Colorado Code
Article 14 - Child Support Enforcement Procedures
§ 14-14-111.5. Income Assignments for Child Support or Maintenance

(B) Unless an income assignment is required to be immediately activated pursuant to subsection (3)(a)(I)(A) of this section, or the income assignment is not subject to immediate activation pursuant to subsection (3)(a)(II) of this section, an income assignment may be immediately activated by the obligee, the obligee's representative, or the delegate child support enforcement unit by causing a notice to withhold income for support to be served upon the employer, trustee, or other payor of funds pursuant to subsection (4) of this section.
(II) Exceptions to immediate activation of income assignments. Income is not subject to immediate activation of an income assignment pursuant to this subsection (3)(a) in any case in which:

(IV) Agreement to activate. When an income assignment is activated pursuant to this subsection (3) and arrears are owed, as verified by the affidavit of arrears, the parties may agree to an amount of payment on the arrears, or the court or delegate child support enforcement unit may determine an appropriate amount for payment.
(V) Repealed.
(VI) A payment on arrears, plus interest, for support, if any, shall be included in an activated income assignment; however, the combined payment on current support and arrears is subject to section 13-54-104 (3), C.R.S.
(VII) Objections to income assignment. (A) The obligor may file with the court a written objection to the activation of an income assignment pursuant to this subsection (3) no later than fourteen days after actual notice. The obligor shall mail a copy of the written objection to the obligee or the obligee's representative.
(B) The objection shall be limited to the defense that there is a mistake of fact such as an error in the identity of the obligor or in the amount of the support.

(4.5) When a Colorado employer receives an income assignment, or its equivalent, issued by another state, the employer shall apply the income assignment law of the obligor's principal state of employment. The obligor's principal state of employment shall be presumed to be Colorado unless there is a specific employment contract to the contrary.
(4.7) Income assignments must be paid through the family support registry pursuant to section 26-13-114.

(16.3) The employer, trustee, or other payer of funds shall include with the first disbursement an indication of whether dependent health insurance coverage is available to the obligor and whether the obligor has elected to enroll the dependents who are the subject of the order in such coverage and that such information shall be included in a disbursement at least annually thereafter or at the next disbursement in the event of any change in the status of health insurance availability or coverage.
(16.5) The employer shall not be required to collect, possess, or control the obligor's tips, and any such tips shall not be owed by an employer to an obligor.
(16.7) The employer, trustee, or other payer of funds may extract a processing fee of up to five dollars per month from the remainder of the obligor's income after the deduction and withholding.

(19) [ Editor's note: This version of subsection (19) is effective March 1, 2022. ] A person submitting a fraudulent notice to withhold income for support to an employer, trustee, or other payor of funds commits a civil infraction.

Source: L. 96: Entire section added, p. 600, § 12, effective July 1. L. 97: (2)(f), IP(4), (4)(d)(I), (4)(i), and (8)(c) amended and (4.5) and (18) added, p. 1271, § 10, effective July 1. L. 98: (3)(b)(III) amended, p. 766, § 15, effective July 1. L. 99: (2)(f)(II) amended, p. 1085, § 3, effective July 1. L. 2000: (2)(a)(II)(E), IP(4), (4), (8)(b), (10)(c), and (18) amended and (4)(m), (4)(n), (16.3), (16.5), (16.7), and (19) added, pp. 1704, 1708, §§ 2, 3, effective July 1. L. 2002: IP(4) amended, p. 23, § 2, effective July 1. L. 2007: (2)(f)(I) amended, p. 108, § 4, effective March 16. L. 2011: IP(4) amended, (SB 11-123), ch. 46, p. 119, § 4, effective August 10. L. 2012: (3)(b)(II)(I), (3)(b)(II)(K), (3)(b)(VII)(A), (3)(b)(VII)(C), IP(4), and (9) amended, (SB 12-175), ch. 208, p. 835, § 38, effective July 1. L. 2021: (2), IP(3), (3)(a)(I), IP(3)(a)(II), (3)(a)(II)(B), (3)(b)(IV), (3)(b)(VII)(A), (3)(b)(VII)(C), (4), and (10)(b) amended, (3)(b)(I), (3)(b)(II), (3)(b)(III), and (3)(b)(V) repealed, and (4.7) added (HB 21-1220), ch. 212, p. 1121, § 4, effective July 1; (19) amended, (SB 21-271), ch. 462, p. 3159, § 161, effective March 1, 2022.
Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
Cross references: For the legislative declaration contained in the 1997 act amending subsection (2)(f), the introductory portion to subsection (4), and subsections (4)(d)(I), (4)(i), and (8)(c) and enacting subsections (4.5) and (18), see section 1 of chapter 236, Session Laws of Colorado 1997.