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

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

(1) Support enforcement services shall be provided to those recipients of medicaid-only and Title IV-E foster care as required by federal law and to participants in the Colorado works program implemented pursuant to part 7 of article 2 of this title who, as a condition of eligibility pursuant to federal law, must assign their rights to support to, and cooperate with, the state department in the establishment, modification, and enforcement of support obligations owed by obligors to their children and the enforcement of maintenance owed by obligors to their spouses or former spouses.

(2) Child support establishment, modification, and enforcement services under state law and under the "Uniform Interstate Family Support Act", article 5 of title 14, C.R.S., shall be provided to any person who completes a written application and pays the required fee; except that the county may elect to pay the fee out of county child support enforcement funds. The state department shall establish, by rule, a fee to be charged for services provided under this section. Such fee shall be applied toward reimbursing expenditures incurred by the child support enforcement program. County departments and their contractual agents for legal services, including district and county attorneys, may pursue such fee, notwithstanding any other provision of law. Nonpayment of any fee charged by the state department for services provided under this section shall not be the basis for any criminal prosecution or order of contempt of the court.

(3) The county department may recover any costs incurred in excess of fees from the obligor in a case in which an individual is receiving child support enforcement services under subsection (2) of this section.

(4) After more than five hundred fifty dollars has been collected from an obligor during a year, the county department shall recover a fee of thirty-five dollars from the obligee if the obligee has never received public assistance. The county department shall withhold the fee from the first amount collected that exceeds the five-hundred-fifty-dollar threshold.

(5) There is created in the state treasury the child support DRA fee cash fund, referred to in this subsection (5) as the "fund". The fund consists of money credited to the fund from the state share, if any, of fees collected pursuant to this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the state department may expend money from the fund for program operations.

Source: L. 79: Entire article added, p. 641, § 5, effective June 7. L. 82: Entire section amended, p. 283, § 11, effective April 2. L. 87: Entire section amended, p. 599, § 37, effective July 10. L. 90: Entire section amended, p. 893, § 17, effective July 1. L. 96: Entire section amended, p. 614, § 20, effective July 1. L. 97: (3) amended, p. 563, § 12, effective July 1. L. 98: (1) amended, p. 757, § 8, effective July 1. L. 2007: (1) amended and (4) added, p. 1653, § 12, effective October 1. L. 2019: (4) amended and (5) added, (HB 19-1215), ch. 270, p. 2553, § 5, effective July 1.