CASE MANAGEMENT

CS 059P-4 Non IV-A Applicant Cooperation Requirements

10/87 Revised 12/13/16 Training Completed 12/27/16

45 CFR 302.33

 

 

Individuals who are not receiving IV-A assistance and/or Medicaid and are applying for child support services from the Office of Recovery Services/Child Support Services (ORS/CSS) must cooperate with CSS in providing specific information on the required CSS application forms.Additionally, the Non-IV-A Non-Medicaid applicant must continue to cooperate with CSS after the case is opened if his/her cooperation is needed in order for CSS to take the next appropriate action on the case.A Non-IV-A applicant/custodial parent must also cooperate with CSS when s/he is also working with a private agent or attorney.

 

 

Preliminary Cooperation Requirements

 

An applicant for Non-IV-A services may be the father, the mother, or a specified relative.If a specified relative is applying for services, s/he must cooperate with CSS by providing information on both parents.Listed below are the specific minimum cooperation requirements for new Non-IV-A Non-Medicaid applicants.†††

1.                   Paternity Establishment Cases.

a.††††††††††† The Non-IV-A applicant at a minimum must provide the real name of the alleged father, or the real names of all possible alleged fathers in a multiple consort situation.††

b.††††††††††† If the applicant does not provide any additional information that can be used to verify the existence of the alleged father(s) named, procedures for Non-IV-A non-cooperation will be initiated.

 

In addition, if the applicant is certain that the alleged father she has named is the biological father of the child(ren), and the alleged father is willing to cooperate with paternity establishment (e.g., voluntarily submitting to genetic testing and/or signing a paternity stipulation), but the mother will not cooperate, she is not meeting the cooperation requirements in the paternity establishment process.Non-cooperation procedures will be initiated.

2.                   Non-Paternity Cases:For other than paternity establishment cases (e.g., paternity already established, separation, divorce) the Non-IV-A applicant must provide at a minimum the following information:

a.                   The non-custodial parentís (NCPíS) name;

b.                  The NCPíS date of birth or social security number; and,

c.                   The NCPíS last known residential address.

 

If CSS cannot find any record of the NCPíS existence, the applicant is not meeting cooperation requirements.If the applicant does not provide additional information that can be used to verify that the NCP actually exists, non-cooperation actions can be initiated.

 

NOTE:If the applicant names an alleged father(s) or NCP that may be living in another state or country, CSS may need to take more time to verify that the person exists and is in fact living outside of Utah.

 

Once an application for Non-IV-A services is received with at least the minimum amount of information listed above included, CSS must open a case and request any missing information within 20 calendar days.†††

 

Cooperation Requirements after CSS Case Opened

 

After the Non-IV-A case is opened, applicants must cooperate with CSS in order for CSS to take the necessary actions on their cases.The Non-IV-A applicant must cooperate with CSS by:

 

1.                   Notifying CSS of address changes;

 

2.                   Notifying CSS of new information concerning the alleged father or NCP(s);

 

3.                   Turning in to CSS support money received directly from the alleged father or NCP(s); and,

 

4.                   Complying with a requested action so that CSS will be able to take the next step on the case.

 

NOTE:Non-IV-A applicants must comply with all enforcement remedies and actions that may require judicial action; i.e., referral to the Attorney Generalís Office (AGO).

 

 

Non-IV-A Non-cooperation Determination

 

If you have determined that you cannot proceed with the next step without the Non-IV-A applicantís cooperation, or the initiating stateís cooperation on a Non-IV-A incoming interstate case, notify the applicant or the initiating state that the case will be pended for closure unless the requested information or action is provided.Send the ďNon-IV-A Non-cooperation NoticeĒ to the applicant, selecting the applicable option(s), or the appropriate interstate letter or CSENet transmission to the other state.If a non-cooperation notice was sent to the CP regarding the same non-cooperation issue within the last six months, you are not required to send a second notice.The applicant or other state has ten days from the date of the letter to respond.If the applicant or the other state still will not cooperate, initiate case closure procedures due to applicant non-cooperation.