Idaho Admin. Code r. 16.06.12.103

Current through September 2, 2024
Section 16.06.12.103 - COOPERATION IN ESTABLISHMENT OF PATERNITY AND OBTAINING SUPPORT

A natural or adoptive parent, or other individual who lives with and exercises parental control over a minor child who has an absent parent, must cooperate in establishing paternity for the child and obtaining child support at application and redetermination.

01.Providing All Information. "Cooperation" includes providing all information to identify and locate the non-custodial parent, unless good cause for non-cooperation exists.
02.Established Case for Custodial Parent. After Child Support Services (CSS) has established a case for a custodial parent, all child support payments must be sent directly to CSS. If the custodial parent receives child support directly from the non-custodial parent, the custodial parent must forward the payment to CSS for receipting.
03.Failure to Cooperate.
a. This includes failure to complete the non-custodial or alleged parent information or filiation affidavit as requested, failure to sign the limited power of attorney, or evidence of failure to cooperate provided by CSS.
b. When a parent or individual fails to cooperate the family is not eligible to participate in the Idaho Child Care Program.
04.Cooperation Exemptions. The parent or individual will not be required to provide information about the non-custodial or alleged parent or otherwise cooperate in establishing paternity or obtaining support if good cause for not cooperating exists. Good cause for failure to cooperate must be provided.
a. Good cause for failure to cooperate in obtaining support is:
i. Proof the child was conceived because of incest or forcible rape;
ii. Proof the non-custodial parent may inflict physical or emotional harm to the children, the custodial parent, or individual exercising parental control. This must be supported by medical evidence, police reports, or as a last resort, an affidavit from a knowledgeable source; and
iii. Substantial and credible proof is provided indicating the custodial parent cannot provide the minimum information regarding the non-custodial parent.
b. A parent or individual claiming good cause for failure to cooperate must submit a notarized statement to the Department identifying the child for whom the exemption is claimed and the reasons for the good cause claim.
c. The cooperation requirement will be waived if good cause exists. No further action will be taken to establish paternity or obtain support. If good cause does not exist, the parent will be notified that they are not eligible to receive ICCP benefits, until child support cooperation has been obtained.

Idaho Admin. Code r. 16.06.12.103

Effective April 6, 2023