2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-122.3 - Administrative lien and levy of accounts held by financial institutions - definitions

(1)
For purposes of this section, unless the context otherwise requires:
(a)
"Account" has the same meaning as defined in section
26-13-128(7)(a)
.
(b)
"Financial institution" has the same meaning as defined in section
26-13-128(7)(b)
.
(2)
The state child support enforcement agency may issue a notice of administrative lien and levy to any financial institution or its agent holding an obligor parent's account or accounts identified pursuant to section
26-13-128
. The administrative lien and levy may be issued when 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 13 is past due on child support obligations. The notice must include the following statements and information:
(a)
The name and address of the financial institution holding an obligor parent's financial account or accounts;
(b)
The obligor's name, last-known address, and social security number except where other identifying information may be provided in lieu of a social security number;
(c)
The total amount owed for past-due child support as identified by the state as provided in section
26-13-128(2)(c)
;
(d)
A statement that the notice of administrative lien and levy takes effect upon the receipt by the financial institution of the notice;
(e)
Instructions on the remittance of the withheld or surrendered amounts, including the requirement that each check or remittance:
(I)
Be payable to the family support registry and sent to the address indicated in the notice;
(II)
Be surrendered within thirty days after the date of notice of lien and levy; and
(III)
Include the family support registry action number on the face of the check or remittance;
(f)
A statement that, if no funds are available for surrender, the financial institution shall return the remittance notice within thirty days after the date of the notice of lien and levy; and
(g)
A statement that the administrative lien and levy is automatically inactivated once the financial institution has returned the remittance notice or surrendered the funds held by the financial institution.
(3)
In order to attach and collect funds in a financial account identified pursuant to section
26-13-128
for past-due child support, 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 levy on any financial institution or its agent that holds the obligor parent's account or accounts. A copy of the administrative lien and levy must be provided to the obligor and must include information on the obligor's and, if applicable, a joint account holder or holders', right to file an applicable exception, exemption, or appeal, including but not limited to, custodial accounts pursuant to section
11-50-110
, the earnings limitations set forth in section
13-54-104(3)
, and the appeal policy for jointly owned or shared accounts.
(4)
Subsection (3) of this section applies to all past-due child support obligations ordered as part of any proceeding, regardless of when the order was entered, and all such child support obligors are subject to notice of administrative lien and levy as described in subsection (3) of this section.
Added by 2019 Ch. 270,§ 6, eff. 7/1/2019.
L. 2019: Entire section added, (HB 19-1215), ch. 2554, p. 2554, § 6, effective July 1.