Your Rights Regarding Child Support

What does domestic violence have to do with child support?
When most people hear the words "domestic violence," they think of physical violence. But some domestic violence victims are never attacked physically by their abusers. Abusers find all kinds of ways to control victims instead of, or in addition to, physical violence - by using words, cheating, lying, or threatening.

Abusers use money and resources to control victims. If a victim can't get money or a car or a place to live, it makes life hard. Abusers can make it really difficult if a victim decides to leave - or tries to stay away.

Abusers can use child support as another way to keep control over victims.

If you have an abuser who said you'd never see a dime of child support if you left ...
Or if your abuser said if you went after child support he would go for custody of your kids.
Or if your abuser never had any interest in visiting the kids until forced to pay child support - and now every visit with the kids gives your abuser the chance to further harass or assault you ...

... then you are among thousands of victims and survivors statewide experiencing things like this. Behaviors around child support that are intended to abuse or control you are a form of domestic violence.

If you are a victim of domestic violence who is having problems with child support, you may need help sorting out the pros and cons of even getting child support. And you may need help understanding your options within the child support system. A domestic violence victim advocate may be able to help you. Click here for the victim services agency nearest you.

What does getting TANF or state medical assistance have to do with child support?
Many people who apply for TANF or state medical assistance do not understand that getting these services comes with strings attached. For DSHS, one big string is that everyone who receives TANF or medical assistance automatically gets a child support case opened and has to help DSHS as they work to identify the father and collect support.

What do you mean I must have a child support case?
It's a TANF and Medicaid requirement. And DSHS is serious about enforcing it.

But what if the thought of this really scares me?
If you think collecting child support will put you or your child in danger, you must take specific actions to protect yourself.. If you do not take active steps to be excused, DSHS will make a big effort to contact the father of your child or children.

It is best if you understand your options before you apply for benefits. But even if you are already involved with the child support system, and even if you are having lots of trouble with it, knowing the facts can help you understand your rights and stick up for yourself.

Who can help me figure all this out?
Many DSHS offices have advocates from local domestic violence agencies in the office to help victims navigate the TANF and child support systems. Click here for a list of agencies by county.

So, what exactly does DSHS require me to do?
Under federal law, everyone who receives TANF or state medical care automatically receives child support services and must cooperate to help the Division of Child Support (DCS) do its job.

What does "cooperate" mean?
"Cooperate" means a lot of things, including:"establishing paternity" - helping to identify the father so he can be named as the father for all legal purposes. This can include DNA testing. "Establishing and enforcing child support orders" - giving whatever information you have about things like where he works and what you know about how much he earns, going to court or attending hearings to settle legal questions.

If you do not help DCS - what they call "cooperate" - because you are afraid, but you don't tell them why you are afraid, your grant might be reduced or your medical coverage ended.

If you want to read the actual state regulations about this, click on these links, cooperation with DCS and penalties.

What will they do if I do tell them I'm afraid?
If you are afraid for your safety or the safety of your child, and you can convince DSHS of this, DCS may not pursue your case - that is, may not try to establish paternity or collect the child support that the other parent owes.

But you have to be very active about this. You have to do something called "claim good cause." Good cause is just another way of saying you have to tell them your good reason for not wanting them to collect child support.

If you want to read the state regulation that directs workers about good cause.

What if I don't tell them?
If you do not take active steps to be excused from being in the child support system, that is "claim good cause," DSHS will open a child support case and will pursue payments and health coverage for the children from the other parent.

If you don't help them because you are afraid, but you don't tell them you are afraid and claim good cause, they may punish you.

To read the state regulations about what all DSHS can do to you if you don't help them collect child support sanctions.

What will happen if I just tell them a little bit of information - maybe just enough to avoid sanction?
You need to be very careful about what information you disclose. Because DSHS has powerful computers and their support enforcement officers are highly motivated to find the other parent and collect from him, they may be able to do so even if you give very little information. If the thought of DSHS tracking down the father of your child and contacting him makes you feel nervous or afraid, you need to take active steps to protect yourself.

