Cooperation - Child Support 510-03-40-15

(Revised 2/12/2026 Release 26.2 )

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(N.D.A.C. Section 75-02-02.1-09)

All legally able parent/caretaker relatives of a child under 18 who has an absent parent must cooperate with Child Support to establish paternity and medical support, unless they meet one of the following exceptions: Pregnant women. May be exempt up to 12 months after the birth of a child. Recipients of Extended Medicaid Benefits and Transitional Medicaid Benefits. Parent/Carektaker relatives under age 19 who are in a continuous eligibility period. Parent/Caretaker relatives do not need to cooperate with Child Support for subsidized adoption children. Parent/Caretaker relatives of deprived children do not need to cooperate with Child Support if they are not requesting Medicaid for themselves. Parent/Caretaker relatives of deprived children where all the children in the household are eligible for services through Indian Health Services (IHS). Parent/Caretaker relatives who have a pending or approved “good cause” claim See 510-03-40-20 for more information on Good Cause.

A parent/caretaker relative is not eligible for Medicaid if they do not cooperate with child support. However, children in the Medicaid unit are eligible.

If a parent/caretaker relative is not eligible for Medicaid because they did not cooperate with Child Support, the income and allowable expenses of the parent/caretaker relative are counted in the Medicaid unit.

Absent parent information cannot be requested before a Medicaid eligibility determination. A ‘Request for Absent Parent’ form is sent to the parent/caretaker relative upon Medicaid approval, if the absent parent information was not provided.

If the parent/caretaker relative does not give the absent parent information or does not return the completed ‘Request for Absent Parent’ form within 10 days, they are non-cooperating, and their Medicaid eligibility ends. A 10-day advance notice must be sent. If the parent/caretaker relative gives the absent parent information or returns the completed ‘Request for Absent Parent form’ later, their Medicaid eligibility can restart the first day of the month when the absent parent information was received.

If the parent/caretaker relative gives the absent parent information with the application or Medicaid request, or within 10 days after Medicaid approval, a referral to Child Support is automatically sent when Medicaid is approved.

Once a referral is sent to Child Support, they decide if the parent/caretaker relative is cooperating. If the parent/caretaker relative is not cooperating, their Medicaid eligibility ends. A 10-day advance notice must be sent. Note: The parent/caretaker relative has the right to appeal the child support agency’s decision.

If Child Support decides that a parent/caretaker relative is not cooperating, the child support case may be closed. If the child support case is closed and the parent/caretaker relative later wants to cooperate, they must re-apply for child support and meet all child support requirements.

If Child Support decides that the parent/caretaker relative is now cooperating, they may qualify for Medicaid again. Medicaid coverage can start on the first day of the month in which cooperation began.

If a parent/caretaker relative did not cooperate and their Medicaid case is closed for everyone in the household, and they later apply again, the parent/caretaker relative may be approved for Medicaid. Coverage will continue until it is decided again that they are not cooperating.