Sec. 07.07.05.02. Legal Action to Establish a Support Obligation

A. The support enforcement agency shall initiate legal action to establish a court-ordered support obligation for a child:

(1) Eligible for support enforcement services; and

(2) Who has not had a support obligation established.

B. If the parent of a child is a minor, the support enforcement agency may attempt to establish a court-ordered support obligation for the child against the parents of the minor parent if the:

(1) Child for whom support is sought receives TCA; and

(2) Minor parent has insufficient financial resources to support the child.

C. The support enforcement agency is not required to establish a court order for support when:

(1) The noncustodial parent:

(a) Cannot be located;

(b) Receives benefits from a means tested public assistance program;

(c) Is confined to a hospital or other care institution for the chronically, mentally, or physically ill and has no income or assets; or

(d) Is imprisoned without earnings or assets, and is not:

(i) Participating in an institutional work release program; and

(ii) Eligible for release before the child reaches the age of majority;

(2) The custodial parent who receives TCA or Medical Assistance fails to cooperate with good cause;

(3) The child is:

(a) Married or has been married;

(b) 18 years old and is not enrolled in secondary school;

(c) 19 years old or older;

(d) Otherwise emancipated; or

(e) Deceased; or

(4) Paternity cannot be established.

D. For any other situation not listed in §C of this regulation, the support enforcement agency, within 90 days of locating an absent parent, shall:

(1) Establish an order for support, including a provision:

(a) For health insurance for a child that is:

(i) Reasonable in cost; and

(ii) Accessible for the child; or

(b) For cash medical support that is reasonable in cost, until health insurance is available;

(2) Complete service of process, if necessary, to commence proceedings to establish an order for support; or

(3) Document unsuccessful attempts to serve process.

E. To establish a child support order, the support enforcement agency shall petition the court to:

(1) Provide for an earnings withholding and health insurance enrollment order; and

(2) Authorize the immediate service of the earnings withholding and health insurance enrollment order on the obligor's employer.

F. When taking legal action in a TCA case in which the custodial parent does not cooperate and does not have good cause, the prosecutor may:

(1) Name the State as the plaintiff; and

(2) File the petition.

G. The support enforcement agency may not attempt to establish a spousal support order.