§ 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.

Legislative History

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.