Section 400.3009. Child support; good cause claim and determination; exceptions to cooperation requirement.

(1) A client shall take all action required by 1939 PA 280, MCL §400.1 to

400.122 to establish paternity and obtain support.

(2)   A client may claim good cause for not taking the action specified in subrule (1) of this rule. Good cause includes any of the following reasons:

(a)   The child entitled to support was conceived due to incest or forcible rape.

(b)    Legal proceedings for the adoption of the child entitled to support are pending before a court.

(c)   A client is currently receiving counseling from a public or licensed private social agency to decide if the child entitled to support should be released for adoption and the counseling has not continued for more than 3 months.

(d)  Physical or emotional harm may result if the client or child has been subject to or is in danger of any of the following:

(i)   Serious physical harm to the child entitled to support.

(ii)   Serious physical harm to the client.

(iii)   Serious emotional harm to the child entitled to support that actually harms the child's ability to function in everyday life.

(iv)    Serious emotional harm to the client that actually harms the client's capacity to adequately care for the child entitled to support.

(e)   Sexual abuse

(f)    Sexual activity involving a dependent child.

(g)     Being  forced   as  the  caretaker   relative  of  a   dependent  child  to  engage   in nonconsensual sexual acts or activities.

(h)   Threats of, or attempts at, physical or sexual abuse.

(i)     Mental abuse.

(j)   Neglect or deprivation of medical care.

(3)     A client's cooperation in establishing paternity and obtaining support is not required if good cause exists for not cooperating, but a support action may proceed if the FIA department determines that the action would not endanger the child entitled to support or the client.

(4)   If a client is informed of the right to claim good cause and decides to make the claim,  then he or she shall do all of the following:

(a)   Specify the type of good cause.

(b)   Specify the persons covered by the good cause reason.

(c)   Provide written evidence to support the claim within 20 calendar days of filing the claim. The time period shall be extended up to 25 calendar days if the client has difficulty obtaining the evidence.

(5)   The department shall make a good cause determination within 45 calendar days of the client's written claim, unless the client was granted an additional 25-calendar-day extension to the original 20-calendar-day limit and more information is needed that cannot be obtained within the 45-calendar-day limit.

(6)     The department shall make a good cause determination based on 1 of the following findings:

(a)   Good cause does not exist and the client must cooperate.

(b)    Good cause does exist and the client's cooperation in obtaining support is not required.

(c)    Good cause does exist, but a support action can proceed without the client and without endangering the client or the child entitled to support.

History: 1997 AACS; 2014 AACS.