Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.23 - Cooperation In Obtaining Child Support

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To be eligible for FA, the parent or
			 relative of the child(ren) must cooperate with the Department in identifying
			 and naming the parent(s) of the child who is receiving FA; establishing the
			 paternity of the child who is born out of wedlock and receiving FA; obtaining
			 child support payments for the child who is receiving FA; and obtaining any
			 other payments or property due a child who is receiving FA.
(2) Cooperation shall be defined as:
			 providing reasonably obtainable information relevant to identifying and
			 locating the absent parent; appearing as a witness in court or other hearings
			 or proceedings as necessary; providing information, or attesting to the lack of
			 information under penalty of perjury; paying to the child support agency any
			 child support payments for any month for which FA was paid; providing further
			 information on the absent parent(s) at the request of the eligibility worker or
			 Child Support Enforcement staff; completing and signing affidavits attesting to
			 paternity of the FA children; making court appearances and giving testimony in
			 court at paternity hearings, support actions, etc.
(3) Federal Regulations at 45 C.F.R. 232.40
			 et.
seq
. provide that the applicant/recipient for FA
			 must cooperate with the agency in child support enforcement unless it is
			 determined that cooperation in such activities is not in the child's best
			 interest. Upon application for an exception to the cooperation requirement, the
			 agency will not undertake to establish paternity or secure child support
			 pending a determination that such activities can be safely conducted with or
			 without the cooperation of the applicant/recipient; however, any child support
			 payments which are already being made will continue to be received. The
			 determination of good cause is made on the basis of either documentary evidence
			 alone or credibility investigation alone. The decision as to whether good cause
			 exists is made by the "County Good Cause Review Team."
(4) The eligibility worker must fully explain
			 to the parent/relative the stipulation of the Child Support Enforcement laws as
			 they apply to his/her particular situation, in order to ensure the cooperation
			 of the parent/relative. The parent/relative must understand that the State of
			 Alabama, under the law, must take action to locate the absent parent(s),
			 establish paternity, and secure all child support or other benefits due the
			 child. Further, the law requires the parent/relative to assist in this process
			 in any way possible.
(5) Failure or
			 refusal to cooperate by individuals who are applicants results in denial of the
			 application and loss of benefits for that application period i.e., the month of
			 application through the month of disposition of the application.
(6) Failure of recipients to cooperate in
			 obtaining support will result in the following penalties:
(a) For the first three months of
			 noncooperation (consecutive or not), the grant amount will be reduced by 50% of
			 the payment standard for the assistance unit size followed by activities in (b)
			 below.
(b) For months of
			 noncooperation in excess of three months (consecutive or not), the assistance
			 unit will be disqualified for a one-month, period for the first
			 disqualification.
(c) For a month
			 of non-cooperation after the first disqualification, the case will be
			 disqualified for six months.
(d)
			 For each subsequent month of non-cooperation after the second or later
			 disqualification, the assistance unit will be disqualified for a twelve-month
			 period.