15.5.1  Noncooperation Exemption for Pregnant Women or Custodial Parents with Newborns

The W-2 agency determines if there is a noncooperation exemption. There are two possible exemptions:

1.             A pregnant woman is exempt from any penalty for noncooperation for the unborn child, regardless of the pregnant woman having custody of born child(ren).

2.             A custodial parent with a child younger than 60 days is exempt from the requirement to cooperate for that child.

Custodial parents of a newborn and pregnant women must both cooperate for any children in the W-2 Group who are older than 59 days.

If there is an exemption and the CSA sends noncooperation information, the W-2 agency must not impose any penalty for noncooperation, regardless of whether there is good cause.

EXAMPLE: A W-2 Group has three members: Kim, the custodial parent; her child Tia, who is 5 years old; and her child Tisha, who is 30 days old.

The CSA determined that Kim is not cooperating with child support for Tisha. However, Kim qualifies for a noncooperation exemption for Tisha because Tisha is under 60 days old. The exemption only applies to Kim’s noncooperation for Tisha, the child under 60 days old. Kim must still cooperate with child support for Tia.

 

 

History: Release 25-03; Release 14-03.