Non-Cooperation with Child Support Division 400-19-70-40

(Revised 9/1/2021 ML #3629)

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If the Child Support Division notifies the eligibility worker of the custodian’s failure to cooperate, the eligibility worker must use this information when determining the custodian’s eligibility for assistance.

 

A custodian who refuses to cooperate with the Child Support Division is ineligible to receive TANF and a sanction will be imposed. If the custodian continues to refuse to cooperate, the sanction will progress to case closure. The custodian has the right to appeal that decision. (See Section 400-19-95, Sanctions for Non-Compliance with Child Support.)

 

Children age 16 or older who are not attending school full time are subject to the four (4) months of Pay After Performance (PAP) requirements and are excluded from TANF. A referral is not made to Child Support Division until the child meets the Work Requirement and is determined eligible for TANF. If a Child Support Division non-cooperation alert is received for a child who is excluded from TANF due to Pay after Performance, the custodian of the excluded child cannot be sanctioned.

 

If the child’s custodian has not cooperated with the Child Support Division at the time the child is no longer subject to PAP requirements, a Child Support Division sanction must be imposed effective with the first month the child is no longer subject to the PAP requirements.

 

If the child for whom the custodian is not cooperating leaves the household, the sanction must be ended effective the last day of the month the child left the household.