Current through September 17, 2024
The following regulations detail how custodial and
non-custodial parents must comply with Child Support Enforcement in order to
receive benefits.
004.01
PARENTAL COOPERATION. The following regulations detail
who is required to cooperate with Child Support Enforcement and their
requirements.
004.01(A)
CUSTODIAL
PARENT COOPERATION. A natural or adoptive parent must cooperate in
good faith with child support enforcement if such parent is receiving
Supplemental Nutrition Assistance Program benefits, is living with and
exercising parental control over a child under the age of 18, and there is an
absent parent. The recipient may claim good cause as an exception to
cooperation as set forth in this chapter. Individuals will be notified of this
requirement in writing at the time of application and reapplication for
continued Supplemental Nutrition Assistance Program benefits.
004.01(A)(i)
DEEMED
COOPERATION. If the individual is receiving Temporary Assistance
for Needy Families or Medicaid, or assistance from Nebraska Child Support
Enforcement, and has already been determined to be cooperating, or has been
determined to have good cause for not cooperating, the individual is considered
to be cooperating for Supplemental Nutrition Assistance Program
purposes.
004.01(A)(ii)
REQUIREMENTS AND RESPONSIBILITIES. The individual must
cooperate with the State Child Support Agency in establishing paternity of the
child, and in establishing, modifying, or enforcing a support order with
respect to the child and the individual.
004.01(B)
NON-CUSTODIAL PARENT
COOPERATION. A putative or identified parent who does not live
with his or her child who is under the age of 18 must cooperate in good faith
with child support enforcement if such parent is receiving Supplemental
Nutrition Assistance Program benefits. Individuals will be notified of this
requirement in writing at the time of application and reapplication for
continued Supplemental Nutrition Assistance Program benefits.
004.01(B)(i) DEEMED COOPERATION. If the
individual is receiving Temporary Assistance for Needy Families or Medicaid, or
assistance from Nebraska Child Support Enforcement, and has already been
determined to be cooperating, or the Department has determined an exception
applies under 7 CFR §
273.11 for not cooperating, the individual is
considered to be cooperating for Supplemental Nutrition Assistance Program
purposes.
004.01(B)(ii)
REQUIREMENTS AND RESPONSIBILITIES. The individual must
cooperate with the State Child Support Agency in establishing paternity of the
child, and in establishing, modifying, or enforcing a support order with
respect to the child and the individual.
004.02
FEES FOR SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM RECIPIENTS. Supplemental Nutrition
Assistance Program recipients subject to the cooperation provisions of this
Chapter shall not be required to pay a fee or other cost for services provided
under Part D of Title IV of the Social Security Act.
004.03
INDIVIDUAL
DISQUALIFICATION. If the Department determines that the custodial
or non-custodial parent has refused to cooperate, then that individual shall be
ineligible to participate in the Supplemental Nutrition Assistance Program.
Refusal to cooperate is when an individual has demonstrated an unwillingness to
cooperate as opposed to an inability to cooperate.
004.04
GOOD CAUSE.
In order to show good cause for failing or refusing to cooperate, a recipient
must demonstrate that:
(i) Cooperation is
likely to result in physical or emotional harm to the child;
(ii) Cooperation is likely to result in
physical or emotional harm to the custodial party with whom the child is living
which reduces the capacity to care for the child adequately;
(iii) The child was conceived as a result of
incest or forcible rape;
(iv) Court
proceedings are pending for the adoption of the child except in the case of
stepparent adoption; or
(v) The
custodial party is contemplating placing the child for adoption and has been
working with an agency for this purpose not more than three months.
004.04(A)
NOTICE OF GOOD
CAUSE. Upon receiving notice of a claim of good cause for failure
to cooperate, all activities to establish paternity or secure support will be
suspended until the Department makes a final determination whether good cause
exists. Assistance will not be denied, delayed, or discontinued pending a
determination of good cause for refusal to cooperate if the applicant or
recipient has complied with the requirements to furnish corroborative evidence
and information.
004.05
CORRABORATING EVIDENCE. Within 20 days of claiming
good cause for failing or refusing to cooperate, a recipient must provide
corroborating evidence. Additional time may be granted in the sole discretion
of the Department. Corroborating evidence includes, but is not limited to:
(i) Birth certificates, medical records, or
law enforcement records that indicate that the child was conceived as the
result of incest or forcible rape;
(ii) Court documents or other records that
indicate that legal proceedings for adoption are pending;
(iii) Court, medical, criminal, child
protective services, social services, psychological, or law enforcement records
that indicate that the alleged father or noncustodial party might inflict
physical or emotional harm upon the custodial party or the child;
(iv) Medical records that indicate emotional
health history and present emotional health status of the custodial party or
the child, or written statements from a mental health professional indicating a
diagnosis or prognosis concerning the emotional health of the custodial party
or the child;
(v) A written
statement from a public or private agency confirming that the custodial party
is being assisted in resolving the issue of whether to give up the child for
adoption; or
(vi) Sworn statements
from individuals, including but not limited to, friends, neighbors, relatives,
clergy, social workers, and medical professionals who might have knowledge of
the circumstances providing the basis of the good cause
claim.
004.06
DETERMINATION OF GOOD CAUSE. The recipient will be
notified in writing whether the Department has determined good cause exists. As
long as good cause exists, no actions will be taken to establish paternity or
secure support unless the Department determines that support enforcement may
proceed without the participation of the recipient, caretaker, or other
relative. If such a determination is made, the recipient, caretaker, or other
relative will not be required to be involved with any undertaking to establish
paternity or secure support.
004.07
EFFECT OF GOOD CAUSE DETERMINATION. The good cause
determination extends to all parties involved in the case. If the Department
determines that good cause exists, IV-D services will not be provided to any
party to the case unless the Department determines that support enforcement may
proceed without the participation of the recipient, caretaker, or other
relative who showed good cause.
004.08
SANCTIONS FOR FAILURE TO
COOPERATE. Failure to cooperate in good faith can result in
sanctions being imposed by the Department relating to receiving public
assistance, discontinuation of IV-D services, or both.
004.09
ENTIRE HOUSEHOLD NOT
DISQUALIFIED. Any disqualification related to child support
cooperation shall not apply to the entire household. The income and resources
of the disqualified individual shall be handled in accordance with
7 CFR §
273.11.
004.10
RIGHTS AND OBLIGATIONS
UNDER FEDERAL LAW. All requirements for cooperation with child
support enforcement by custodial parents and non-custodial parents shall be in
accordance with 7 CFR §
273.11.
