A-1140, Noncooperation with Child Support Program Requirements

Revision 15-4; Effective October 1, 2015

TANF and TP 08

At initial certification and redetermination or incomplete reviews, the advisor must determine whether the individual failed to cooperate with child support requirements.

The advisor determines noncooperation when:

  • an individual fails to cooperate with child support requirements without good cause (see A-1120, Child Support Program Requirements and Procedures, for individual responsibilities); or
  • HHSC receives Form H1708-A, Report of Noncooperation (Automated), from the OAG via the weekly interface.

Medical Programs except TP 08

There is no penalty for noncooperation for Medical Programs. Advisors do not take any action on an individual who volunteers to receive child and medical support services but later noncomplies.

A—1141 Sanctions for Noncooperation

Revision 16-2; Effective April 1, 2016

TANF and TP 08

The Child Support Division of the OAG notifies HHSC via a weekly interface when an individual fails to cooperate with child support or medical support. Upon receipt of the notice of child support noncooperation, HHSC must take action to process the noncooperation within five workdays. See A-2140, Full-Family Sanction, and A-2150, Pay for Performance.

TANF

Adult TANF recipients, second parents and minor parents certified as adults, payees or disqualified adults are required to sign Form H1073, Personal Responsibility Agreement, and cooperate with child support requirements. Failure to do so results in a full-family sanction. If the TANF recipient or payee has more than one TANF EDG and fails to cooperate with child support requirements, the sanction applies to all of their TANF EDGs. See A-2140 and A-2150.

TP 08

Parents and caretaker relatives receiving TP 08 must cooperate in establishing medical support. Failure to cooperate with requirements results in the loss of medical coverage for the noncooperating adult.

The advisor must deny a noncooperating adult's TP 08 EDG. See A-1142, Noncooperation Situations.

Medical Programs except TP 08

Recipients applying for Children's Medicaid programs, including TP 40 for a pregnant teen under age 19, are not required to cooperate with child support requirements. Therefore, there is no penalty for noncooperation. Recipients may volunteer for child support services.

A—1142 Noncooperation Situations

Revision 15-4; Effective October 1, 2015

TANF and TP 08

If a child support noncooperation is received on … and the household does not have good cause, then …
  • a denied EDG in a TANF cash benefit month,
  • TIERS identifies the noncooperation; and
  • sends Form TF0001, Notice of Case Action, advising the household of the noncooperation and how to cooperate.

Note: If the household fails to cooperate by the last calendar day of the second month, the household will be subject to pay for performance requirements when they reapply for TANF.

  • a denied case in a non-TANF cash benefit month,
no action is required.
  • an active TANF or TP 08 EDG, the month after the child is no longer in the home, and the noncooperation date is after the date the child was removed from the EDG,
no further action is required.
  • an EDG already sanctioned for a child support noncooperation on a different absent parent,
TIERS sends Form TF0001 advising the household of the noncooperation and how to cooperate. Note: The OAG will not issue Form H1701, Child Support, TANF Foster Care and TANF/Medicaid Case Information Exchange, until the individual cures all noncooperations.
  • an active TP 08 EDG,
TIERS denies the noncooperating adult's TP 08 EDG.
  • an active EDG and the child receives SSI,
  • a TANF-SP EDG with a child in the household who is deprived due to the absence of a parent,
  • an active TANF cash EDG and the individual and absent parent have reconciled and are in the home together, or
  • an active TP 08 EDG and the individual and absent parent have reconciled and are in the home together,

refer to A-2140, Full-Family Sanction, to impose a full-family sanction. If the household fails to cure the noncooperation before the last day of the second noncooperation month, they will need to reapply under pay for performance.

TIERS denies the noncooperating adult's TP 08 EDG.

Note: The advisor must determine whether the individual has good cause for not cooperating with child support requirements using policy in A-1130, Explanation of Good Cause. If the individual has good cause, the advisor should not impose a full-family sanction.

Related Policy

Explanation of Good Cause, A-1130
Noncooperation with Child Support Program Requirements, A-1140
Good Cause for Child Support Noncooperation, A-2122.3
Full-Family Sanction, A-2140
Pay for Performance, A-2150