The general assembly finds and determines that, to ensure that families receive the maximum amount of child support established by court or administrative order, additional consumer protections are needed for parents entitled to receive child support who contract with private collection agencies for the collection of child support. Source: L. 2017: Entire article added with […]
As used in this article 17, unless the context otherwise requires: “Arrears” or “arrearages” shall have the same meaning as provided in section 26-13.5-102 (2). “Child support” means any amount required to be paid pursuant to a judicial or administrative child support order. “Child support debt” shall have the same meaning as provided in section […]
Except as otherwise provided by the particular provisions of this article 17, this article 17 supplements the requirements of the “Colorado Fair Debt Collection Practices Act”, article 16 of this title 5, including but not limited to prohibited practices, licensing, and administrative and legal enforcement as it is applied to private child support collectors. Article […]
A collector may not engage in any fraudulent, unfair, deceptive, or misleading act or practice in soliciting an obligee to enter into a contract for the provision of child support enforcement services or in offering or performing a service pursuant to such a contract, including but not limited to the following: Imposing a fee or […]
A private child support collector may not charge an obligee a fee unless: Before the obligee authorizes the fee, the amount of the fee, including the basis upon which the amount of the fee is calculated, is described accurately to the obligee in simple, easy-to-understand language; and Before the obligee incurs the fee, the obligee […]
In order to perform a child support enforcement service for an obligee, a collector shall enter into a written private child support enforcement service contract that: Meets the requirements of this section; Has been delivered to the obligee in a form that the obligee may keep; Is dated and signed by the obligee and an […]
A collector shall, on a monthly basis, provide to the obligee an accurate and up-to-date accounting that meets the requirements of rules promulgated by the administrator under section 5-17-113. The accounting shall be provided to the obligee by mail, telephone, or secure internet connection. The obligee shall request in writing the preferred method that the […]
In lieu of section 5-16-109, the following verification provisions shall apply to the collection of child support by a collector: Not later than five days after a collector initially communicates with an obligor on behalf of an obligee with respect to the collection of child support due, unless the obligor has paid the child support, […]
An obligee may cancel a private child support enforcement service contract with a collector at any time within thirty days of signing the contract or after any twelve consecutive months in which the collector fails to make a collection. The notification of cancellation shall be in writing and shall be effective upon receipt of the […]
The provisions of section 5-16-113, with the exception of the statute of limitations set forth in section 5-16-113 (5), shall apply to any violation of this article 17 and are in addition to and not exclusive of any other remedies provided by law. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, […]
This article 17 shall be enforced by the administrator, as defined in section 5-16-103 (1), and may be enforced as provided in article 16 of this title 5. Except as otherwise provided in or limited by this article 17, all rules adopted pursuant to section 5-16-114 shall apply to this article 17. Source: L. 2017: […]
An action to enforce any liability under this article 17 may be brought before the later of: The end of the five-year period beginning on the date of the occurrence of the violation involved; or In a case in which a collector willfully misrepresents any information that the collector is required by any provision of […]
The administrator shall promulgate rules related to the notice required to be provided to the obligee in section 5-17-106 (2) and the accounting required to be provided in section 5-17-107. The notice required by section 5-17-106 (2) shall, at a minimum, address the following: The option that child support collection services are offered at minimal […]