Caution: child support workers are very good and very fast at what they do. It is possible that they will make contact with your batterer before you even understand what is going on and try to stop it. The child support system can have a big impact on your safety, that is why it is vital that you understand how it works.

Okay, so how do I go about telling someone at DSHS why I don't want them to collect child support?
For TANF and medical recipients, each DSHS Community Services Office or call center will have their own process of asking about domestic violence and what, if any, danger collecting child support would pose to you. Some offices do a better job than others of asking and paying attention to this. Find out from the office what their process is and make sure you understand when it is that you will have an opportunity to claim good cause.

What if nobody ever asks me?
If you are afraid for your safety, don't wait for someone to ask: be proactive. Do not disclose any information about the other parent until you have spoken to a social worker or with a domestic violence victim advocate. You may be strongly pressured or threatened by DSHS workers if you do not give them information about the father. If you are in danger, you have the right to refuse to give any information about the father of your child or children until you speak with a social worker and you cannot be punished for doing so.

If no one gives you an opportunity to talk about your fears, click here to be redirected to a DSHS form you can print and fill out to take with you to the DSHS office. This form should help you find the right person to help you sort out your child support concerns. You can always contact a domestic violence advocate from the local domestic violence service agency in your community and ask for their help with this. Advocates can help you get what you need to stay safe

What if I'm asked about domestic violence over and over again?
You should consider taking any and all of the opportunities DSHS workers give you to tell them about your fears about collecting child support. Some survivors have written up one page narratives of their situation so they don't have to keep telling it over and over again as different workers ask.

Never assume that because you told one worker about your risks that a different worker also knows. Each worker does their record keeping in different ways - and some of the DSHS computer systems do not actually inter-connect with their other systems. Record keeping is a problem within the system. Also there are no guarantees that even if your situation is documented, that a worker new to you will read your information.

What if my batterer is very very dangerous?
Because the DSHS safeguards on confidentiality of information cannot be 100% guaranteed, if you are a victim who is being stalked or threatened by an especially dangerous abuser, you are safest if you give no information about your batterer. For some victims, it is safest if information about the father is nowhere to be found in any DSHS records - in any of their computer systems. You may or may not be able to find a DSHS worker sympathetic to your plight and you may be threatened or sanctioned for not giving information. If you cannot persuade DSHS about the danger you are in and they insist on putting a dangerous batterers name into their records, your only recourse may be to withdraw from the system and not pursue any benefits.

REMEMBER: Ignoring child support will not make it go away. As chaotic as your life may be, do not ignore mail that directs you to take action regarding your child support. Lots of survivors say they just get so much mail that they don't even open it anymore. While this is completely understandable, if you are in danger, this is not a good idea! If you do not understand a letter, call the person listed in the letter. Ask for help from an advocate. Do the best you can to open and respond to all mail you receive from DSHS.

When can I claim good cause?
"Good cause" is a term that applies to a lot of things where you have to show a good reason to avoid penalties. The good cause we are talking about here is technically "good cause not to cooperate with DCS."

You can claim good cause at any time - when you first apply for TANF or Medicaid, or any time after that. If your abuser starts to escalate his control or violence, you can claim good cause and ask DSHS to stop collecting child support if you think that would help stop the batterer from abusing you.

What happens after I claim good cause?
Once you have claimed "good cause not to cooperate with DCS" several things happen.

Your case worker or social worker will look into your claim. If you have a protection order, police records, medical reports or any other documentation of your abuse, bring these along when you talk to your case worker or social worker. If you do not have these documents, you can write and sign a statement outlining why you are afraid for your safety if DSHS pursues child support. Your written and signed statement that describes why you are afraid for your safety or the safety of your child should be good enough "proof." Click here if you want to read the actual instructions in the DSHS manual to workers about the types of evidence that can be used and how they can accept a signed statement as proof of domestic violence. If your worker pressures you for additional evidence, and you do not have it, ask to speak to a social worker or a social work supervisor of a domestic violence victim advocate.

