311.01 Who Is Liable to Support a Child on TANF Financial Assistance (FAM)

SR 94-04 Dated 04/94

Previous Policy

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The following individuals are legally liable for the support of a child on TANF financial assistance:

• a natural, legal, step-, or adoptive parent who is physically absent from the home, and

• a grandparent whose minor child is the unmarried parent of an TANF child.

When the District Office makes a preliminary determination that a relative is liable for support, notify the Office of Child Support Enforcement Services (OCSES). OCSES makes final determinations of liability, locates liable relatives, and seeks financial support.

A child may have more than one relative liable for support.

Example

A child may have a divorced natural parent who is court-ordered to pay child support. At the same time, the child’s stepparent may be absent from the home.

The following special considerations affect liability for support:

• In cases of unwed parents, paternity must be established at the soonest possible time, up to the child’s 18th birthday.

• Individuals whose parental rights have been terminated are not liable for support, effective on the date of the court decree ordering the termination.

• An adoptive mother or father assumes all liability for ongoing support of the child effective on the date of the adoption decree. Any parent who has surrendered a child for adoption has terminated parental rights over the child.

• An absent stepparent must currently be married to the child’s natural, legal, or adoptive parent. A divorce terminates liability, unless a court has ordered the stepparent to pay child support. A petition for divorce or a temporary stipulation does not terminate the liability.