Purpose: This chapter provides information and instructions on the assignment of support rights to the State. It includes the requirement to cooperate with the Division of Child Support (DCS) as a condition of eligibility for TANF, SFA, and Medicaid for children.
What happens if my support is more than my TANF or SFA cash benefit?
WAC 388-422-0005
WAC 388-422-0005
Effective October 12, 2002
WAC 388-422-0005 What happens to my child, spousal and medical support when I get public assistance?
The following definitions apply to this chapter:
"We" means the department of social and health services.
"You" means a person applying for or getting benefits from us.
"Benefits" mean family medical and related alien emergency medical (AEM), TANF or SFA cash assistance.
"Support" means the money paid to meet a support order whether it is called child support, spousal support, alimony, maintenance, or medical support.
"Medical support" means either or both:
The set dollar amount for health care costs in a support order; or
Health insurance coverage for a dependent child.
"Assistance unit" or "AU" means the group of people who live together and whose income and resources we count to decide your eligibility for benefits and the amount of those benefits.
When you apply for TANF or SFA cash benefits, you assign your rights to current support and back support (also called "arrears") under WAC 388-14A-2036. You permanently assign to the state your current support for the months you get assistance. Support for months before you begin receiving assistance is temporarily assigned to the state. For more information about permanently and temporarily assigned support see:
If you receive any support payments before you assign your rights to support, we count this as unearned income to your AU WAC 388-450-0025.
If you receive any direct support payments after you assign your rights to support, you must send the support payments to the division of child support (DCS) under WAC 388-14A-2040 (3).
If you keep any support payments you receive after you assign your rights to support, DCS may collect this money from you WAC 388-14A-5505.
For TANF and SFA eligibility:A client assigns all rights to support, including child support, childcare, and spousal maintenance for each child applying for or getting TANF/SFA or certain TANF related medical assistance.
SSI Children: The Division of Child Support (DCS) considers a child who receives SSI child with a TANF/SFA parent/caretaker a “non-assistance” case. Support isn’t assigned because the child does not receive TANF/SFA.
Child support pass-through payments:
Beginning October 1, 2008, each month DCS receives a child support collection for a TANF family, DCS will send them:
Up to$100.00 each month if your TANF assistance unit includes one child.
Up to$200.00 each month if your TANF assistance unit includes two or more children.
This child support sent to the TANF household is called a pass-through payment. The amount of the pass-through payment will not be more than DCS collects during that month.
Pass-through payments and any other child support payments, such as past due support, do not affect TANF/SFA grants. These payments must be budgeted like any other child support payment for Basic Food.
The ACES Manual provides information about completing the Non-custodial parent screen (NCPS) and processing the case in ACES.
The Division of Child Support (DCS) referral (SEMS Quick Referral) is replaced by the ACES NCPS.
SEMS Quick Cash (QC) is used to check for child support when screening clients for child support income or payments and to send comments to DCS using the freeform text option. SEMS QC can be found at the SEMS website (only authorized DSHS staff can enter this website).
WAC 388-422-0010
WAC 388-422-0010
Effective October 12, 2002
WAC 388-422-0010 Do I have to cooperate with the division of child support (DCS)?
When you get benefits, you must cooperate with DCS as required to establish or collect child support, unless you have a good reason for not cooperating.
DCS defines what cooperating with them to establish or collect child support means in WAC 388-14A-2040.
If you are a two-parent household, you and the other parent must help DCS establish paternity for each child in your AU, if necessary.
DCS determines whether you are cooperating with them. See WAC 388-14A-2041 (1) for reasons why DCS might determine that you are not cooperating.
If you get TANF or SFA and do not have a good reason for not cooperating with DCS, we:
Reduce your cash benefits by twenty-five percent; and
Stop your medical benefits unless you are pregnant. The children in your AU will continue to get medical.
If you get family medical and do not have a good reason for not cooperating with DCS, your medical will stop unless you are pregnant. The children in your AU will continue to get medical.
If you are afraid that cooperating with DCS may be dangerous for you or a child in your care, see WAC 388-14A-2045 for a definition of what a good reason to not cooperate with DCS is. We also call this "good cause."
For TANF and SFA eligibility, a client assigns all rights to support, including child support, child care, and spousal maintenance for each child applying for or getting TANF / SFA or certain TANF-related medical assistance.
For medical assistance, a client is required to assign all right, title and interest to any medical care support from a non-custodial parent, including health insurance coverage and health care costs stated as a fixed dollar amount in a support order for each child applying for or getting TANF / SFA or certain TANF related medical assistance.
When a client applies for TANF-related medical assistance (F04 or F06) only, the client is not required to assign child support rights to the department.
If a client retains support payments received after assignment is made, a debt is incurred with DCS.
Support payments received by the client prior to assignment are treated as unearned income.
Cooperation
Both parents in a two-parent household must help DCS establish paternity for each child in the assistance unit.
When good cause has been claimed and the department's decision is pending, the caretaker relative is not required to cooperate with DCS.
DCS determines when a client is not cooperating and notifies the CSO.
DCS also determines when a client has resumed cooperation and notifies the CSO. Any non-cooperation sanctions imposed are to be lifted effective the date that DCS declares is the date the client began cooperating.
