TAFDC child support rules

The state will keep most of the child support that  the other parent pays when you get TAFDC. DTA will send you the first $50 a month in current support that is paid. The state will keep the rest of the child support that is paid. Even if more than one parent is paying child support, DTA will only send you $50 a month.

If the amount of current child support paid by the other parent is more than your TAFDC grant for 2 months in a row, DTA should close your TAFDC case and pay the child support to you directly.

You must help the Child Support Services Division of the Department of Revenue (DOR) to get a child support order, unless you meet an exception. You have to give DTA any information you have about the other parent. You may have to go to court.

You meet an exception (called “good cause”) if:

• You or your child would suffer from serious emotional or physical harm if you go after child support. This includes but is not limited to domestic violence situations.
• You are the grandparent or other non-parent relative of the child,
• The pregnancy was the result of rape or incest,
• You are planning to give up your child for adoption, or
• You are from Cuba or Haiti, you recently came to the US, and the parent of one or more of your children is temporarily not living with you but is trying to join you as soon as they can.

Your DTA worker has to ask you about good reasons and explain to you what “good cause” is. Your worker should tell you if DTA needs any proof. Caregivers who are getting TAFDC for a dependent child but not for themselves never need to give DTA proof of this good reason to not cooperate.

Tell your worker if you are afraid the other parent may hurt you or your child, or if you have one of the other good reasons. If the reason has to do with safety or domestic violence, they must connect you to a DTA Domestic Violence Specialist.

Learn more about TAFDC for survivors of domestic violence.

If DTA agrees that you have a good reason for not cooperating, DTA will do one of two things.

• DTA may decide not to let the Department of Revenue go after child support or
• DTA may decide that DOR can go after child support but you will not have to go to court or help.

If you are unhappy with DTA’s decision, you have the right to appeal.

Important

DOR may try to seek support from the non custodial parent even if you have a good reason not to cooperate. You should get notice of this. Check with an advocate if it is a problem for you.

DTA cannot deny your benefits or sanction you just because you do not have information about the other parent. Contact your local Legal Services right away if DTA or DOR:

• threatens to deny your application,
• cuts you off for lack of information, or
• unreasonably asks you to track down information you don't have.

If DTA denies, reduces or stops your benefits, you have the right to appeal. If you get a written notice saying you have failed to cooperate with the child support rules, you can ask for a hearing. Learn more about appealing.