mother had expressly acknowledged that the child support enforcement unit did not represent her and mother could not control the actions of the unit. In re Robbins, 8 P.3d 625 (Colo. App. 2000).

This section authorizes child support enforcement services to any person who properly applies and does not prohibit the child support enforcement unit from providing services to persons residing outside the United States. People ex rel. A.K., 72 P.3d 402 (Colo. App. 2003).

Applied in People in Interest of W.M., 643 P.2d 794 (Colo. App. 1982).