DCS considers a TANF / SFA parent / caretaker with an SSI child a "non-assistance" case. A parent / caretaker in this circumstance cannot be required to help DCS.
A non-needy caretaker relative is not required to cooperate with DCS for that child to get Medicaid.
A parent getting Family Medical with his/her child and also getting TANF for a relative as a non-needy relative cannot be sanctioned for non-cooperation on the TANF case.
EXAMPLE
Mary receives Family Medical (F04) for herself and her son, Tom. She also receives TANF (F01) for her niece, Hannah. DCS sends a non-cooperation notice to the CSO, stating that Mary is not cooperating with them on Hannah’s case. The CSO cannot sanction Mary’s Medicaid for herself (F04) because of her non-cooperation on the TANF (F01) case. She is not financially responsible for Hannah, and is not receiving Medicaid benefits through her. She is linked to Medicaid through her own child, Tom – and is cooperating with DCS on that case.
WAC 388-422-0020
WAC 388-422-0020
Effective October 12, 2002
WAC 388-422-0020 What if you are afraid that cooperating with the division of child support (DCS) may be dangerous for you or the child in your care?
You can be excused from cooperating with DCS when you have a good reason. A good reason not to cooperate is also called good cause. You have a good reason when you can prove that:
Cooperating with DCS would result in serious physical or emotional harm to you or the child in your care.
Establishing paternity or getting support would be harmful to the child who:
Was conceived as a result of incest or rape; or
Is the subject of legal adoption proceedings pending before a superior court; or
Is the subject of ongoing discussions between you and a public or licensed child placement agency to decide whether you will keep the child or put the child up for adoption. The discussions cannot have gone on for more than three months.
Once you claim good cause, you have twenty days to give us the information that proves you have good cause not to cooperate with DCS. This information can include official records, sworn statements, or other information that supports your good cause claim. If you need to, you may ask for:
More time to give proof; or
Help in getting proof.
While we review your good cause claim, DCS does not take any action to establish or enforce support on your case.
You have the right to:
Be told of your right to claim good cause for not cooperating with DCS;
Get benefits while we are deciding your good cause claim, as long as you have given the proof needed to make a decision;
Get a decision within thirty days from the date you made your good cause claim, as long as you have given the proof needed to make a decision within twenty days; and
Get information about how to request a fair hearing if we deny your good cause claim.
If we approve your good cause claim, we periodically review the claim depending on your circumstances.
To see what DCS does when good cause is approved see WAC 388-14A-2060.
Have the client complete the DSHS 18-334, How You Must Help with Child Support Collection for Temporary Assistance for Needy Families (TANF) and, Medical Assistance Programs. Explain the requirement to help with child support collection and about good cause for not helping with child support collection.
If the client claims good cause or indicates they don't want to cooperate with DCS, refer the person to a Social Worker who will make the good cause determination. For more information see the Social Services Manual - Good Cause
When a client claims good cause enter a “Y” in the good cause indicator field, the appropriate code in the Reason field, and a “CP” claim pending in Status field on the NCPS. When good cause has been approved or denied, replace the “CP” with the appropriate code.
If a client begins to cooperate with DCS and then claims good cause, DCS will inform you that the client is claiming good cause. Begin the good cause determination process as in # 3 above. Change the Reason and Status fields to the appropriate code when the determination is complete. DCS gets notified in the overnight batch process when changes have been made to the NCPS.
WORKER RESPONSIBILITIES
Explain to the client that they have assigned their support rights for each child applying for or getting TANF / SFA or TANF-related medical by signing the application.
For unmarried, two-parent TANF applicants where the father is not named on the child's birth certificate, give the mother and alleged father the pamphlet titled, "Moms, Dads & Paternity Establishment -- Kids Need All Three", DSHS 22-586(X). Encourage them to sign a notarized Paternity Affidavit, DOH 110-001 in the CSO. If the parents choose not to sign the Paternity Affidavit, explain to them that the father will be referred to DCS for paternity establishment and they both will be required to cooperate with DCS unless good cause exists.
Non-custodial parent information for TANF, SFA and TANF-related medical-only applications is entered in ACES on NCPS. At the interview, give the caretaker relative / legal guardian the DSHS 18-334, How You Must Help with Child Support Collection for Temporary Assistance for Needy Families (TANF) and Medical Assistance Programs.
If a client receives a support payment from any party other than DCS after assignment is completed, notify DCS. Support payments received by the client prior to assignment are treated as unearned income.
WAC 388-422-0030
WAC 388-422-0030
Effective October 12, 2002
WAC 388-422-0030 What happens if my support is more than my TANF or SFA cash benefit?
If DCS collects current support that is more than your TANF or SFA cash benefit for two months in a row, your cash benefit stops at the end of the third month.
You can read WAC 388-418-0025 for information on continued medical benefits.
You may be able to get continued food assistance benefits.
You can read WAC 388-310-0800 to see what kinds of support services you may be able to get.
A TANF grant will automatically close after the second consecutive month that child support collections exceed the grant payment amount unless there are optional members in a Consolidated Assistance Unit. For instruction about how to close these cases, go to ACES Procedures. See link below.
