Colorado Code § 26-13-108

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

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