(a) Each applicant/recipient, including a minor parent, shall meet the child support performance requirements to receive a performance payment. These requirements are: - (i) The applicant/recipient shall assign the following to the State:
- (A) Any rights to child support on his/her own behalf or on behalf of any other family member for whom the applicant/recipient is requesting a monthly performance payment; and
- (B) Child support obligations which have accrued at the time such assignment is executed.
- (ii) A minor parent shall pursue child support action against the following:
- (A) Her/His parents, if not residing in the home with the parents; and/or
- (B) The non-custodial parent of the child.
- (iii) The adult and minor parent applicant/recipient shall sign an IRCU at application and when a family member's child support status changes.
- (iv) The applicant/recipient shall cooperate in the following:
- (A) Identifying and locating the absent parent;
- (B) Establishing the paternity of a child born out of wedlock;
- (C) Appearing at a DFS-FO or a Child Support office, at initial application and, when requested, to give information, sign papers or provide evidence including answering written or telephone requests;
- (D) All putative fathers and all other putative paternal relatives shall be referred at the time of application to pursue establishment of paternity;
- (E) Obtaining child and medical support for the child(ren) and minor parent and spousal support for herself/himself and any other payments or property due to self or the child(ren);
- (F) Paying immediately to DFS-FO any support payments received for an assistance unit member; and
- (G) Providing new information on the absent parent when it becomes known.
- (v) Complete a referral to Child Support on each absent parent of each eligible child, including a deceased parent, a parent whose rights were terminated or an adoptive parent. The referral form shall be completed when the following occurs:
- (A) An application is made;
- (B) A child is added to an open case;
- (D) The intact family separates;
- (E) Paternity is excluded;
- (F) A minor parent lives in a separate household from his/her parents;
- (G) The caretaker relative or absent parent has a name change;
- (H) The father is unknown; or
- (J) The applicant/recipient is married but claiming the husband is not the absent parent, by completing the form on the husband and all other possible fathers.
- (vi) The case shall be denied, closed, reduced, or placed in nonpayment status for noncompliance with the child support requirements when the above listed requirements are not met unless good cause is approved.
(b) For child support court ordered obligor cases, the child support worker shall be responsible for the following: - (i) Receiving the court orders and distributing these to the appropriate work program action center along with the information concerning the child(ren);
- (ii) Monitoring the child support payments; and
- (iii) Advising the CM when the obligation is met.
(c) The applicant/recipient shall read the Good Cause Claim form and check the appropriate statement(s) on each copy of the form when good cause is claimed. - (i) The applicant/recipient shall be informed no performance payment will be authorized until the good cause claim is approved or denied.
- (ii) The applicant/recipient has the right to claim good cause if one (1) of the following circumstances exist and evidence is provided:
- (A) Cooperation in establishing paternity or securing child support is reasonably anticipated to result in physical harm or emotional harm to the child or caretaker as demonstrated by previous court, medical, criminal, law enforcement, psychological, child protection or social services records.
- (B) The child, for whom support is sought, was conceived as a result of incest or rape as evidenced by birth, medical or law enforcement records.
- (C) Legal proceedings for the adoption of the child(ren) are pending before a court of competent jurisdiction as verified by legal documents.
- (D) A public or private social agency is helping the applicant/recipient resolve the issue of whether to keep or relinquish the child(ren) for adoption as verified by a statement from the public or private social agency.
- (iii) The applicant/recipient claiming good cause shall provide the required types of evidence within 20 days from the date of the signed request.
- (iv) When the other documents listed above cannot be obtained, the caretaker relative shall provide two (2) notarized statements from persons who have personal knowledge of the circumstances being claimed in the good cause.
- (v) The request for good cause and the supporting documents shall be reviewed by DFS-SO and a determination made concerning the good cause claim.
- (A) The performance payment shall be authorized when the good cause claim is approved; or
- (B) The performance payment shall be denied, terminated or placed in nonpayment status when evidence is not received within 20 days of signing the referral to Child Support form.
- (vi) Child Support shall not attempt to establish paternity or collect support when the good cause claim is approved.
- (vii) The applicant/recipient may request the case no longer be in the good cause status.
(d) The following process shall be followed when child support payments have been retained by the recipient: - (i) DFS recovery process shall be followed when support is retained after the performance payment was paid resulting in an overpayment.
- (ii) A notice of action shall be sent to advise the recipient retaining child support shall be considered noncompliance.
- (iii) The performance payment shall be placed in nonpayment or reduced status in the corresponding performance period for a minimum of one (1) month when the recipient has retained the current month's support.
(e) Assigned child support shall be submitted to the State of Wyoming in all instances after the authorization for the first performance payment.