Texas Kinship Child Support Cooperation and Good Cause Waiver Rules

When you apply for Child-Only TANF in Texas on behalf of a grandchild or relative's child, HHSC requires you to cooperate with the Office of the Attorney General's Child Support Division. That means providing information about the biological parents so the state can establish paternity and enforce child support obligations.

For many kinship caregivers, this requirement creates a genuine dilemma. The biological parents may be incarcerated, struggling with addiction, or in a situation where pursuing child support could trigger retaliation, family conflict, or danger to the child. Texas does have a way out — the Good Cause exemption — but most caregivers never hear about it unless they ask.

What Child Support Cooperation Actually Requires

When you file for Child-Only TANF through Your Texas Benefits or Form H1010, you assign the child's right to child support to the State of Texas. HHSC expects you to:

• Provide the names, addresses, and any known employment details of both biological parents
• Cooperate with paternity testing if the father has not been legally established
• Assist the OAG in locating absent parents

The assignment covers the child's support rights, and the OAG handles paternity establishment and support enforcement. Ask HHSC or the OAG how any existing payments will be handled in your case.

When You Can Request a Good Cause Waiver

HHSC policy allows you to claim Good Cause for Non-Cooperation if pursuing child support would cause harm. Qualifying circumstances include:

• Domestic violence or family violence — the parent has a history of violence toward the child, toward you, or toward another household member
• Physical danger — cooperating would put the child or caregiver at risk of physical harm or retaliation

You do not need a lawyer to request Good Cause. Under HHSC policy, caregivers can submit a self-attestation or supporting evidence. Examples include protective orders, law enforcement reports, or medical records.

How the Good Cause Process Works

1. Tell your HHSC caseworker that you are requesting a Good Cause exemption. Do this at the time of application or as soon as you learn about the cooperation requirement — do not ignore the notices.
2. Submit your evidence. HHSC — not the OAG — decides whether Good Cause applies. The child support office does not make this determination.
3. HHSC reviews and decides. If Good Cause is granted, the child support cooperation requirement is waived and your TANF application proceeds without it. If denied, you can request a Fair Hearing within 90 days.

Keep a copy of your request and ask HHSC how your case will be handled while the Good Cause determination is pending. If HHSC denies the application, you can request a Fair Hearing within 90 days.

What Happens to Existing Child Support

When the child receives TANF, the child's rights to support are assigned to the State of Texas and the OAG handles enforcement. Ask HHSC or the OAG how current payments will be treated in your case before assuming where the money will go.

Protecting Your Family While Getting Help

The child support cooperation requirement stops many kinship caregivers from applying for TANF at all. Some fear it will stir up conflict with the biological parents or trigger a custody fight. Others worry the non-paying parent will retaliate.

If any of those concerns apply, request Good Cause at the same time you apply. The Texas Kinship Financial Help guide walks through the Good Cause request process step by step, includes the evidence checklist, and provides a Fair Hearing request letter template in case your initial request is denied.

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