(a) The Office of Child Support Enforcement will:

1. (1) Initiate actions to establish paternity, when necessary; and
2. (2) Support in the appropriate circuit court on behalf of customers of the office with an open enforcement case.

(d) Social Security benefits.

1. (1) Supplemental Security Income (SSI). The Supreme Court has held that an order for child support payments may not be based upon income from Supplemental Security Income benefits.

2. (2) Social Security Disability (SSD).

   1. (A) When establishing support when disability benefits are being paid, the spouse and dependent benefit will be taken into account in determining the noncustodial parent’s income.
   2. (B) For example, the noncustodial parent’s benefit amount plus any separate awards made to the disability recipient’s spouse and children equals the total income for the noncustodial parent as defined by the Supreme Court’s guidelines for setting support.

(e) Bankruptcy.

1. (1) Child support may be established even though the noncustodial parent has filed bankruptcy without having to seek relief from the automatic stay.
2. (2) If the office receives a notice of bankruptcy, the attorney must review the case to determine the next appropriate action. (f) Establishing support when a noncustodial parent is incarcerated.
3. (1) The office will not initiate court action to establish child or medical support while a noncustodial parent is incarcerated.
4. (2) An order for support will be sought after the noncustodial parent has been released.
5. (3) “Incarceration” means being convicted and sentenced to a term of imprisonment in a state or federal correctional facility, including noncustodial parents who have been convicted and are housed in a county jail awaiting transfer to a state or federal correctional facility.