Colorado § 26-13-118 - Lottery winnings offset.

§ 26-13-118. Lottery winnings offset.

(1) (a) The state department shall periodically certify to the department of revenue information regarding persons who owe a child support debt or child support costs to the state pursuant to section 14-14-104, C.R.S., or who owe child support arrearages as requested as a part of an enforcement action pursuant to article 5 of title 14, C.R.S., or who owe child support arrearages or child support costs which are the subject of enforcement services provided pursuant to section 26-13-106.

(b) Such information shall include the social security number of the person owing the child support debt, arrearages, or child support costs, the amount of same, and any other identifying information required by the department of revenue.

(2) Upon receiving notification from the department of revenue that a lottery winner appears among those certified by the state department pursuant to section 44-40-113, the state department shall notify the obligated parent, in writing, that the state intends to offset the parent's current monthly child support obligation, child support debt, child support arrearages, and child support costs against the parent's winnings from the state lottery. The notification shall include information on the parent's right to object to the offset and to request an administrative review pursuant to the rules of the state board of human services.

(3) Upon notification by the department of revenue of amounts deposited with the state treasurer pursuant to section 44-40-113, and after deduction of the fees authorized in subsection (4) of this section to be collected from applicants receiving support enforcement services pursuant to section 26-13-106 (2), the state department shall disburse such amounts to the appropriate county department for processing or for distribution to the individual receiving support enforcement services pursuant to section 26-13-106, as appropriate.

(4) The state department shall promulgate rules and regulations, pursuant to article 4 of title 24, C.R.S., establishing procedures to implement this section and may promulgate rules and regulations establishing reasonable fees to be collected from an applicant who is receiving support enforcement services as provided pursuant to section 26-13-106 (2). Such fees shall not exceed the amount necessary to cover the cost of collecting overdue child support using the state lottery winnings offset procedure.

(5) The home addresses and social security numbers of persons subject to the state lottery winnings offset provided to the state department by the department of revenue shall be sent to the respective delegate child support enforcement unit as defined in section 14-14-102, C.R.S.

Source: L. 89: Entire section added, p. 797, § 31, effective July 1. L. 91: (1) and (2) amended, p. 256, § 20, effective July 1. L. 93: (2) amended, p. 1565, § 18, effective September 1; (1)(a) amended, p. 1607, § 12, effective January 1, 1995. L. 94: (2) amended, p. 2709, § 280, effective July 1. L. 2003: (1) and (2) amended, p. 1272, § 66, effective April 22. L. 2018: (2) and (3) amended, (HB 18-1027), ch. 31, p. 365, § 14, effective October 1; (2) and (3) amended, (HB 18-1375), ch. 274, p. 1715, § 65, effective October 1.

Editor's note: Section 95 of chapter 274 (HB 18-1375), Session Laws of Colorado 2018, provides that the act changing this section takes effect only if HB 18-1027 becomes law. HB 18-1027 became law and took effect October 1, 2018.

Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.