NH Child Support Good Cause Exemption for Kinship Caregivers

New Hampshire's FANF rules require a parent or caretaker relative to provide information and cooperate with efforts to establish paternity and obtain child support for a child for whom assistance is requested, unless good cause exists. The Bureau of Child Support Services (BCSS) handles paternity establishment and child-support enforcement.

For many kinship caregivers, this requirement creates a serious problem. The reasons you're raising this child — a parent's addiction, domestic violence, incarceration, abuse — are often the same reasons that making contact with that parent would put the child or your household at risk.

New Hampshire law provides a way out. It's called the good cause exemption.

What Good Cause Means

Good cause can exempt you from the FANF child-support cooperation requirement. Under RSA 167:82, III(b), it applies when efforts to establish paternity or secure support are against the best interests of the child or parent/caretaker relative, or can reasonably be expected to cause physical or emotional harm to either.

The accepted reasons include:

• Efforts to establish paternity or secure support that could reasonably be expected to cause physical or emotional harm to the child or parent/caretaker relative
• Fear of retaliation against you or the child
• Adoption proceedings for the child that are pending in court
• The child was conceived as a result of incest or forcible rape

This isn't a loophole. It's a federal protection built into public assistance law, administered in New Hampshire through BFA policy.

How to File the Claim

To claim good cause, tell your benefits caseworker. If you are applying for benefits online, call the agency. DHHS says you do not need a protection order to ask about safety options.

New Hampshire rules require the department to take no child-support action while it verifies a good-cause claim.

This protection applies to child-support action; it is not a blanket guarantee for every benefit while a claim is pending. Under RSA 167:82, FANF financial assistance can be reduced or the case can be closed if a parent or caretaker relative fails to cooperate without good cause.

What Evidence Supports a Claim

He-W 606.31 lists the verification required for good-cause claims. Examples of supporting evidence include:

• Existing protective orders (domestic violence or stalking)
• Police reports documenting violence or threats
• Medical records of injuries
• Statements from domestic violence shelters or counselors
• Court records showing abuse or neglect findings
• If supporting verification is not submitted for a domestic-violence claim, a signed written statement from you under penalty of unsworn falsification, explaining the violence and how cooperation would make it harder to escape, unfairly penalize you, or put you at further risk

The current rule lists the acceptable verification types. DHHS verifies the claim under those rules.

Why This Matters for Kinship Caregivers Specifically

The child support cooperation requirement catches many grandparents and relatives off guard. You took this child in to keep them safe, and now the state is asking you to help track down the parent they needed protection from.

A few situations where good cause comes up frequently in kinship cases:

The parent is in active addiction. Contact triggers unpredictable behavior, and enforcement activity could provoke the parent to try to reclaim the child to stop the support order — even when they can't safely care for the child.

The parent has a history of domestic violence. Your address might appear on forms sent to the other parent or to a court, and a case notice may contain contact information. Tell agency staff about safety concerns and ask how your information can be safeguarded.

The child was removed by DCYF due to abuse or neglect. Cooperating with child support enforcement may conflict with the safety plan DCYF put in place.

If the birth parent situation is genuinely dangerous, tell your TANF Family Services Specialist or child-support worker about the safety concern and good-cause claim. DHHS identifies these workers as contacts for good-cause questions.

Getting Help With the Process

If you're unsure whether your situation qualifies or you need help preparing the claim, two resources can assist:

• 603 Legal Aid (1-800-639-5290) provides free civil legal assistance for income-eligible residents, including help with benefit applications and child support issues
• The Kinship Navigator Program through local Family Resource Centers can walk you through the process and connect you with additional support

The full guide to financial help for kinship caregivers in New Hampshire covers the good cause process alongside every other benefit program, with the forms, deadlines, and income rules in one place.

You took this child in to keep them safe. The good cause exemption makes sure applying for their benefits doesn't undo that safety.

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