DCS does not work on your case while a good cause claim is pending - that is, while the DSHS case manager or social worker are thinking about whether they are going to give you good cause or not.

What happens if my good cause claim is approved?
If your application for good cause is approved, then one of two things will happen. You will either be granted good cause level A which means that DCS will stop working on the child support case entirely, or you will be granted good cause level B which means that DCS will work on your case, but won't require you to help in any way and you cannot get into any trouble for refusing to answer questions from DSHS about the father of your children. If you are granted good cause level B and you believe that DCS contacting the father of your children will put you in danger - even though you have absolutely nothing to do with it - then you need to talk to your social worker again, asking him or her to reconsider. This would be a good time to get in touch with a victim advocate, if you haven't already and ask for help.

What happens if my good cause claim is denied?
If your good cause claim is denied, DCS will start to work on your child support case. Caution: this can happen really fast - so pay close attention if you get a letter that tells you that your claim has been denied because it will tell you what to do to stop DCS from going forward. Take immediate action. You can try talking to a social worker, or getting help from an advocate. You can also request a fair hearing - which is a process where you can ask an impartial third party to look at what is going on and over-ride DSHS denying you good cause.

Another option you have, though it is a difficult one, is to withdraw from receiving TANF or medical benefits or never apply for these. There are some programs you can get help from (like the basic food program) that do not require you to be in the child support system.

Be aware, however, that if you received cash benefits while DSHS was processing your good cause claim, and they subsequently deny your claim, even if you withdraw from receiving benefits to avoid them going after your batterer for child support, they will continue to do so until they have recovered all the money you received. You can stop them from doing this, but it will probably require going to a fair hearing - and if you have to go to those lengths, you might just as well stay on TANF until this process plays itself out.

Once the denial is final, DCS will work the case and require you to cooperate. If you still refuse to give information or otherwise help with your child support case, you may have your cash benefits reduced or cut off completely, or your medical assistance may be put at risk.

This all sounds pretty terrible. And it is true that some survivors have had an awful time trying to get through the system, but many more have had no problems at all and have benefited from the cash, medical assistance, food stamps, and other social services.

Can getting hooked up with the child support system be helpful to me?
Child support can be a really good thing. Children cost a lot of money! The state has great technologies and resources and can use them to help your kids get the money and resources they need now - and will need well into the future. Many domestic violence victims have benefited from having the state collect child support for them.

What if I've never received public assistance?
Anyone can apply for child support enforcement services; you don't have to receive TANF or medical to receive services from DCS. If you do not receive public assistance, you may choose to close your case at any time, for any reason. If you have concerns about whether child support services may lead to harm for you or your children, contact the Division of Child Support at any time and speak with a support enforcement officer about your safety options, which may include closing your case altogether.

What can DCS do to help me make collecting child support as safe as possible?
Caution: the DCS computer system is completely separate from the welfare office (CSO) computer system and the two computer systems do not communicate with each other. This means that the information you gave your case worker at the CSO about your dangerous situation cannot be seen by workers at DCS. If you have fears for your safety related to your child support case, be sure to talk to the support enforcement officer assigned to your case so he or she will put information into the DCS computer system about the risks to your safety.

Many domestic violence victims are nervous about collecting child support, but want to go forward because they need the money. Many feel that the other parent should be responsible for the kids. When it is relatively safe to do so, it makes sense to go forward. If you think it will probably be okay, but then once the state starts to collect, your batterer becomes angry and threatens or harms you or your kids. You can always claim good cause and work to stop the child support collections.

Remember that you can request that DSHS stop collecting if the other parent retaliates in a way you did not anticipate. If at any time the consequences of collecting outweigh the benefits, then you may want to ask for good cause and stop collecting.

