§ 26-13-122.5 — Administrative lien and attachment of inmate bank accounts

Colorado § 26-13-122.5

• Jurisdiction: Colorado
• Title 26: Human
• Art.: Child Support Enforcement Act

Text

(1) The state child support enforcement agency or the delegate child support
enforcement unit may issue a notice of administrative lien and attachment, only
when such notice is prescribed and approved by the state child support
enforcement agency, to the department of corrections or its agent having custody
or control of inmate bank accounts in order to withhold funds from the bank
account of a state inmate, as defined in section 17-1-102 (8), C.R.S., who is an obligor
responsible for the support of a child or children on whose behalf the obligee is
receiving support enforcement services from the state child support enforcement
agency or a delegate child support enforcement unit pursuant to this article or who
is an obligor responsible for the payment of maintenance or maintenance when
combined with child support and the obligee is receiving support enforcement
services from the state child support enforcement agency or a delegate child
support enforcement unit pursuant to this article.

(2) A copy of the administrative lien and attachment shall be provided to the
obligor by the department of corrections or its agent 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.

(3) The notice of administrative lien and attachment shall contain:

(a) The name and address of the correctional facility or entity that withholds
funds from inmate bank accounts;

(b) The name and social security number of the inmate and the name of the
correctional facility in which the inmate is incarcerated;

(c) The total amount owed for current monthly child support, current
maintenance when combined with child support, current maintenance, past due
child support, past due maintenance when combined with child support, past due
maintenance, child support debt, retroactive child support, or medical support;

(d) The amount or percentage of funds to be withheld monthly from inmate
bank accounts, which amount or percentage shall not be less than fifty percent of
the total amount withheld pursuant to section 16-18.5-106 (2), C.R.S.;

(e) A statement that the notice of administrative lien and attachment is to
take effect no later than forty-five days after receipt of the notice by the
department of corrections;

(f) 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 (4)
of this section shall apply;

(g) Instruction on the disbursement of the withheld amounts, including the
requirements that each disbursement:

(I) Shall be forwarded to the family support registry;

(II) Shall be forwarded within ten calendar 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 the obligor and shall
identify the date the deduction was made and the amount of the payment;

(h) A statement that compliance with the notice of administrative lien and
attachment shall not subject the department of corrections or its agent to liability
to the obligor for wrongful withholding of funds;

(i) A statement that, as long as the obligor is incarcerated and has an
obligation pursuant to paragraph (c) of this subsection (3), the notice of
administrative lien and attachment shall not be terminated or modified, except
upon written notice by the state child support enforcement agency or the delegate
child support enforcement unit, unless the inmate is indigent according to
department of corrections guidelines.

(4) An administrative lien and attachment for the collection from inmate
bank accounts of current monthly child support, current maintenance when
combined with child support, current maintenance, past due child support, past due
maintenance when combined with child support, past due maintenance, child
support debt, retroactive child support, or medical support shall be continuing and
shall have priority over any garnishment, lien, or wage assignment other than a
notice previously served pursuant to subsection (1) of this section 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. In order to attach
inmate bank accounts 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 or the
delegate child support enforcement unit is authorized to serve, by first-class mail or
by electronic service, a notice of administrative lien and attachment on the
department of corrections or its agent to withhold funds of an obligor.

(5) Subsections (1), (2), and (3) of this section shall apply to all child support
obligations, maintenance when combined with child support, maintenance
obligations, retroactive child support obligations, and medical support obligations
ordered as a part of any proceeding, regardless of when the order was entered, and
all such obligors shall be subject to notice of administrative lien and attachment as
described in subsections (1), (2), and (3) of this section.

Legislative History

Source: L. 2000: Entire section added, p. 1711, � 9, effective September 1. L. 2004: (3)(d) and (4) amended, p. 388, � 8, effective July 1.