§ 14-14-111.5 — Income assignments for child support or maintenance

Colorado § 14-14-111.5

• Jurisdiction: Colorado
• Title 14: Domestic
• Art.: Child Support Enforcement

Text

(1) Legislative declaration. The general assembly hereby finds and declares that, for
the good of the children of Colorado and to promote family self-sufficiency, there is
a need to strengthen Colorado's child support enforcement laws and to simplify,
streamline, and clarify the existing laws relating to wage assignments previously
provided for in section 14-14-107 and immediate deductions for family support
obligations previously provided for in section 14-14-111. In support of this effort, the
general assembly hereby adopts the term income assignment to be used to
provide consistency and standardization of the process for collecting child support
and maintenance.

(2) (a) Whenever an obligation for child support, maintenance, child support
when combined with maintenance, retroactive support, medical support, child
support arrears, or child support debt is initially determined, whether temporary or
permanent or whether modified, the amount of child support, maintenance, child
support when combined with maintenance, retroactive support, medical support,
child support arrears, or child support debt shall be ordered by the court or
delegate child support enforcement unit to be activated immediately as an income
assignment subject to section 13-54-104 (3), from the income, as defined in section
14-10-115 (3), that is due or is to become due in the future from the obligor's
employer, employers, or successor employers or other payor of funds, regardless of
the source, of the person obligated to pay the child support, maintenance, child
support when combined with maintenance, retroactive support, medical support,
child support arrears, or child support debt.

(b) Any order for support must include the following, if available:

(I) The name, date of birth, and sex of each child for whom the support is
ordered;

(II) The obligee's name, residential and mailing addresses, and date of birth;

(III) The total amount of current support to be paid monthly in each category
of support;

(IV) The date of commencement of the order and the date or dates of the
month that the payments are due;

(V) The total amount of arrears that is due, if any, in each category of support
as of the date of the order; and

(VI) The obligor's name, residential and mailing addresses, and date of birth.

(3) Activation of income assignment. Income assignments must be activated
in accordance with the following provisions:

(a) Immediate activation of income assignments. (I) (A) Upon entry of an
order for child support, maintenance, child support when combined with
maintenance, retroactive support, medical support, child support arrears, or child
support debt, the obligee, the obligee's representative, or the delegate child
support enforcement unit shall cause a notice of income assignment to be served
immediately as described in subsection (4) of this section.

(B) Unless an income assignment is required to be immediately activated
pursuant to subsection (3)(a)(I)(A) of this section, or the income assignment is not
subject to immediate activation pursuant to subsection (3)(a)(II) of this section, an
income assignment may be immediately activated by the obligee, the obligee's
representative, or the delegate child support enforcement unit by causing a notice
to withhold income for support to be served upon the employer, trustee, or other
payor of funds pursuant to subsection (4) of this section.

(II) Exceptions to immediate activation of income assignments. Income is
not subject to immediate activation of an income assignment pursuant to this
subsection (3)(a) in any case in which:

(A) One of the parties demonstrates, and the court or the delegate child
support enforcement unit finds in writing, that there is good cause not to require
immediate activation of an income assignment. For the purposes of this sub-subparagraph (A), good cause means the following: There is a written
determination and explanation by the court or delegate child support enforcement
unit stating why implementing immediate activation of an income assignment
would not be in the best interests of the child; and the obligor has signed a written
agreement to keep the delegate child support enforcement unit, the obligee, or the
obligee's representative informed of the obligor's current employer and information
on any health insurance coverage to which the obligor has access; and proof is
provided that the obligor made timely payments without the necessity of income
assignment in previously ordered child support obligations.

(B) A written agreement is reached between both parties that provides for an
alternative arrangement, and such agreement is reviewed and approved in the
record by the court. For purposes of this subsection (3)(a)(II)(B), the delegate child
support enforcement unit is considered a party in all cases in which the custodian
of a child is receiving support enforcement services from a delegate child support
enforcement unit pursuant to section 26-13-106 (1) and as such must consent to the
alternative written agreement. In all cases in which the custodian of a child is
receiving support enforcement services from a delegate child support enforcement
unit pursuant to section 26-13-106 (2), the obligee or the obligee's representative
shall provide the delegate child support enforcement unit with notice of any
agreement reached between the parties pursuant to this subsection (3)(a)(II)(B).

