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If you do not find your answers here, you can also check the State of Colorado Child Support FAQs.
Establishment means getting a legal paternity finding or a child support order.
Paternity means fatherhood. If parents are married, the husband is considered to be the father of children born during the marriage. If parents are not married, it is important that paternity be legally established. Otherwise, the baby has no legal father.
Genetic testing is available at a very reasonable cost through our program. There is no charge if paternity is not established
Not all states establish paternity the same way but, in general, there are two ways in which paternity can be established:
If the father continues to claim he is not the father, he is entitled to a court hearing on the matter. At the hearing, a judge listens to both sides and looks at the test results.
You may seek financial support for your child in order to help pay for necessary living expenses. Under the law, your child is entitled to this support.
The amount of your monthly child support payment is decided by the laws of the state in which you live. Child support orders require that the father provide financial support for his child until the child is 18 years of age (or older depending upon state law).
Federal law requires states to allow a paternity action to be started anytime before the child reaches the age of 18 or later depending upon state law.
Regardless of the father's current situation, his legal responsibility should be established as quickly as possible following your child's birth. His support level (monthly payments) is based on his income level. When the father gets a job, collecting child support will be easier if paternity is already established.
Yes, paternity can be established if the father of your child lives out of state, but it may take more time.
Visitation can often be the first step in a healthy relationship between your child and his or her father, although visitation rights are not automatic with the establishment of paternity.
Visitation terms can be arranged informally between you and the father or set by the court. If there is a disagreement, the court would have to settle the matter.
All parents with minor children who need or are owed child support can apply for services
The non custodial parent's social security number, date of birth, address, name of employer, bank account number, and property holding documents are helpful sources of information.
If you can't find this information and you don't know where the non custodial parent lives or works, the Child Support Unit will attempt to find the non custodial parent through federal, state, and local agencies such as:
Finding a non custodial parent through these sources may take several months depending on the accuracy and reliability of the information you provide. When new information about the non custodial parent's address, employment or other income is identified, this information should be mailed to your child support worker.
All state child support agencies must cooperate with each other in processing requests for non custodial parent locate, paternity, establishment of support and medical orders and enforcement of support and medical orders. Each state has enacted laws under the Uniform Interstate Family Support Act (UIFSA) authorizing establishment and enforcement of child support orders across state lines. When an action is filed in the state of the non custodial parent's residence, the court and the child support unit in that state will pursue action on Colorado's behalf. When a non custodial parent is employed in another state, interstate wage withholding may be requested. In addition to wage withholding, an interstate case is subject to the other enforcement remedies that are available for in-state cases, such as property liens and income tax refund interceptions.
If you are currently receiving TANF, your order will be automatically and periodically reviewed. If you are not receiving TANF, either you or the non custodial parent has the right to request a review of the child support order. Contact your local child support unit for more information.
You will receive the "Order/Notice to Withhold Income for Support" as described in the definitions section of the Employer's Guide to Income Assignment booklet.
No. If you refuse to hire, discipline or discharge an employee because of an income assignment for child support or insurance premiums; you may be cited for contempt of court, which may result in a fine or jail sentence.
Withholding for child support is to begin no later than the first pay period that begins at least 14 working days after the date on the Order/Notice to Withhold Income for Support. This amount must be sent to the address on the order/notice within 7 working days after the date of each deduction and withholding would have been paid or credited to the employee. Failure to withhold the correct amount and remit each payment within the 7 working days can result in legal action being taken against your company.
If you do not withhold income for child support and/or insurance premiums, as specified in the order/notice(s), you may be liable for the full amount, as payments accumulate from the mailing date of the order/notice. You may also be held in contempt of court, which may result in a fine, jail sentence, or a judgment being entered against you.
The withholding remains in effect until you are notified in writing by the Child Support Enforcement (CSE) unit, the obligee, or the obligee's representative, to stop the withholding or of any changes. Only the person or representative that sent the order/notice to withhold income for support can stop the withholding. You may NOT stop the withholding merely because the employee has asked you to do so, or because your calculations indicate the arrears are paid. Failure to withhold may result in your liability for the payments not withheld.
