Lawyers Manual - Unified Court System

262 Amy E. Schwartz and Sharon Stapel
about the legislative and policy directives around the FVO. However, despite
the great deal of discretion given to DVLs, many clients report that the DVLs
do not perceive themselves as having much discretionary power and regularly
ask for supervisor approval before granting waivers and exemptions. Although
law and policy does not require such approval, the DVLs’ perceived need for it
can make the waiver process multi-layered and time-consuming.
Family Violence Option Waivers
Many of the programmatic requirements have the potential to jeopardize a
domestic violence survivor’s safety or the safety of her children. 41 For example,
she may need time to secure safer housing, attend counseling, enroll her children
in new schools, or organize family affairs. Pursuing child support may disclose
her whereabouts to her abuser or incite anger or retaliation. As a result,
demanding compliance with requirements such as employment activities or child
support cooperation may be difficult or even dangerous, or may frustrate the
survivor to such an extent that she considers returning to the abuser. Waivers,
intended to provide temporary relief, can be granted for a minimum of four
months, but are renewable and should be continued for as long as necessary. 42
Although renewable, waivers are subject to the DVL’s ongoing review43 and
must be re-determined at least every six months, and can be modified, terminated
or extended at any time. Once a waiver ends, it will automatically expire if it is
not renewed. A client may also decline a waiver or terminate an existing waiver
at any time.
Waivers can be granted to excuse the applicant or recipient from
programmatic requirements including, but not limited to: residency rules, child
support and paternity establishment and cooperation, employment and work
training, participation in alcohol and substance abuse screening and treatment,
alien eligibility and deeming requirements, spousal support requirements, minor
parent education and living arrangement requirements, and lien requirements. 44
DVLs are also able to grant exemptions from the 60-month lifetime limit for the
receipt of TANF-funded public assistance benefits. 45
A DVL may grant a full waiver, which will completely relieve the client of
fulfilling any part of a programmatic requirement, or a partial waiver, which has
the effect of modifying certain programmatic requirements. Partial waivers are
most often seen for child support enforcement and paternity establishment
requirements, 46 as well as employment requirements. 47 A “partial child support
waiver” allows the agency to proceed with child support collection and
enforcement activities, but with certain precautions and limitations intended to