(b) (I) to (III) Repealed.

(IV) Agreement to activate. When an income assignment is activated
pursuant to this subsection (3) and arrears are owed, as verified by the affidavit of
arrears, the parties may agree to an amount of payment on the arrears, or the court
or delegate child support enforcement unit may determine an appropriate amount
for payment.

(V) Repealed.

(VI) A payment on arrears, plus interest, for support, if any, shall be included
in an activated income assignment; however, the combined payment on current
support and arrears is subject to section 13-54-104 (3), C.R.S.

(VII) Objections to income assignment. (A) The obligor may file with the
court a written objection to the activation of an income assignment pursuant to this
subsection (3) no later than fourteen days after actual notice. The obligor shall mail
a copy of the written objection to the obligee or the obligee's representative.

(B) The objection shall be limited to the defense that there is a mistake of
fact such as an error in the identity of the obligor or in the amount of the support.

(C) If the obligor files an objection, the court shall set and hold a hearing
within forty-two days after the date the income assignment was issued. The court
shall deny the objection without hearing if a defense in subsection (3)(a)(VII)(B) of
this section is not alleged.

(D) At a hearing on an objection, the sole issue before the court is whether
there was a mistake of fact as specified in sub-subparagraph (B) of this
subparagraph (VII).

(E) At a hearing on an objection, reasonable attorney fees and costs may be
awarded to the prevailing party.

(F) If an objection is based on the amount of arrears, the income assignment
may be activated and enforced as to current support obligations, and the activation
of the income assignment as to arrears shall be stayed pending the outcome of a
hearing on such objection.

(4) Notice to withhold income for support. (a) Except as provided in
subsection (4)(b) of this section, a notice to withhold income for support must be
served upon the employer, trustee, or other payor of funds by first-class mail or by
electronic service if the employer, trustee, or other payor of funds mutually agrees
with the state child support enforcement agency to receive such income
assignments electronically. Receipt of notice by the employer, trustee, or other
payor of funds confers jurisdiction of the court over the employer, trustee, or other
payor of funds.

(b) A notice to withhold income for support is not required if the obligor's
source of income is unemployment compensation benefits and the custodian of the
child is receiving support enforcement services pursuant to section 26-13-106. In
such cases, the state child support enforcement agency shall electronically
intercept the unemployment compensation benefits through an automated
interface with the department of labor and employment.

(c) A notice to withhold income for support must be provided on a federal
office of management and budget-approved income withholding for support form
and must contain the following information and, except in cases in which the
obligee is receiving child support enforcement services pursuant to section 26-13-106, must include a certified copy of the support order:

(I) The name and social security number of the obligor;

(II) A statement that withholding must begin no later than the first pay
period that begins at least fourteen calendar days after the date on the notice to
withhold income for support;

(III) Instructions concerning withholding the deductions, including:

(A) The amount to be withheld for current support and current maintenance
when included in the child support order, the amount to be withheld for past due
support, the amount to be withheld for past due maintenance when included in the
child support order, the amount to be withheld for child support debt, the amount to
be withheld for medical support, the amount to be withheld for current
maintenance, the amount to be withheld for past due maintenance per month, and
the amount to be withheld for processing fees, if any. In the event that the pay
periods of the employer are more frequent, the employer shall withhold per pay
period an appropriate percentage of the monthly amount due so that the total
withheld during the month will total the monthly amount due.

