131.5 Noncooperation with Support Requirements

N oncooperation is presumed if a mother who was not married at the time of the child's birth and does not have an exception does not cooperate, without good cause, to identify her child’s putative father by name , does not provides the names of two putative fathers subsequently excluded from parentage by genetic testing, and does not provide verification of a court order establishing parentage . Noncooperation may be rebutted only by clear and convincing evidence.

55 Pa. Code §141.21(d)(1)

Clear and convincing evidence means that the proof that the mother presents supporting her inability to cooperate is so clear and direct that the CAO is convinced without doubt that the facts are true. Without clear and convincing evidence, the CAO must determine the mother non-cooperative.

55 Pa. Code § 187.23(b)

23 Pa. C.S. § 4379

23 Pa. C.S. § 4380

After a referral to the DRS for support action, the DRS or court of common pleas determines whether the applicant/recipient has not cooperated without good cause. The DRS or court notifies the CAO through a n e CIS alert of their decision, and the reason for their decision. The court issues an order only after giving the applicant/recipient notice and the opportunity for a court hearing.

NOTE: A finding of noncooperation of an applicant/recipient does not affect the duty of the LRR to pay the assigned support obligation. The CAO should enter absent relative information in e CIS to generate an electronic support referral to the DRS.

55 Pa. Code §187.25(a)(6)

23 Pa. C.S. 4380(b)(3)

NOTE: Identification of potential good cause circumstances may take place when an applicant/recipient is cooperating with requirements or has not cooperated. If a DRS or court of common pleas identifies that there may be good cause, they must:

Give the information to the CAO by an eCIS alert Tell the applicant/recipient to contact the CAO to file a good cause claim Suspend support action until the CAO makes a determination on the good cause claim

If the applicant/recipient does not want to claim good cause, the DRS or court of common pleas must continue the child support enforcement process.