§ 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.

Legislative History

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.