(B) A statement that the employer, trustee, or other payer of funds may
deduct a fee once a month to defray the cost of withholding and that the employer,
trustee, or other payer of funds shall refer to the laws governing the work state of
the employee for the allowable amount of such fee; and

(C) That, if section 13-54-104 (3) applies, the employer, trustee, or other
payor of funds shall not withhold more than the limitations set by said section;

(IV) Instructions about disbursing the withheld amounts, including the
requirements that each disbursement:

(A) Must be forwarded within seven working days after the date of each
deduction and withholding would have been paid or credited to the employee;

(B) Must be forwarded to the address indicated on the notice;

(C) Must be identified by the remittance identifier, the name of each obligor,
the date the deduction was made, the amount of the payment, and the family
support registry account number for cases ordered to be paid through the family
support registry; and

(D) May be combined with other disbursements in a single payment to the
family support registry, if required to be sent to the registry, if the individual
amount of each disbursement is identified as required by subsection (4)(c)(IV)(C) of
this section;

(V) A statement specifying whether or not the obligor is required to provide
health insurance for the children who are the subject of the order;

(VI) A statement that, if the employer, trustee, or other payor of funds fails to
withhold income as the notice to withhold income for support directs, the employer,
trustee, or other payor of funds is liable for both the accumulated amount that
should have been withheld from the obligor's income and any other penalties set by
state law;

(VII) A statement that the employer, trustee, or other payor of funds is
subject to a fine determined pursuant to state law for discharging an obligor from
employment, refusing to employ an obligor, or taking disciplinary action against an
obligor because of a notice to withhold income for support;

(VIII) A statement that the employer shall notify the family support registry,
in writing, if payments are required to be made through the registry promptly after
the obligor terminates employment and that the employer shall provide the family
support registry, in writing, with the obligor's name; date of separation; case
identifier, which is the family support registry account number; last-known home
address; and the name and address of the obligor's new employer, if known;

(IX) A statement that withholding under the notice to withhold income for
support has priority over any other legal process under state law against the same
income, that federal tax levies in effect before receipt of this notice to withhold
income for support have priority, and that the requesting agency should be
contacted if there are federal tax levies in effect;

(X) A statement that as long as the obligor is employed by the employer, the
income assignment must not be terminated or modified, except upon written notice
by the obligee, the obligee's representative, the delegate child support
enforcement unit, or the court;

(XI) A statement that the employer, trustee, or other payor of funds is
required to report and withhold amounts from lump sum payments such as
bonuses, commissions, or severance pay;

(XII) A statement that Colorado employers, trustees, or other payors of funds
must comply with this section;

(XIII) A statement that, if the designated field on the notice to withhold
income for support is checked, the employer, trustee, or other payor of funds is
required to provide a copy of the notice to withhold income for support to the
obligor; and

(XIV) A statement that a fraudulent submission of a notice to withhold
income for support subjects the person submitting the notice to an employer,
trustee, or other payor of funds to a fine of not less than one hundred dollars and
court costs and attorney fees.

(4.5) When a Colorado employer receives an income assignment, or its
equivalent, issued by another state, the employer shall apply the income
assignment law of the obligor's principal state of employment. The obligor's
principal state of employment shall be presumed to be Colorado unless there is a
specific employment contract to the contrary.

(4.7) Income assignments must be paid through the family support registry
pursuant to section 26-13-114.

(5) When activated, an income assignment shall be a continuing income
assignment and shall remain in effect and shall be binding upon any employer,
trustee, or other payer of funds upon whom it is served until further notice from the
obligee, the obligee's representative, the delegate child support enforcement unit,
or the court.

(6) Priority. (a) A notice of income assignment for support shall have priority
over any garnishment, attachment, or lien.

(b) If there is more than one income assignment for support for the same
obligor, the total amount withheld, which is subject to the limits specified in section
13-54-104 (3), C.R.S., shall be distributed in accordance with the priorities set forth
in this paragraph (b):

(I) (A) First priority shall be given to income assignments for orders for
current monthly child support obligations and maintenance when included in the
child support order.

(B) If the amount withheld is sufficient to pay the current monthly support
and maintenance for all orders, the employer or other payer of funds shall
distribute the amount to all orders and proceed to the second priority to distribute
any remaining withholding. If the amount withheld is not sufficient to pay the
current monthly support and maintenance in all orders, the employer shall add the
current monthly support and maintenance in all orders for a total and then divide
the amount of current monthly support and maintenance in each order by the total
to determine the percent of the total for each order. The percent for each order
derived from such calculation shall be multiplied by the total amount withheld to
determine what proportionate share of the amount withheld shall be paid for each
order.

