16 Del. Admin. Code § 3000-3005

Current through Register Vol. 28, No. 4, October 1, 2024

Section 3000-3005 - Child Support

As part of the TANF eligibility process, all applicants must assign to the State of Delaware their rights to receive spousal support for themselves and child support for the dependent children in their care. As part of this process, applicants and recipients must cooperate, unless good cause is established, in:

1. Identifying and locating absent parents;

2. Establishing paternity for dependent children born out of wedlock; and

3. Establishing support payments and/or other properties for the dependent child.

The Division of Child Support Enforcement (DCSE) is the single State agency that is empowered to:

Establish paternity of and secure support for children born out of wedlock;

Secure support from parents who have abandoned or deserted their children; and

Enter cooperative arrangements with appropriate courts and law enforcement officials in order to establish support.

Before approving a TANF grant, DSS will refer applicants to the DCSE to begin the process of securing support payments. While assistance is received, any spousal or child support payments made on behalf of a recipient will be paid to DCSE. The first $50 of support that is collected by DCSE each month will be returned to the TANF recipient. These payments will be sent to the recipient the month following the month the support is collected. All remaining support payments will be retained by the State while the TANF case is active.

The assignment of support rights covers all TANF recipients, including pregnant women who receive a check in their ninth month of pregnancy, and persons who are eligible for a grant but do not receive a check because the need for assistance is less than $10. In the latter case, DCSE will not retain support payments.

Even though support payments are retained by the State while an individual is a TANF recipient, these payments are considered in determining initial and continuing financial eligibility. Refer to DSSM 4005.1 for a complete discussion of support payments and financial eligibility.

See Administrative Notices: A-23-98; A-07-2001; A-10-2001; A-12-2001

3005.1 Cooperation Responsibilities

Clients must cooperate with the Division of Child Support Enforcement (DCSE) as a condition of eligibility. All families are required to provide sufficient information to permit Delaware to obtain Child Support on behalf of the family. Exceptions can be made when the caretaker demonstrates that pursuit of Child Support would create a danger to the caretaker or the child(ren). It is the responsibility of the client to provide documentation to verify such a Good Cause claim.

In order to identify and locate absent parents, establish paternity, and obtain support payments and/or other property, applicants or recipients of TANF are required to participate in the following activities, if relevant:

1. To appear at an office of DSS or the Division of Child Support Enforcement to provide verbal or written information or documentary evidence known to or possessed by the applicant or recipient;

2. To appear as a witness at judicial or other hearings or proceedings;

3. To provide information or to attest to the lack of information under penalty of perjury;

4. To pay to the Division of Child Support Enforcement any child support payments received from an absent parent after an assignment has been made.

3005.2 Penalties for Non Cooperation

Failure of a caretaker, without good cause, to cooperate with and provide information to the DCSE to permit the State to pursue the collection of child support on behalf of dependent children will result in a fiscal sanction equal to the TANF benefit, until compliance. Deny the case of applicants who fail to provide information so that the State may pursue child support collections.

3005.3 Curing Child Support Penalties

To cure the child support sanction, the caretaker will provide sufficient information to permit Delaware to pursue child support collections on behalf of needy children.

3005.4 Good cause determination

It is the responsibility of the Division of Child Support Enforcement (DCSE) to determine if good cause for refusing to cooperate exists. When good cause is determined to exist, the applicant may participate in the TANF program and will not be required to cooperate in support collection activities.

3005.5 Enforcement without the caretaker's cooperation

When good cause for non- cooperation exists, DCSE must decide whether or not child support enforcement activities can proceed without risk to the child or caretaker if the enforcement activities do not include cooperation. DSS will ask the applicant if he/she believes that enforcement activities can proceed and will relay that information to DCSE.

If a DCSE's recommendation is to proceed with enforcement activities, DSS will notify the applicant and give the applicant the opportunity to withdraw the application or close the case before enforcement activities begin.

3005.6 Fair Hearings

Applicants and recipients have the right to request a fair hearing if they disagree with any DSS or DCSE decision made in regard to the child support assignment, non-cooperation, or good cause claim issues. DCSE will handle the fair hearing requests on issues of non-cooperation and good cause claim.

See Administrative Notice: A-8-99 Child Support Fair Hearing Procedures

3005.7 Assignment of Child Support Rights and Fair Hearings

Applicants and recipients have the right to request a fair hearing if they disagree with any DSS decision made in regard to the child support assignment.

3005.8 Child Support Enforcement Procedures

1. At the eligibility interview, the DSS worker will explain, as outlined on Form 200 and Form 204, the automatic assignment of support rights, the client's responsibilities in relation to securing support and the circumstances that constitute good cause for refusal to cooperate. The applicant and worker will sign Form 200 and Form 204. A copy of each form will be given to the applicant.

2. At the time of application, if applicants have at least the minimum information required for child support case initiation and do not claim good cause, DSS staff should initiate the child support case via the computer. DSS assumes cooperation unless notified by DCSE otherwise.

An interview with the DCSE is waived in the following cases:

a. TANF- UP cases where there are no children with absent parents.

b. TANF cases where deprivation is based on incapacity.

c. TANF cases in which good cause has been determined to exist. Good cause is determined by DCSE.

d. TANF reapplications or supplemental applications where the caretaker has previously cooperated with the Division, and the absent parents involved in the case are the same individuals that were involved when the case was previously open.

3. When the DCSE indicates that the caretaker has been uncooperative, the TANF case is closed.

If good cause is claimed, the client is asked to provide evidence to verify the claim to DCSE.

16 Del. Admin. Code § 3000-3005