Virginia TANF Child Support Cooperation and Good Cause Exemption

Why Child Support Comes Up at All

When you apply for a TANF child-only grant on behalf of a grandchild or relative's child, Virginia law automatically assigns the child's child support rights to the Commonwealth. The state then expects you to cooperate with the Division of Child Support Enforcement (DCSE) in establishing paternity (if not already established) and locating absent parents so the state can pursue child support reimbursement.

This requirement catches many kinship caregivers off guard. You are applying for financial help for the child, and suddenly the agency wants information about the biological parents — parents who may be in prison, struggling with addiction, unstable, or in some cases dangerous. The cooperation requirement feels like it conflicts with the reason you are raising the child in the first place.

What Cooperation Actually Requires

Cooperation means providing the information you have about the absent parent: their name, last known address, employer, and any identifying details that help DCSE locate them. You do not need to have current contact with the parent. You do not need to facilitate their involvement in the child's life. You are providing information to a government enforcement agency, not arranging reunification.

If child support is collected, it offsets the TANF grant — direct child support received on behalf of the child reduces the monthly grant amount dollar-for-dollar. This does not mean you lose money; it means the state recovers some of its costs through the absent parent rather than paying the full grant from tax dollars.

The Good Cause Exception

If cooperating with child support enforcement would put the child or you at risk — physically, emotionally, or psychologically — you have the right to request a Good Cause Exception.

Common grounds for a good cause claim in kinship cases:

• The absent parent was violent toward the child or toward you
• The parent is incarcerated for harming the child
• The circumstances that led to kinship care (severe addiction, mental health crisis, domestic violence) make contact dangerous
• Contacting the parent would destabilize the child's emotional recovery

To request the exception, submit Form 032-03-0036 (Notice of Cooperation and Good Cause) to your local DSS. Once filed, the agency is required to pause DCSE enforcement while they evaluate your claim. They cannot promise the absent parent will not be contacted without a formal good-cause finding, but the process exists to protect you and the child while the determination is made.

What Happens If Good Cause Is Denied

If the agency determines that good cause does not apply, the notice should explain the agency's decision, what cooperation it requires, and any action it plans to take. Read the notice promptly and follow its appeal instructions. You can request a Fair Hearing within 30 calendar days from the date the Notice of Action was mailed.

If you are appealing a reduction or termination of current benefits and want them to continue unchanged while the hearing is pending, file within 10 calendar days of the advance notice date.

Cooperation Does Not Mean the Parent Gets the Child Back

This is the fear that keeps many caregivers from applying for TANF at all: that sharing information about the absent parent will trigger a custody change or CPS investigation that ends with the child being returned to an unsafe situation.

DCSE's child-support process is separate from a court's custody and visitation decisions. Providing information for TANF cooperation does not itself decide a custody issue or change an existing court order. The parent's child-support obligation is separate from custody and visitation rights.

If you are concerned about the biological parent's reaction to being contacted by DCSE, that concern is exactly what the good cause exception is designed to address.

The Virginia kinship financial help guide includes the specific form references and a step-by-step walkthrough of the good cause exception process, so you can prepare your claim before submitting it.

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