If you are on TANF or medical assistance when you want to stop or start collection, you should speak with your worker at the Community Services Office. DCS cannot and will not change how it works your case until you contact the CSO and claim good cause and start that whole process.

If you are not receiving any public assistance, contact the Division of Child Support to discuss your concerns about safety and child support.

How confidential is the information I give DCS?
Any information in DCS records about people who receive child support services or pay child support is technically confidential. Legally, DCS information can be released only in limited circumstances and only to specified persons. It's all in the law - click here to see the law on confidentiality. However, many victims have said that their information was disclosed to their batterers - accidentally or because workers were unskilled or uninformed. Though there is information you are required to give to get benefits, there is also a lot of information that is voluntary. If you are not sure if information is required or voluntary, ask.

Another consideration about how confidential your information is relates to the nationwide system of child support enforcement. States are required to cooperate with one another to process claims where one parent lives in one state and the other parent lives in a different state. While Washington has certain safeguards on its child support records, Washington is required to send information about custodial parents to other states that may have very different rules about confidentiality. If your abuser lives in another state, and you have concerns about the safety of your information, talk to your support enforcement officer to discuss what, if any, options you keep your records confidential.

As unfair and wrong as it is, it might be best if you are in extreme danger from a violent abuser, for you to not apply for benefits from DSHS. You simply cannot get a 100% guarantee that your identity and address will be safeguarded from someone obsessed with finding and harming you.

Can the other parent of my children get my address?

Either parent to a child support order can ask DCS to release the address of the other parent. This request must be in writing, and must be for a reason specified by law - click here to read that law. DCS has a form to use for these requests - click here if you want to see what that form looks like. Also in Spanish.

If DCS records contain information that leads them to believe that release of the address may be harmful for the parent whose address is being sought, they will deny the request, and will notify the other parent of the request.

Remember, the DCS computer system is completely separate from the welfare office (CSO) computer system and the two computer systems do not communicate with each other. This means that the even if you told your welfare social worker that you don't want DSHS to disclose your address to your batterer, and the social worker wrote that in their computer, the DCS worker will not be able to see this. If you have fears about the disclosure of your address, be sure to talk to the support enforcement officer assigned to your case so he or she will put information into the DCS computer system about the risks to your safety.

If DCS records do not contain information that would lead them to deny the request outright, they handle the request differently, depending on who is asking for the address:

When the noncustodial parent requests the address of the custodial parent, DCS sends a notice to the custodial parent advising of the request. The custodial parent has 30 days to (1) allow release of the address, (2) request an administrative hearing on the issue of disclosure, (3) provide a court order restraining DCS from releasing the address. Sometimes the evidence presented with the hearing request allows DCS to deny the request for disclosure. If DCS doesn't get a response from the custodial parent, they will release the address after the 30 days expires. This is another good reason to read all the mail you get from DSHS.

When the custodial parent requests the non-custodial parent's address, DCS will release the address without notice to the non-custodial parent unless the non-custodial parent has previously requested that DCS not release the address without notification. If you are a domestic violence victim and your batterer has custody of your kids, you are the non-custodial parent and this applies to you. If you let DCS know about concerns regarding address release, DCS follows the same notice procedure as above - for a request for custodial parent's address.

Does DCS represent me in child support actions?
No. DCS does not represent either parent in a child support action, whether in court or in DCS hearings. You have the right to be represented by an attorney in court. For an administrative hearing (that is, one inside DCS), you have the right to be represented by an attorney or by any other person you choose. But the beauty of administrative hearings over court hearings is that they are a lot less formal and it is relatively easy to just present your side of any given issue without needing an attorney.

What are the pros and cons of establishing paternity?
This section applies to you only if you have never established paternity for the father of your child or children. Establishing paternity is the formal term and can mean using the court system to name the legal father or can mean using the Acknowledgment of Paternity process to name the legal father.

