Section 102.05. Good cause criteria.

  A custodial or noncustodial parent is eligible for an exemption from the cooperation requirements in s. DCF 102.03 when the W-2 agency determines that any of the following criteria applies:

(1)  Cooperation is reasonably anticipated to result in either physical or emotional harm to the child, including threats of domestic abuse or child kidnapping.

(2)  Cooperation is reasonably anticipated to result in either physical or emotional harm to the parent, including domestic abuse.

(3)  Cooperating with the child support agency would make it more difficult for the individual to escape domestic abuse or unfairly penalize the individual who is or has been victimized by such abuse, or the individual who is at risk of further domestic abuse.

(4)  The child was conceived as a result of incest or sexual assault.

(5)  The parent is considering whether to terminate parental rights and sought the assistance of a public or licensed private social services agency not more than 3 months ago.

(6)  A petition for the adoption of the child has been filed with a court, except this does not apply as a good cause exemption from the responsibility to make payments under an existing court order.

History: CR 02-039 : cr. Register August 2002 No. 560 , eff. 9-1-02; correction in (intro.) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .