704.330 Circumstances Governed by Legal Support Obligations for TAFDC

(a) Natural or adoptive parents have a legal obligation to support their minor children.

(b) A natural or adoptive parent living in the same household as the child, must have his or her income used to determine eligibility of the dependent child even if the parent is not eligible to be included in the assistance unit or required to be in the filing unit.

(2) Spouses

Spouses have a legal obligation to support their spouses and, at the same time, have a right to receive support from them.

(a) If the grantee’s spouse is living in the same household, his or her income must be used to determine the grantee’s eligibility;

(b) If the grantee’s spouse living in the same household is a stepparent, see 106 CMR 704.235 to determine the amount of the stepparent’s income that is deemed to the assistance unit.

(B) Income, excluding noncountable income as provided in 106 CMR 704.250, of those persons who have a legal obligation to support and who live in the same household as the dependent child shall be treated as follows:

(1) Persons who are not required to be in the filing unit and are not applying for or receiving TAFDC for themselves shall have their income deemed to the filing unit in accordance with 106 CMR 704.235; and

(2) Persons who must be in the filing unit but are excluded from the assistance unit because they failed to cooperate and/or have been sanctioned in accordance with 106 CMR 703.150, 703.181, 703.500, 703.525, 703.160, 706.305, 706.410 or 707.200, shall have their income made available to the filing unit in accordance with 106 CMR 704.310.

Transitional Cash Assistance Programs

Financial Eligibility | Chapter | 704

Rev. 5 /202 4 | (1 of 2) | Page Page | 704.335