There are some sound financial reasons to establish paternity:

If the father dies or becomes disabled, it will probably be easier for you to collect Social Security benefits for the children,

The children will be able to inherit from the father or the father's family, and

Your children may have access to a more complete medical history.

If you are a domestic violence victim, the down side of establishing paternity is that it could open you and your children up to contact with the batterer. If you fear contact would be dangerous to you and your child, then you will want to be excused from the requirement to establish paternity.

Be aware that the law allows the biological father of a child to assert his claim of paternity and ask the court to require genetic testing to see if he is, in fact, the father. You may want to consult an attorney to explore your options. You can call the Northwest Justice Center's Coordinated Legal Education and Referral (CLEAR) line at 1-888-201-1014 for information.

Why do I have to establish paternity to get child support?
The Division of Child Support cannot set an order requiring a father to pay child support if it isn't established that he is, in fact, the father. Paternity can be established by marriage (the husband is presumed by law to be the father of any child born during the marriage), by court order (the court can enter an order stating that a certain man is the father of the child) or by acknowledgment (an unmarried father signs and files an affidavit stating that he is the father of the child):

If the parents were married at the time the child was born, the husband is presumed to be the father under Washington law. This means that DCS can establish a support order against the husband.
If the parents were not married at the time the child was born, or if the mother was married to a man who is not the father of the child, then the parties may:

Sign and file an Acknowledgment of Paternity (which must be signed by the mother's husband if he is not the father) or
Ask the court to determine who the legal father of the child is.

The Division of Child Support can help you establish paternity and enter a child support order for your child or children. Either parent can apply for DCS services to establish paternity. If you have to go to court, DCS will refer your case to the county prosecuting attorney. You don't need to hire your own attorney or pay a prosecutor to do this work.

If you are on TANF or receiving medical benefits, and you are afraid of your batterer and it would be dangerous to you if he is legally named as the father, you must follow the rules to be granted good cause so you can resist this requirement and not suffer any consequences to your benefits.

If you do not explain that you are afraid, or are not granted good cause, the Division of Child Support and County Prosecutors will put a lot of pressure on you to help them establish paternity. If you don't help them, or if you ignore phone calls and mail from DSHS or the prosecutor, you may lose your benefits.

How can DCS help me if I'm already involved with the courts to get child support?
By the time you open a case with the Division of Child Support, you may already be involved in a dissolution (divorce) or paternity action in court. If the court has not yet entered a child support order, DCS can usually establish an administrative child support order. This can get child support flowing while you are waiting for the court case to be completed. If, for example, you believe that your batterer is using the civil court system to further abuse or harass you by filing lots of legal papers and prolonging the matter, you can have DCS help you collect support even prior to the court finally deciding.

Once the court enters a child support order, it will replace the administrative order. However, while the court action is pending, DCS can enforce the child support order.

How much does it cost me to use DCS services?
If you receive TANF now or did so in the past, you can receive DCS services at no charge.

Starting in the fall of 2007, DCS will charge an annual fee of $25 on cases where DCS collects at least $500 during the year for a family that has never received TANF or AFDC. If you have a question about whether your case would be subject to a fee, contact DCS and ask.

If the other parent of your children lives outside of Washington, there may be fees charged by the other state. You can contact DCS to find out if fees from another state apply in your case.

What if I'm a victim of domestic violence, and my abuser has custody of our kids?
Even though you are a victim or survivor of domestic violence, DCS may enforce a child support obligation against you if there is an order for support or if the other parent asks DCS to establish an administrative support order.

Be sure to read the information above concerning release of address information. If you are the noncustodial parent and you believe it would be harmful or dangerous if the other parent got your address, be sure to ask for notice before DCS releases your address. If you provide sufficient documentation, DCS may be able to deny any request for your address without going through the notice and hearing process. NOTE: even if you have given this information to another part of DSHS, be sure to provide this information to DCS as soon as possible.