(II) (A) Second priority shall be given to income assignments for all orders for
medical support when there is a specific amount ordered for medical support.

(B) If the amount withheld is sufficient to pay the medical support for all
orders, the employer shall distribute the amount to all orders and proceed to the
third priority to distribute any remaining withholding. If the amount withheld is not
sufficient to pay the medical support in all orders, the employer shall add the
medical support in all orders for a total and then divide the amount of medical
support in each order by the total to determine the percent of the total for each
order. The percent for each order derived from such calculation shall be multiplied
by the total amount withheld to determine what proportionate share of the amount
withheld shall be paid for each order.

(III) (A) Third priority shall be given to income assignments for child support
debt and support arrears, including medical support arrears.

(B) If the amount withheld is sufficient to pay the child support debt and
support arrears for all orders, the employer shall distribute the amount to all orders
and proceed to the fourth priority to distribute any remaining withholding. If the
amount withheld is not sufficient to pay the child support debt and support arrears
in all orders, the employer shall add the child support debt and support arrears in
all orders for a total and then divide the amount of child support debt and support
arrears in each order by the total to determine the percent of the total for each
order. The percent for each order derived from such calculation shall be multiplied
by the total amount withheld to determine what proportionate share of the amount
withheld shall be paid for each order.

(IV) (A) Fourth priority shall be given to income assignments for orders for
maintenance only.

(B) If the amount withheld is sufficient to pay the maintenance only for all
orders, the employer shall distribute the amount to all orders. If the amount
withheld is not sufficient to pay the maintenance only in all orders, the employer
shall add the maintenance only in all orders for a total and then divide the amount
of maintenance only in each order by the total to determine the percent of the total
for each order. The percent for each order derived from such calculation shall be
multiplied by the total amount withheld to determine what proportionate share of
the amount withheld shall be paid for each order.

(7) No employer, trustee, or other payer of funds who complies with a notice
of income assignment issued pursuant to this section and as provided in subsection
(8) of this section shall be liable to the obligor for wrongful withholding.

(8) An employer, trustee, or other payer of funds subject to this section who:

(a) Fails to abide by the terms enumerated in the notice of income
assignment may be held in contempt of court;

(b) Wrongfully fails to withhold income or distribute payment in accordance
with the provisions of this section is liable for the accumulated amount the
employer, trustee, or other payer of funds should have withheld and not disbursed
from the obligor's income, including, upon personal service pursuant to rule 4 of the
Colorado rules of civil procedure, being subject to the jurisdiction of the court for
purposes of entry of judgment pursuant to sections 13-52-101 to 13-52-111 and rule
54 of the Colorado rules of civil procedure, up to the amount wrongfully withheld
and costs associated with establishing and enforcing the judgment and any other
penalties set by state law;

(c) Discharges, refuses to hire, or takes disciplinary action against an
employee because of the entry or service of an income assignment pursuant to this
section may be held in contempt of court or be subject to a fine.

(9) If an employer discharges an employee in violation of the provisions of
this section, the employee may, within ninety-one days, bring a civil action for the
recovery of wages lost as a result of the violation and for an order requiring the
reinstatement of the employee. Damages recoverable shall be lost wages not to
exceed six weeks, costs, and reasonable attorney fees.

(10) (a) The obligee, the obligee's representative, the delegate child support
enforcement unit, or the court shall promptly notify the employer, trustee, or other
payer of funds, in writing, when an income assignment is modified or terminated.

(b) An income assignment must be modified when:

(I) The support order is modified by the court; or

(II) The arrears payment is modified pursuant to subsection (3)(b)(IV) of this
section.

(c) An income assignment shall be terminated when all current maintenance
when included in the child support order, past due support, past due maintenance
when included in the child support order, child support debt, medical support,
current monthly child support, current maintenance, past due maintenance, and
processing fees, if any, owed under the support order are paid in full.

