(1) In lieu of section 5-16-109, the following verification provisions shall apply to the collection of child support by a collector:
(a) 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, the collector shall send the obligor a written notice containing the following:
(I) The name of the obligee;
(II) A statement of the amount of the child support arrears, including any associated interest, late payment fee, or other charge authorized by law, and of the amount of the current child support owed by the obligor to the obligee;
(III) A statement that the collector assumes that the obligor owes child support to the obligee and that the amounts owed as described in the statement pursuant to subsection (1)(a)(II) of this section are correct, unless the obligor disputes the existence or amount of the child support obligation within thirty days after receipt of the notice;
(IV) A statement that if, within the thirty-day period described in subsection (1)(a)(III) of this section, the obligor notifies the collector in writing that the obligor disputes the existence or amount of the child support obligation, the collector will cease efforts to collect the child support, subject to subsection (1)(b) of this section, until the collector:
(A) Obtains written verification of the existence or amount of the obligation or a copy of the judgment against the obligor; and
(B) Mails to the obligor a copy of the verification or judgment; and
(V) A statement that the arrears balance reflected does not include any amounts owed to a county delegate child support enforcement unit or state agency administering a state plan approved under Title IV-D of the federal Social Security Act, as amended.
(b) A statement made by a collector pursuant to subsection (1)(a)(IV) of this section shall not affect the enforceability of a valid income-withholding order or assignment issued by an appropriate authority under state law for child support collection purposes.
(c) The failure of an obligor to dispute the amount or existence of child support pursuant to subsection (1)(a)(IV) of this section shall not be construed as an admission of liability by the obligor.
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1111, � 2, effective August 9.
Editor's note: This section is similar to former � 12-14.1-108 as it existed prior to 2017.
5-17-109. Cancellation or termination of private child support enforcement service contract. (1) 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 notice by the collector. If the notification of cancellation is received by the collector subsequent to the thirty-day time period following the signing of the contract, the notification shall be valid if post-marked within the thirty-day time period.
(2) Subject to the provisions of subsection (3) of this section, a private child support enforcement service contract may provide that, notwithstanding the cancellation of the contract by the obligee, the collector shall have the right to receive a fee for arrears collected under the contract if, as a result of the efforts of the collector, the obligee subsequently receives child support arrears or interest subject to collection pursuant to the contract. No other fees or costs shall be assessed for the cancellation of the contract.
(3) An obligee shall have no obligation pursuant to the private child support enforcement service contract if:
(a) The obligee cancels the contract:
(I) At any time before midnight of the thirtieth business day after signing the contract; or
(II) After any twelve consecutive months in which the private child support collector fails to make a collection; or
(b) The collector violates this article 17 with respect to the contract.
(4) A contract shall terminate without action by either party when the contract amount has been collected.
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1112, � 2, effective August 9.
Editor's note: This section is similar to former � 12-14.1-109 as it existed prior to 2017.