Current through February 26, 2024
(1) COOPERATION
REQUIREMENTS.
(a)
Custodial
parent. Unless the W-2 agency determines that a good cause exemption
applies, each custodial parent who is a member of a Wisconsin works group shall
cooperate in good faith with efforts directed at all of the following for any
minor child of that parent:
1. Identifying
and locating an absent parent.
2.
Establishing the paternity of any child of the custodial parent.
3. Obtaining any support payments or any
other payments or property to which that parent and any minor child of that
parent may have rights.
(b)
Noncustodial parent.
Unless the W-2 agency determines that a good cause exemption applies, each
noncustodial parent who is a member of a Wisconsin works group shall cooperate
in good faith with efforts directed at all of the following for any minor child
of that parent:
1. Establishing the paternity
of an alleged child of that parent.
2. Obtaining any support payments or any
other payments or property for which that parent may be responsible.
(2) ACTS OF
COOPERATION.
(a)
Custodial
parent. Acts of cooperation for a custodial parent include any action
that is relevant to achieve the purposes in sub. (1) (a) including all of the
following:
1. Providing verbal information,
written information, or other evidence that the custodial parent knows,
possesses, or might reasonably obtain or signing an affidavit declaring a lack
of information, subject to penalty of false swearing pursuant to s.
946.32,
Stats.
2. Attending interviews and
responding to written requests for information by the child support
agency.
3. Appearing as a witness
at hearings or other legal proceedings.
4. Submitting to genetic tests pursuant to
judicial or administrative order.
5. Paying to the department or its designee
any court-ordered child support payments received directly from the absent
parent after an assignment under s.
49.145(2)
(s), Stats., has been made.
(b)
Noncustodial
parent. Acts of cooperation for a noncustodial parent include any
action that is relevant to achieve the purposes in sub. (1) (b) including the
following:
1. Providing verbal information,
written information, or other evidence that the noncustodial parent knows,
possesses, or might reasonably obtain.
2. Appearing at hearings or other legal
proceedings.
3. Submitting to
genetic tests pursuant to judicial order.
4. Paying court-ordered child support to the
department or its designee.
(3) EXCLUSIONS. Acts of cooperation for
custodial and noncustodial parents do not include the following:
(a) Involuntary participation in a polygraph
examination. The results of a voluntary polygraph examination may be used only
to impeach or substantiate other evidence and may not serve as conclusive
evidence.
(b) A requirement to sign
a voluntary statement of paternity under s.
69.15,
Stats.
(c) Relinquishment of the
right to request a genetic test under s.
49.225,
767.805,
767.84,
or
767.863,
Stats.
(d) A requirement to sign a
stipulation for a child support, physical placement, or custody
order.
(4)
NONCOOPERATION. The child support agency shall determine whether a parent is
not cooperating with efforts directed at establishing paternity and obtaining
support payments or any other payments or property to which that parent and any
minor child of that parent may have rights or for which the parent may be
responsible as follows:
(a)
Custodial
parent. The child support agency may determine that a custodial parent
is not cooperating if the custodial parent does any of the following without
adequate reason:
1. Misses two consecutive
agency appointments.
2. Misses one
agency appointment and fails to respond to a written communication from the
agency within a 90-day period.
3.
Fails to appear for a hearing, other legal proceeding, or genetic
test.
(b)
Noncustodial parent. The child support agency may determine
that a noncustodial parent is not cooperating if the noncustodial parent is the
subject of a warrant relating to paternity or support, including a criminal
warrant for failure to support pursuant to s.
948.22,
Stats., a civil warrant for contempt of court pursuant to ch. 785, Stats., or
an arrest warrant pursuant to s.
818.02(5) or
(6), Stats., excluding a warrant issued for
failure to effect service of process.
(5) ADEQUATE REASON.
(a) Adequate reason for a custodial parent's
failure to respond to a written communication or failure to attend an
appointment, genetic test, or hearing or other legal proceeding includes any of
the following:
1. Personal or family illness
or injury.
2. Family
crisis.
3. Breakdown in
transportation arrangements.
4.
Inclement weather that causes a general breakdown in travel.
5. Failure to receive a hearing notice,
appointment notice, or written request for information due to a demonstrable
mail problem, address change, or extended time away from home.
6. Other reasonable circumstances as
determined by the child support agency or the department.
(b) The child support agency may request
evidence verifying adequate reason if there are repeated instances of failure
to respond based on reasons in par. (a).
(6) AFFIDAVIT ATTESTING TO FULL COOPERATION.
If a custodial parent has signed an affidavit attesting to full cooperation and
there is no substantial independent evidence or verifiable information that
suggests that the custodial parent is not cooperating, the child support agency
shall conclude that an alleged failure to cooperate was, in fact, a case of
cooperation.
(7) NONCOOPERATION
NOTIFICATION. If a child support agency makes a determination of noncooperation
under sub. (4), the child support agency shall promptly notify the individual
and the W-2 agency of its decision and the basis for the decision. The notice
to the individual shall be in writing. The W-2 agency shall apply sanctions
pursuant to s.
DCF
102.09 upon receipt of the noncooperation notification
from the child support agency.
(8)
REMEDYING NONCOOPERATION. An individual who wants to restore cooperative status
after being determined noncooperative shall demonstrate cooperation by
performing the act of cooperation in sub. (2) that the individual failed to
perform and that became the basis of the noncooperation finding. The child
support agency shall provide the individual who has been found noncooperative
with the opportunity to resume cooperation within 30 days of contacting the
child support agency to express an intent to cooperate. When a rescheduled
court hearing cannot occur within 30 days, the child support agency shall
either lift the noncooperation determination upon contact from the individual
or make it possible for the individual to perform some other required activity
within 30 days of the contact.
