(1) The state child support
enforcement agency may issue a notice of administrative lien and attachment to
any person, insurance company, or agency providing workers' compensation
insurance benefits for any employer to attach workers' compensation benefits of an
obligor who is responsible for the support of a child on whose behalf the obligee is
receiving support enforcement services from the state's child support enforcement
agency pursuant to this article. The notice shall include the following statements
and information:
(a) The name and address of the person, insurance company, or agency
providing workers' compensation insurance benefits;
(b) The name, last-known address, and social security number of the obligor;
(c) The total amount owed for child support obligations, arrearages for child
support, and child support debt;
(d) The percentage of benefits or the actual amount to be withheld from
each payment;
(e) A statement that the notice of administrative lien and attachment is to
take effect no later than the first payment after receipt of the notice;
(f) A statement that the person, insurance company, or agency providing
workers' compensation insurance benefits may not withhold more than the
limitations set forth in section 13-54-104 (3), C.R.S.;
(g) A statement that if more than one notice of administrative lien and
attachment is received for the same obligor, the priorities set forth in subsection (2)
of this section shall apply;
(h) Instruction on the disbursement of the withheld amounts, including the
requirements that each disbursement:
(I) Shall be forwarded to the address indicated on the notice;
(II) Shall be forwarded within ten days after the date of each deduction and
withholding;
(III) Shall be identified by the case number, the family support registry
account number, and the name and social security number of each obligor and shall
identify the date the deduction was made and the amount of the payment;
(IV) May be combined with other disbursements in a single payment to a
single court or to the family support registry, if required to be sent to the registry, if
the individual account of each disbursement is identified, as required by
subparagraph (III) of this paragraph (h);
(i) A statement that compliance with the notice of administrative lien and
attachment shall not subject the person, insurance company, or agency providing
workers' compensation insurance benefits to liability to the obligor for wrongful
withholding;
(j) A statement that noncompliance with the notice of administrative lien and
attachment may subject the person or insurance company providing workers'
compensation insurance benefits to liability and sanctions. If any person or
insurance company providing workers' compensation insurance benefits wrongfully
fails to deduct and withhold benefits in accordance with the provisions of this
section, it may be held liable for an amount up to the accumulated amount such
person or insurance company should have withheld from the obligor's benefits.
(k) A statement that, as long as the obligor is receiving workers'
compensation benefits, the notice of administrative lien and attachment shall not
be terminated or modified, except upon written notice by the state child support
enforcement agency.
(2) An administrative lien and attachment for the collection from workers'
compensation benefits for current child support, child support debt, retroactive
child support, child support arrearages, or child support when combined with
maintenance shall be continuing and shall have priority over any garnishment, lien,
or wage assignment other than a notice previously served pursuant to this
subsection (2) or a wage assignment activated pursuant to section 14-14-107 or 14-14-111, C.R.S., as those sections existed prior to July 1, 1996, or section 14-14-111.5,
C.R.S. Such administrative lien and attachment shall require the person, insurance
company, or agency providing workers' compensation insurance benefits to
withhold, pursuant to section 13-54-104 (3), C.R.S., the portion of earnings subject
to attachment at each succeeding disbursement interval until such amount is
satisfied or the attachment is released in writing by the state child support
enforcement agency.
(3) In order to attach and collect workers' compensation income for current
child support, child support debt, retroactive child support, medical support, child
support arrearages, or child support when combined with maintenance, the state
child support enforcement agency is authorized to serve, by first-class mail or by
electronic means if mutually agreed upon, a notice of administrative lien and
attachment on any person, insurance company, or agency holding workers'
compensation benefits that are owed to an obligor. A copy of the administrative lien
and attachment shall be provided to the obligor and shall include information on the
obligor's right to object to the administrative lien and attachment and to request an
administrative review pursuant to the rules of the state board.
(4) At the time a claim for workers' compensation benefits is filed, the
employee shall be notified that if a child support obligation is owed, benefits may
be attached and payment of the child support obligation may be withheld and
forwarded to the obligee.
(5) For purposes of this section, insurance company includes Pinnacol
Assurance.
(6) Subsections (2) and (3) of this section shall apply to all child support
obligations ordered as part of any proceeding, regardless of when the order was
entered, and all such child support obligors shall be subject to notice of
administrative lien and attachment as described in subsections (2) and (3) of this
section.