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N.J.A.C. 10:90-16.5 This file includes all Regulations adopted and published through the New Jersey Register, Vol. 56 No. 24, December 16, 2024

NJ - New Jersey Administrative Code > TITLE 10. HUMAN SERVICES > CHAPTER 90. WORK FIRST NEW JERSEY PROGRAM > SUBCHAPTER 16. CHILD SUPPORT AND PATERNITY

§ 10:90-16.5 Good cause exceptions to cooperation

(a) A WFNJ/TANF or Medicaid applicant/recipient has the right to claim a good cause exception from the child support requirements at any time during the WFNJ/TANF process when compliance with such requirements is not in the best interest of the individual, his or her child(ren), and/or family members. A good cause exception from the child support requirements is limited to: 1. Past or present situations involving family violence or the risk of family violence that affect the individual's ability to cooperate with child support requirements currently, including domestic violence and sexual assault, because the individual has or fears emotional or physical harm will be attempted or inflicted on him or herself and/or his or her child(ren) for pursuing child support activity on that non- custodial/alleged parent; 2. The initiation of adoption proceedings; 3. Parent person situations when the WFNJ applicant/recipient is someone other than the parent of the child(ren); 4. Certain instances involving artificial insemination; and 5. In other unusual circumstances in accordance with these rules. (b) The individual shall sign a child support affidavit attesting to the good cause claim. (c) WFNJ/TANF applicants/recipients who are granted good cause exceptions from the child support requirements, due to past or present family violence concerns or the risk of family violence, shall be handled in accordance with the regulations for the FVO Initiative at N.J.A.C. 10:90-20. The name and address of the non-custodial/alleged parent, if known, shall be provided to the CSSA/CSU. 1. Proceedings to establish paternity, collect and/or enforce child support collections and/or obtain health care coverage in a particular case is not in the best interest of a child, due to reason of family violence, when: i. The WFNJ/TANF applicant/recipient's cooperation, with regard to the non- custodial/alleged parent, is reasonably anticipated to result in physical or emotional harm to the child for whom support is to be sought;