(11) Disbursements received from the employer, trustee, or other payer of
funds by a delegate child support enforcement unit shall be promptly distributed.

(12) The clerk of the court shall provide, upon request, any information
required by the parties about any support order or any order affecting an order for
support, including judgments and registered orders.

(13) The department of human services is hereby designated as the income
withholding agency as required by the federal Social Security Act, as amended.

(14) This section applies to any action brought under this article or article 5,
6, or 10 of this title or under article 4 or 6 of title 19, C.R.S., or under article 13.5 of
title 26, C.R.S.

(15) Nothing in this section shall affect the availability of any other method
for collecting child support, maintenance, child support when combined with
maintenance, retroactive support, medical support, child support arrears, or child
support debt.

(16) Income assignments under this section shall be issued by a delegate
child support enforcement unit under the provisions of the Colorado
Administrative Procedure Act for the Establishment and Enforcement of Child
Support, created in article 13.5 of title 26, C.R.S.

(16.3) The employer, trustee, or other payer of funds shall include with the
first disbursement an indication of whether dependent health insurance coverage is
available to the obligor and whether the obligor has elected to enroll the
dependents who are the subject of the order in such coverage and that such
information shall be included in a disbursement at least annually thereafter or at
the next disbursement in the event of any change in the status of health insurance
availability or coverage.

(16.5) The employer shall not be required to collect, possess, or control the
obligor's tips, and any such tips shall not be owed by an employer to an obligor.

(16.7) The employer, trustee, or other payer of funds may extract a
processing fee of up to five dollars per month. The total amount withheld, including
the processing fee, is subject to the limits described in section 13-54-104 (3).

(17) For purposes of this section, unless the context otherwise requires,
income means wages as defined in section 14-14-102 (9).

(18) (Deleted by amendment, L. 2000, p. 1704, � 2, effective July 1, 2000.)

(19) A person submitting a fraudulent notice to withhold income for support
to an employer, trustee, or other payor of funds is subject to a fine of not less than
one hundred dollars plus court costs and attorney fees.

Legislative History

Source: L. 96: Entire section added, p. 600, � 12, effective July 1. L. 97: (2)(f), IP(4), (4)(d)(I), (4)(i), and (8)(c) amended and (4.5) and (18) added, p. 1271, � 10, effective July 1. L. 98: (3)(b)(III) amended, p. 766, � 15, effective July 1. L. 99: (2)(f)(II) amended, p. 1085, � 3, effective July 1. L. 2000: (2)(a)(II)(E), IP(4), (4), (8)(b), (10)(c), and (18) amended and (4)(m), (4)(n), (16.3), (16.5), (16.7), and (19) added, pp. 1704, 1708, �� 2, 3, effective July 1. L. 2002: IP(4) amended, p. 23, � 2, effective July 1. L. 2007: (2)(f)(I) amended, p. 108, � 4, effective March 16. L. 2011: IP(4) amended, (SB 11-123), ch. 46, p. 119, � 4, effective August 10. L. 2012: (3)(b)(II)(I), (3)(b)(II)(K), (3)(b)(VII)(A), (3)(b)(VII)(C), IP(4), and (9) amended, (SB 12-175), ch. 208, p. 835, � 38, effective July 1. L. 2021: (2), IP(3), (3)(a)(I), IP(3)(a)(II), (3)(a)(II)(B), (3)(b)(IV), (3)(b)(VII)(A), (3)(b)(VII)(C), (4), and (10)(b) amended, (3)(b)(I), (3)(b)(II), (3)(b)(III), and (3)(b)(V) repealed, and (4.7) added (HB 21-1220), ch. 212, p. 1121, � 4, effective July 1; (19) amended, (SB 21-271), ch. 462, p. 3159, � 161, effective March 1, 2022. L. 2023: (4)(c)(XIV), (8)(b), and (19) amended, (SB 23-173), ch. 330, p.1975, � 5, effective June 2. L. 2025: (4)(c)(II), (4)(c)(III)(B), (4)(c)(IV)(C), and (16.7) amended, (HB 25-1159), ch. 334, p. 1761, � 4, effective May 31.