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The W-2 agency determines when there is an exemption to noncooperation. A pregnant woman who is not also the custodial parent of a dependent child is exempt from any penalty for noncooperation. A custodial parent with a child under 60 days old also is exempt from any penalty for noncooperation for the W-2 Group that includes the child. When there is an exemption and the CSA still sends a noncooperation notice, the W-2 agency must not impose any penalty for noncooperation, regardless of whether there is good cause.
If there are multiple children in a child support case with an exemption for having a child under the age of 60 days, that exemption applies to all of the children in the child support case. If the W-2 Group has only that child support case, then the entire W-2 Group is protected from any W-2 penalty for that noncooperation. (See 15.4.2 for W-2 Groups with multiple child support cases)
EXAMPLE: A W-2 Group has three members: Kayla the custodial parent; her child Tia who is 5 years old; and her child Tisha who is 30 days old. Tia and Tisha are part of the same child support case. The CSA determined Kayla is not cooperating with child support. The W-2 agency determined there is an exemption for Kayla and Tisha because Kayla is the custodial parent of Tisha who is under 60 days old. However this exemption also protects the custodial parent from any noncooperation for Tia because the exemption protects the entire child support case.
This page last updated in Release
# 12-02
Release Date: 02/17/12
Effective Date: 02/17/12