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15.3.2.1
Noncooperation by Custodial Parents
15.3.2.2
Noncooperation by Noncustodial Parents
The CSA determines when a parent is not cooperating with the CSA. An alert is sent to the W-2 worker via CARES from KIDS regarding the CSA’s determination of a W-2 participant’s non-cooperation with child support. KIDS also generates a letter from the CSA to the parent regarding the CSA’s determination of the parent’s noncooperation with child support.
The CSA may determine a custodial parent is not cooperating if the custodial parent does any of the following without adequate reason:
Misses two consecutive CSA appointments;
Misses one CSA appointment and fails to respond to a written communication from the CSA within a 90-day period; or
Fails to appear for a hearing, other legal proceeding, or genetic test.
The CSA must consider any of the following reasons as an adequate reason for a custodial parent’s failure to do any of the three noncooperation items above:
Personal or family illness or injury;
Family crisis;
Breakdown in transportation arrangements;
Inclement weather that causes a general breakdown in travel;
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;
Other reasonable circumstances as determined by the CSA or the Department.
When a custodial parent informs the CSA about any of the adequate reasons above for the custodial parent’s noncooperation, the CSA must determine the parent is cooperating due to the adequate reason(s). The CSA may request evidence verifying adequate reason if there are repeated instances of failure to respond based on the above reasons.
The CSA may determine 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, a civil warrant for contempt of court, or an arrest warrant, excluding a warrant issued for failure to complete service of process.
This
page last updated in Release # 12-02
Release Date: 02/17/12
Effective Date: 02/17/12