Ala. Admin. Code 660, ch. 660-2-2, app A, att. 660-2-2-.23
If you receive Family Assistance (FA) for a child(ren) living with you, any child support you receive for the child(ren) or for yourself will be assigned to the State. You must cooperate with the Department of Human Resources (DHR) in getting support from all absent parents unless you have "good cause" for not cooperating. This is the law.
If you feel you have "good cause" for not cooperating with child support, your worker will help you to establish the facts needed for the "good cause" claim. The Department of Human Resources will decide if you have "good cause".
HOW CAN THE CHILD SUPPORT PROGRAM HELP ME?
The program can help the child by:
* finding the absent parent,
* establishing who the father is,
* getting financial support from the absent parent and,
* getting the right to inheritance and the right to social security (RSDI), veterans or other government benefits.
HOW DO I SHOW "GOOD CAUSE" FOR NOT COOPERATING?
To show "good cause," you must show that cooperating in getting support from the absent parent would be against the best interest of the child.
HOW DO I KNOW IF COOPERATION MIGHT BE AGAINST MY CHILD'S BEST INTEREST?
Cooperation might be against the child's best interest if:
* contacting the absent parent would be likely to cause physical or emotional harm to you or to the child
* the child was born as a result of incest or rape
* you are planning to put the child up for adoption or
* you are working with any agency to decide if you want to keep the child or give him/her up for adoption.
WHAT SHOULD I DO IF I BELIEVE I CAN SHOW "GOOD CAUSE" FOR NOT COOPERATING?
First, tell your worker. Second, you must make an application in writing on a form that your worker will give you.
WHAT HAPPENS AFTER I APPLY FOR "GOOD CAUSE"?
You must provide any proof or information that your worker says is needed within 20 days after you apply. In certain situations, you may be given more time if you ask for it. The Department of Human Resources will study the situation and decide if you have good cause. The Department will base its decision on the evidence provided or on its investigation if no evidence is available when you claim physical harm. Child Support staff may review the findings and basis for "good cause" and may come to any hearings.
WHAT KINDS OF INFORMATION WILL BE NEEDED FROM ME?
Ask your worker to tell you what papers you must provide. They might include any of the following:
* Records showing that the child was born as a result of incest or forcible rape. These may include birth certificate or medical or police records.
* Legal documents showing proceedings for adoption have been started.
* Records showing the absent parent might physically or emotionally harm you or the child. These could include court, medical, criminal, social services, psychological or law enforcement records.
* Any medical records that show the emotional health of you or the child.
* A written statement from a social agency showing that they are helping you to decide if you want to keep the child or give him/her up for adoption.
* Any other information that your worker says is needed before the Department of Human Resources can decide if you have "good cause."
WHAT WILL HAPPEN IF I NEED HELP IN COMPLETING THE APPLICATION FOR "GOOD CAUSE"?
If you ask your worker, he or she will help you in gathering any needed information.
WHAT KIND OF DECISION CAN I EXPECT?
If it is decided that you do not have "good cause", you must cooperate with the Department of Human Resources to get child support from all absent parents. If it is decided that you do have "good cause", you will not have to cooperate with the Child Support Program. The Department of Human Resources may drop all efforts to establish paternity or get support or may try to get support without your help. This would depend on your situation based on the best interest of the child.
WHAT WILL HAPPEN TO MY FA BENEFITS WHILE THE DECISION OF "GOOD CAUSE" IS BEING MADE?
Your FA benefits will continue if you submit the requested evidence within 20 days. Assistance will not be delayed, denied, or terminated until a decision is made. You will be advised of the decision in writing.
WHAT IF I DO NOT AGREE WITH THE DECISION ON MY APPLICATION FOR "GOOD CAUSE"?
If you do not agree with the decision, you may request a conference with the County Department, review by the State Department of Human Resources or a formal hearing.
Ala. Admin. Code 660, ch. 660-2-2, app A, att. 660-2-2-.23
Author: Jeri Farrior
Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R.233.20; P.L. 98-369, effective October 1, 1984; State Plan for Title IV-A; Code of Ala. 1975, Title 38.