Lawyers Manual - Unified Court System

Public Assistance and Housing 267
of Child Support Enforcement (CSE). Applicants and recipients who receive
money directly from their abuser must report this money as income. If DSS
obtains child support on the client’s behalf, she will be entitled to up to a $50
“pass through” child support payment each month in addition to her monthly
grant and DSS will retain the remainder of the support payment.
If an applicant or recipient indicates to the TA or CSE caseworker that she
has domestic violence concerns, the worker must suspend collection activities
and refer the applicant or recipient to the DVL. 81 Only DVLs are allowed to
determine the need for a domestic violence waiver related to support. However,
in complex situations and with the applicant or recipient’s permission, the DVL
may consult with the CSE caseworker to assess the impact of collection
activities on safety planning. 82
If the client is denied a FVO waiver by the DVL or she is not eligible for
the DVL’s assistance because of the type of benefits she receives, she may still
claim a “good cause” exception to the paternity establishment and support
collection requirements. 83 “Good cause determinations” differ from FVO
waivers in several key ways. First, the applicant or recipient must sign a notice
to claim good cause. The applicant or recipient then has 20 days to demonstrate
good cause by establishing that cooperation is “against the best interests of the
child” and that the applicant or recipient’s participation may reasonably result in
physical or emotional harm to the parent or child. 84 The applicant or recipient
will also need to provide corroborative evidence such as medical or mental
health records, sworn statements, and records from the courts, police or other
law enforcement agencies or documents from child welfare agencies or local
welfare districts indicating that the abusive parent might inflict physical or
emotional harm on the parent or child or that pursuit of support would be
detrimental to the mental and/or emotional health of the person. 85 Both adverse
FVO waivers and “good cause” determinations may be challenged through the
fair hearing process. 86
If the client who receives assistance benefits for herself or her children loses
primary custody and residency of her children, she must report this to her
caseworker. Her budget will need to be re-adjusted and it is possible that her
grant may change significantly or even be terminated. If a client continues to
accept the full grant and fails to report this change, she may face a sanction or
prosecution for welfare fraud.
If, pursuant to equitable distribution in the divorce case, the client receives
property, cash or a lump sum distributive award, there may also be implications
on the client’s public assistance case. 87 It is important that the client, her attorney,