Effect of Good Cause and Changes in Participation on Child Support Division Sanctions 400-19-95-20

(Revised 1/1/17 ML #3482)

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If the custodian claims ‘good cause’ (See Section 400-19-70-30, 'Good Cause' for Refusing to Cooperate) or their participation code changes to ST or MP after receipt of non-cooperation from the Child Support Division, the Sanction must be:

  1. Deleted if the claim is received or the participation code change occurs prior to the sanction effective date or in the Sanction Penalty Month; or

Note: The TANF Eligibility Worker must contact the Help Desk for assistance to delete the sanction.

  1. Ended the last day of the month prior to the month in which the claim was received or the participation code change occurs if the claim was received or participation code changed after the Sanction Penalty Month.  

Once a ‘good cause’ decision is rendered:

  1. If the claim of ‘good cause’ is denied, the sanction must be imposed effective the first day of the month following the month of the determination.

Note: The TANF Eligibility Worker must contact the Help Desk for assistance to impose the sanction.

  1. If the claim of ‘good cause’ is approved:
  1. For the month prior to the Sanction Penalty Month, the sanction must not be imposed and the individual will remain eligible if all other factors of eligibility are met.

Note: Since the automated computer system creates the Child Support Division sanctions, the TANF Eligibility Worker must contact State TANF Policy for approval to delete the sanction.

  1. For the Sanction Penalty Month, the individual remains sanctioned for Child Support (DM) and the sanction must be ended the last day of the Sanction Penalty Month.  

Note: The TANF Eligibility Worker must update the Cooperation Code to ‘Good Cause’ on the Child Support Cooperation/Paternity Window off of the Absent Parent Maintenance Window, and End the Child Support sanction on the Update Sanctions Window with an end date equal to the last day of the Sanction Penalty Month, thus preventing the case from closing due to Sanction Progression.

  1. For the Month of Ineligibility, the individual must serve the one month of ineligibility and the sanction must be Ended the last day of the Month of Ineligibility.  

Note: The TANF Eligibility Worker must update the Cooperation Code to ‘Good Cause’ on the Child Support Cooperation/Paternity Window off of the Absent Parent Maintenance Window, and End the Child Support sanction on the Update Sanctions Window with an End date equal to the last day of the Month of Ineligibility.  

 

An individual who is not a parent but is a caretaker within the 5th degree of relation cannot avoid the effects of a sanction by electing to ‘opt out’ of receiving TANF benefits.