Yes. Colorado law allows you to extract a processing fee of up to $5.00 per month from the remainder of the employee's earnings after the child support has been withheld. Do not deduct the fee from the child support payment. There is no processing fee allowed for the Health Insurance Premium Order/Notice (HIP) or Nation Medical Support Notice (NMSN) withholding.
Send all payments for child support to the address provided on the Order/Notice to Withhold Income for Support. If you receive an order/notice to redirect the payments after receiving the Order/Notice to Withhold Income for Support you must follow the redirect instructions.
You honor the existing Order/Notice to Withhold Income for Support, and/or HIP/NMSN, as the withholdings are continuous.
Child support withholdings TAKE PRIORITY over any other legal process carried out under state law against the same wages. This means that child support must be withheld from disposable income before deductions for other withholding orders are taken, even if the other withholding orders were served first. If the total amount of child support to be withheld does not exceed 25% of the employee's disposable earnings, you may withhold up to the 25% limit for other withholdings. If the amount of child support to be withheld does exceed 25% of the employee's disposable earnings, the other withholding does not receive any money. The only exception is if a federal tax levy is received BEFORE the Order/Notice to Withhold Income for Support.
You must notify the Family Support Registry (FSR) in writing, when the employee terminates employment and you must provide the FSR with the obligor's name, date of separation, case identifier which shall be the family support registry account number, last known home address and the name and address of the obligor's new employer, if known. This information should also be supplied whenever an NMSN is terminated. If a HIP is in force, send the termination notice to the obligee or obligee's representative.
You should keep deducting child support until the CSE unit initiating the income assignment contacts you. Some chapters of bankruptcy include an automatic stay on an income assignment, and some allow continuance of the withholding for current support but not arrearages. You may wish to advise the employee to contact the CSE unit initiating the income assignment.
Yes, a person submitting a fraudulent Order/Notice to Withhold Income for Support shall be subject to a fine of not less than one thousand dollars, court costs and attorney's fees.
You must provide information regarding health insurance. To provide this information, use the form included in the HIP Order/Notice provided by the obligee, obligee's representative to notify them of the:
For the NMSN, supply above information to the obligee and notify the CSE unit that health insurance is being provided.
State law requires that you divide the withholding among the pay periods for the month, but the total amount withheld in a month must equal the monthly amount due as specified on the order/notice. In the event that your pay periods are more frequent than monthly, you 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. You shall forward payments within seven working days after the date of each deduction.
Yes. You can combine all payments going to the FSR in one check. The deductions must include the following information for each income assignment order for each employee. Providing this information will ensure that payments are not delayed due to insufficient information.
Yes. The total amount allowed to be withheld from any employee's paycheck is limited by the consumer credit protection act (CCPA) (Section 13-54-104, C.R.S.) even if the employee has more than one withholding. The limits provided in the CCPA are from 50% to 65% of the employee's disposable earnings. If the total amount due according to the income assignment is less than 50% of the obligor's disposable earnings, submit the amount specified.
However, if the total amount due exceeds 50% of the obligor's disposable income, and the box indicating arrears are over 12 weeks is checked, there are guidelines that must be followed to determine the amount to be withheld and sent.
You should use the tips declared or imputed by the employee to calculate the total income, and base the disposable income on that total. When there is not enough income being paid to the employee to cover the amount on the order/notice, send in the total amount available. You are not responsible for collecting tips from your employee to cover the total amount on the order/notice. There is a sample calculation available in the Employers's Guide to Income Assignment booklet.
If the obligor has more than one income assignment, you must use the following priority scheme to determine how much of the total withholding to send for each income assignment. The FSR is unable to prorate the amounts among multiple income assignments furan employee.
The amount of support is prorated among the income assignments according to the amount due in each priority level. If the employee has sufficient disposable income to cover all of the current support due, deductions remade for current support for all families first. If the disposable income is not sufficient to cover all of the current support due, add the current support amount due for all orders giving a total amount due. Then divide the current support amount due in each order by the total amount due to determine the percent of the total for each order. Multiply the percentage for each order by the disposable income to determine what portion of the disposable income is paid to each family for current support.
