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 26-13-108 - Recovery of public assistance paid for child support and maintenance - interest collected on support obligations - designation in annual general appropriations act

(1)
Whenever the state department, a county department or its authorized agent, or a district attorney recovers any amounts of support for public assistance recipients, such amounts shall be deposited in the county social services fund, and, if such support is used to reimburse public assistance paid in accordance with federal law, the federal government is entitled to a share in accordance with applicable federal law, the county is entitled to a share in accordance with state law, and the state is entitled to the remaining share. The state may redirect all or a portion of the state's share to the county pursuant to section
26-13-112.5
. The general assembly shall designate in a footnote in the annual general appropriations act the portion of the state's share that is redirected to the counties. Costs and expenses reasonably and necessarily incurred by the office of district or county attorney, as contractual agent for a county department, in carrying out the provisions of this article 13 must be billed to county departments of human or social services or a county department of human or social services within the judicial district for the actual cost of services provided. Each county shall make an annual accounting to the state department on all amounts recovered.
(2)
(Deleted by amendment, L. 97, p. 1294, § 37, effective July 1, 1997.)
(3)
(a)
Effective July 1, 2000, through December 31, 2016, a county may pay families that are eligible for temporary assistance for needy families, pursuant to part 7 of article
2
of this title, an amount that is equal to the state and county share of child support collections as described in subsection (1) of this section. Such payments shall not be considered income for the purpose of grant calculation. However, such income shall be considered income for purposes of determining eligibility. If a county chooses to pay child support collections directly to a family that is eligible for temporary assistance for needy families, pursuant to part 7 of article
2
of this title, the county shall report such payments to the state department for the month in which the payments are made and shall indicate the choice of this option in its performance contract for Colorado works.
(b)
(I)
Except as provided in section
26-2-108 (1)(b)(II)(B)
, effective January 1, 2017, a county shall pay families that are eligible for temporary assistance for needy families, pursuant to part 7 of article
2
of this title, an amount that is equal to the amount of current child support collections as described in subsection (1) of this section. Such payments shall not be considered income for purposes of calculating the basic cash assistance grant pursuant to part 7 of article
2
of this title. However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility. The county shall report to the state department the amount of the child support payments for the month in which the payments are made.
(II)
The state department shall annually report to the joint budget committee the amount of child support collected and paid by the counties to families that are eligible for temporary assistance for needy families, pursuant to part 7 of article
2
of this title.
(4)
Any interest collected on support obligations pursuant to the "Colorado Child Support Enforcement Procedures Act", article
14
of title
14
, C.R.S., which support obligations were due to recipients receiving assistance under the Colorado works program, as described in part 7 of article
2
of this title, shall be deposited in the county social services fund and shall be distributed in accordance with the provisions of this section.
Amended by 2018 Ch. 38, § 136, eff. 8/8/2018.
Amended by 2015 Ch. 282, § 4, eff. 8/5/2015.
L. 79: Entire article added, p. 642, § 5, effective June 7. L. 82: Entire section amended, p. 283, § 13, effective April 2. L. 90: Entire section amended, p. 1411, § 4, effective June 8. L. 92: (2) amended, p. 211, § 15, effective August 1. L. 97: Entire section amended, p. 1294, § 37, effective July 1. L. 2000: (3) amended, p. 1711, § 8, effective July 1. L. 2003: (4) added, p. 1271, § 63, effective July 1. L. 2008: (1) amended, p. 1349, § 6, effective July 1. L. 2012: (1) amended, (SB 12-113), ch. 33, p. 128, § 1, effective July 1. L. 2015: (3) amended, (SB 15-012), ch. 285, p. 1155, § 4, effective August 5. L. 2018: (1) amended, (SB 18-092), ch. 38, p. 452, § 136, effective August 8.
For the legislative declaration contained in the 1997 act amending this section, see section 1 of chapter 236, Session Laws of Colorado 1997. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.