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Chapter: 1400 Technical Requirements Program: MFAM 23 Exceptions: Child support cooperation is not a factor of eligible for pregnant woman Medicaid, Emergency Medicaid for Aliens (EMA), transitional Medicaid, Children Only Medicaid cases, and Family Planning (MMFP).

Under federal law, a parent’s cooperation in establishing paternity, assigning rights to medical support and payments, and providing information about liable third parties cannot be required as a condition of a child’s eligibility for Medicaid. Therefore, states are not required to ask about paternity or to seek cooperation in pursuing medical support and third party payments when an application is filed, or a redetermination is done, only on behalf of the child. 1430.1702 Child Support Cooperation Requirements (MFAM)

Cooperation with Child Support Enforcement (CSE) by a parent or other caretaker relative is required when: 1. Paternity has not been established and the alleged father is not in the home, 2. But one or both parents are absent from the home, and 3. Good cause for non-cooperation does not exist as determined by CSE.

The parent or other caretaker relative must cooperate with the following:

1. Identifying and locating the parent(s) of the child, 2. Establishing the paternity of the child, and 3. Obtaining child support payments for the child.

1430.1704 Definition of Cooperation (MFAM) The receipt of a signed application indicates the individual’s intent to cooperate with CSE and is sufficient to process the application. No additional action is necessary unless CSE notifies the Department of a sanction.

CSE cooperation includes the following:

1. Providing complete information required to obtain child support (if information about the non-custodial parent is known by the recipient but is withheld, the recipient may face a possible penalty of perjury); 2. Completing and signing affidavits attesting to paternity of the child; 3. Making court appearances and providing testimony in paternity hearings and support actions; and 4. Reporting payments of child support made directly to the parent or caretaker relative. 1430.1705.01 Definition of Non-custodial Parent (MFAM) The term "non-custodial parent" refers to non-custodial (absent) legal fathers, non-custodial (absent) mothers, and all putative (non-legal biological) fathers. 1430.1705.02 Legal Father and Natural Father (MFAM) If both a legal and a putative father exist, or the responsibility for support is not clear, the parent or caretaker relative must provide information on each parent. 1430.1706 Cooperation by a Pregnant Woman (MFAM) In order to receive Medicaid benefits, a pregnant woman is not required to cooperate with CSE during the pregnancy. The pregnant woman can receive Medicaid for herself only.