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West Virginia Income Maintenance Manual Chapter 23

West Virginia Income Maintenance Manual Page 4 Chapter 23 Specific Medicaid Requirements

• The non-custodial parent or alleged father is deceased and no further action, including a levy against the estate, can be taken. • Paternity cannot be established because the alleged father’s identity is unknown. • The non-custodial parent’s location is unknown and BCSE has been unsuccessful in locating the person after exhausting all efforts. • The non-custodial parent is a citizen of, and lives in, a foreign country; does not work for the federal government or a company with headquarters or offices in the United States; has no reachable domestic income or assets; and there is no reciprocity with the other country. • The non-custodial parent cannot pay support for the duration of the child’s minority and the person has no income or assets that can be levied or attached for support for one of the following reasons: o The non-custodial parent is incarcerated and there is no chance for parole for the duration of the child’s minority. o The non-custodial parent is receiving SSI and there is no income or assets to pay support, and a doctor’s statement or statement from the Social Security Administration (SSA) is provided to state that the non-custodial parent is permanently and totally disabled. o The non-custodial parent has a medically verified permanent and total disability with no evidence of support potential. When BCSE closes a case for one of the above stated reasons, the BCSE Child Support Specialist updates the system. After update, information about the absent parent is no longer exchanged with the child support enforcement system. The Worker cannot change the update. The code is retained in the eligibility system. If the Worker receives information about the absent parent that he believes is pertinent and that may require action by BCSE, he sends a Referral and Communications Form DHS-1, to the Child Support Specialist. 23.3.3 REDIRECTION OF SUPPORT AND INCOME WITHHOLDING When a Medicaid referral is made to BCSE, the Child Support Specialist immediately implements income withholding for any child support the child may be receiving, whenever possible. This action may not be declined or terminated by the Medicaid client. Collection of support must, thereafter, be made through BCSE and distributed as non-public assistance (NPA) payments.