7 AAC 45.245 - Child support cooperation
(a) The caretaker
relative must cooperate with the child support services agency of the
Department of Revenue in
(1) identifying and
locating the absent parent of each child for whom the applicant desires ATAP
benefits, and of each child who is included in the ATAP assistance
unit;
(2) establishing the
paternity of each child, if the birth of the child occurred while the mother
was not married; and
(3) obtaining
from the absent parent any other payments or property due each child and its
caretaker relative.
(b)
A caretaker relative is considered to have failed to cooperate under this
section if
(1) the department or the child
support services agency has asked the caretaker relative to cooperate, and the
caretaker relative fails to do so; or
(2) the caretaker relative fails to turn over
to the child support services agency a child support payment the caretaker
relative has received directly for a child eligible for ATAP
benefits.
(c) If a
caretaker relative fails to cooperate as required by this section, the
department will reduce the amount of ATAP assistance by imposing the penalty
required by
AS
47.27.085(a) and
7
AAC 45.980.
(d) The caretaker relative shall complete an
absent-parent information form unless the caretaker relative is a parent of the
child for whom ATAP benefits are sought or received and
(1) the other parent is in the
home;
(2) the other parent is
deceased; or
(3) there is no other
parent because the caretaker relative alone legally adopted the
child.
(e) At the time
of initial application, the department will provide the caretaker relative with
(1) information about child support
enforcement;
(2) an absent-parent
information form to be signed by the caretaker relative, unless exempt under
(d) of this section;
(3) a written
notice that the caretaker relative has a right to refuse to cooperate on the
basis of good cause; and
(4) a
statement-of-cooperation form to be completed by the caretaker relative who
chooses not to provide the information requested on the information form and
wishes to claim good cause.
(f) If the caretaker relative completes and
signs the absent-parent information form, the department will consider the
caretaker relative to be cooperating until such time as the child support
services agency notifies the department otherwise. If the caretaker relative
refuses to complete the absent-parent information form, but elects to mark the
box indicating the intention to claim good cause, the department will provide
to the caretaker relative a form upon which to claim good cause. If the
caretaker relative refuses to complete the information form and refuses to
claim good cause, the department will proceed with determining an assistance
unit's eligibility. If the assistance unit is eligible for ATAP benefits, the
department will apply the provisions in (c) of this section, make payments to a
protective payee in accordance with
7
AAC 45.590, and notify the caretaker relative why the
department is taking this action.
(g) If the department is notified by the
child support services agency that the caretaker relative has failed to
cooperate, the department will apply (c) of this section and mail a notice of
non-cooperation to the caretaker relative. The notice will advise the caretaker
relative that the child support services agency has notified the department
that the caretaker relative has failed to cooperate and will state that, within
10 days after the department mails the notice, the caretaker relative must
(1) cooperate; or
(2) claim good cause for failure to
cooperate, and provide evidence supporting the claim.
(h) Repealed 10/1/97.
(i) If, within 10 days after a notice is
issued under (g) of this section, the caretaker relative cooperates with the
child support services agency, the department will remove the penalty imposed
under (c) of this section.
(j) If
the caretaker relative responds to the notice issued under (g) of this section
within 10 days by claiming good cause, and providing evidence to support the
claim, the department will
(1) in accordance
with 7 AAC 45.250, determine from the
evidence submitted whether good cause exists; and
(2) upon a finding of good cause, excuse the
caretaker relative from cooperation with the child support services agency and
remove the penalty imposed under (c) of this section.
(k) If the department determines under (j) of
this section that good cause does not exist and that the caretaker relative is
failing to cooperate with the child support services agency, the department
will continue to impose the penalty for non-cooperation under (c) of this
section and will notify the caretaker relative of this decision.
(l) If a caretaker relative who is penalized
under (k) of this section subsequently cooperates with the child support
services agency and is otherwise eligible under this chapter, the department
will begin paying the family the full amount of the cash assistance for which
the family is eligible as required by
AS
47.27.085(a) and
7
AAC 45.980. The department will pay the benefits
directly to the caretaker relative if the caretaker relative is otherwise
eligible to be the payee under this chapter.
(m) Repealed 8/6/92.
(n) If all reasonable efforts to select an
appropriate protective payee under
7
AAC 45.590 fail, the department will apply the
provisions in (c) of this section, and will pay the recalculated payment to the
caretaker relative.
(o) In this
section, "cooperate" means
(1) entering a
response to each question on the absent-parent information form and signing the
form;
(2) appearing at a child
support services agency office and providing whatever evidence and documents
that the caretaker relative has available;
(3) providing information to the child
support services agency or attesting to the lack of information under penalty
of perjury; and
(4) paying to the
child support services agency any child support payments received from the
absent parent after the date the caretaker relative first receives ATAP
benefits.
Notes
As of Register 171 (October 2004), and acting under AS 44.62.125(b)(6) and sec. 12, ch. 107, SLA 2004, the regulations attorney made technical changes to reflect the name change of the child support enforcement agency to the child support services agency made by sec. 1, ch. 107, SLA 2004.
Authority:AS 47.05.010
AS 47.27.005
AS 47.27.020
AS 47.27.040
AS 47.27.085
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