Cooperation in Obtaining Support 400-19-70-25

(Revised 6/1/10 ML #3218)

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(N.D.A.C. 75-02-01.2-33)

 

A custodian is an individual who has custodial responsibility for a deprived child. A custodian is required to cooperate with the county social service office and with state and other county personnel who have been assigned responsibility for Child Support Enforcement. Normally, a custodian is a caretaker relative. The custodian may or may not have legal custody of the child(ren), but it is the custodian who has physical custody and is related to the child(ren) within the proper degree for TANF household purposes who is required to cooperate. In multi-generational TANF households, more than one individual will have custodial responsibility for deprived children .

 

Cooperation from a custodian is required with respect to any person on whose behalf a TANF benefit is being applied for or received, and includes:

  1. Identifying and assisting in locating the absent parent of a child;
  2. Establishing the paternity of a child born out of wedlock;
  3. Obtaining support payments for such caretaker and/or child; and
  4. Obtaining any other payments or property due such applicant or recipient.

 

Cooperation on the part of the custodian may include the following:

  1. Appearing at the County Social Service office, Child Support Enforcement office, or State's Attorney office, as necessary, to furnish verbal or written information or documentary evidence known to or possessed (or reasonably obtainable) by the custodian which is essential to obtaining support. This includes assisting in establishing a child's paternity.
  2. Appearing as a party to or witness at court or other hearings or proceedings necessary to achieve the objectives of Child Support Enforcement.
  3. Providing information or attesting to the lack of information, under penalty of perjury. This includes completing and returning paperwork to Child Support Enforcement within the timeframes requested.
  4. Submitting any support payments received by the custodian on behalf of the child(ren) or adult in the TANF benefit to Child Support Enforcement after support rights have been assigned and to which they are not entitled.  This includes signing and abiding by a repayment agreement relating to the recovery of support erroneously retained.
  5. Appearing for a scheduled genetic testing appointment and submitting to such testing.

 

The efforts of the Child Support Enforcement program to establish paternity and secure support will be consistent with the best interests of the child. The requirement for cooperation is normally satisfied when Child Support Enforcement has reason to believe that the information provided represents all relevant information known or possessed by the custodian.