Ariz. Admin. Code § 6-12-311

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-12-311 - Assignment of Support Rights; Cooperation

A. To qualify for CA, an applicant shall assign to the Department all rights to a support obligation from any other person the applicant or recipient may have in his or her own behalf or in behalf of any other family member for whom the applicant or recipient is applying for or receiving CA, including any unpaid support obligation or support debt which has accrued at the time the assignment is made.

B. A refusal to execute such an assignment is a refusal to complete the application and shall result in denial of the CA application.

C. An applicant or recipient shall cooperate with the Department to obtain support owing to the applicant or recipient, unless there is good cause for noncooperation, as described in R6-12-312.

D. After being approved for CA, the recipient shall transmit all monetary support received to the Department.

E. At the time of the initial interview and at all review interviews, the Department shall explain:

1. The applicant's duty of cooperation,

2. Good cause and how to establish it,

3. The duty to send the Department any support the assistance unit members receive, and

4. The consequences for breach of the duties set forth in this Section.

F. Cooperation shall include the actions listed in this subsection.

1. Identifying and locating the parent of a child for whom CA is requested.

2. Establishing the paternity of a child born out-of-wedlock, for whom CA is requested.

a. The applicant shall sign and complete an affidavit of paternity.

b. The mother and father of a child may voluntarily acknowledge paternity in a signed, notarized statement.

3. Obtaining support payments, or other payments or property due the applicant or recipient for the benefit of the child.

4. Appearing at a child support enforcement office when requested, to provide oral or written information or documentary evidence known to, possessed by, or reasonably obtainable by the applicant or recipient.

5. Appearing as a witness at a judicial or administrative hearing or proceeding when requested.

6. Providing information, or attesting to the lack of information, when requested.

7. Paying to the Department any support payments received from the absent parent after the assignment of rights pursuant to subsection (A) has been made.

G. If the applicant or recipient fails to cooperate as required by subsection (F) without good cause, the Department shall impose the penalties provided under R6-12-316.

Ariz. Admin. Code § R6-12-311

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).

The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.