If the obligor has disposable income available after all the current support is paid and the income is sufficient to cover all medical orders, deductions for medical support for all families are made second. If the disposable income remaining after all current support is paid is not sufficient to cover medical orders, prorate among the families in the same fashion as for current monthly support.
If the obligor has disposable income available after all current support and medical support is paid, deductions for support debt, child support arrears, retroactive support due, or medical support arrears are deducted third by prorating among the families in the same fashion as for current monthly support and medical support.
If the obligor has disposable income available after the current support, medical support, child support debt, retroactive support due, and child support or medical support arrears are deducted, deductions for maintenance are taken fourth by prorating among the families in the same fashion stated in the prior paragraphs. There are three examples available in the Employers's Guide to Income Assignment booklet.
You must first subtract the tax deferred amount before calculating the amount of taxes to be paid, and then add theta deferred amount back into the income before calculating the maximum amount of child support to be deducted. Child support must be satisfied before any deferment.
Yes, you must provide copies of the Order/Notice to Withhold Income for Support, Health Insurance Premium Order/Notice or the nation medical support notice to the employee when you receive them if the designated field is checked on the order/notice.
The employee needs to direct this request to the agency or person named on the order/notice. You should begin the withholding as instructed in the Order/Notice to Withhold Income for Support.
Instruct the employee to contact the agency or person named on the order/notice. Unless you are notified otherwise by any of these entities, you should proceed with the withholding as ordered.
No, as long as the full amount has been satisfied for the month, you are not required to deduct additional money from these payments.
You will receive one of two forms. A form called the health insurance premium order/notice (HIP) or a form called the national medical support notice (NMSN). The HIP will be sent from the obligee or obligee's representative, whereas the NMSN will be sent by the CSE unit. You do not need to make a withholding for a health insurance premium if you do not offer your employees and their families health insurance. However, you must advise the initiator of the order/notice of the lack of coverage.
Withholding for health insurance premiums is to begin no later than the first pay period that occurs 14 working days after the mailing date of the HIP order/notice and within 40 days for the NMSN. Failure to enroll the child/ren can result in legal action being taken against you.
Health insurance premiums are to be paid directly to the insurance carrier.
The deduction is made after the deduction for taxes and before disposable income is determined.
No. on occasion, an obligor may also be ordered to pay specific amount of money each month toward specific medical costs. These specific medical amounts will be listed separately in the Order/Notice to Withhold Income for Support, and are included in the priority scheme for withholdings (mentioned in #18).
You must, by law, follow the instruction on the HIP order/notice or NMSN. However, you may want to tell the employee to contact the CSE unit.
If it is possible to put "only" the child/ren on the plan, that is adequate. However, most policies require that the employee be on the plan also. In that case, the employee has no choice but to be included in the plan, in order to abide by the court order.
No, it is the employee's responsibility to inform the CSE unit of the change and may request a modification based on the increase in premiums. However, it is your responsibility to notify the obligee or obligee's representative that sent the HIP order/notice or the FSR if the NMSN was issued, when coverage terminates.
By law, the HIP order/notice or NMSN constitutes a "significant life change" and the insurance company must accept enrollment of the child/ren at any time.
The child/ren subject to the order must be enrolled in the least costly plan available to the employee, unless the obligee chooses a plan on behalf of the child(ren) during the processing of the NMSN.
It means least costly to the employee.
Yes. On January 1, 1995, Colorado implemented the uniform interstate family support act (UIFSA). 14-5-501 C.R.S. instructs you to do the following upon receipt of an order/notice to withhold income for support from another state:
Your employee may ask you what options are available to them to contest the order/notice. You must honor the order/notice during this time. According to the law, if the employee contests the validity or enforcement of the order/notice, the obligor shall give notice of the contest to,
Yes. If your company conducts business in another state and the agent for service in that state receives the order/notice, your company must honor the order/notice.
You should follow the income assignment laws of the employee's principal state of employment. 14-14-111.5 (4.5) C.R.S. states "the obligor's principle state of employment shall be presumed to be Colorado unless there is a specific employment contract to the contrary."
No, there is no civil liability to you with regard to withholding child support from the obligor's income.
For more Q&A's, check the State of Colorado Child Support FAQs.