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COMBINED MANUAL

ISSUE DATE 09/2016

ASSIGNING RIGHTS TO SUPPORT

0012.18

MFIP: Caregivers must assign their rights to child support, spousal maintenance benefits, and child care support to the State of Minnesota. A caregiver assigns all rights of the unit to child support, spousal maintenance benefits, and child care support by signing the Combined Application Form (CAF). Also see 0012.24 (Child Support Sanctions).

Assignment of child support and spousal maintenance benefits takes effect the date MFIP cash opens. It applies to all support owed at that time and any support owed or received during the period of assignment. It ends with the last day of the month in which any unit member receives MFIP cash portion.

Do NOT make a Child Support Referral for a married parent who is called to military duty away from home when there is no breakdown in the marital relationship.

CHILD AND SPOUSAL SUPPORT

The state retains the right to child support owed but not paid during the period of assignment. This is called permanently assigned arrears. The state also has the right to child support not paid before the period of assignment. These are called temporarily assigned arrears. The state must return these pre-assistance arrears to the caregiver when the caregiver’s MFIP cash closes IF the state has not collected them while the caregiver is on cash assistance. After cash portion closes, the state retains a lesser right to those arrears. After cash portion closes, any collections on the temporarily assigned arrears are sent to the caregiver unless the collection method is federal tax intercept. At no time can the state keep collections greater than the amount of the caregiver’s lifetime assistance.

A unit is ineligible when a caregiver refuses to assign the rights of unit members to child support, spousal maintenance benefits, or child care support.

CHILD CARE SUPPORT

Child care support assignment takes effect when a family begins to receive child care assistance. Compliance with assignment is a condition of eligibility for families in which both parents of all children in subsidized care do not reside in the home. Assignment takes effect the 1st day of the month following the month the family begins to receive child care assistance. Any child care support received by the family after the effective date should be returned to the county child support agency. Child care support received by parents prior to the assignment effective date will not be recouped. Assignment of child care support remains in effect across all child care assistance programs (MFIP, Transition Year, and Basic Sliding Fee) if the family is continuously eligible for child care assistance and child care assistance is being paid. Child care support is not assigned for a child who is not using subsidized care.

DWP: No provisions. DWP participants must cooperate with obtaining support. See 0012.21.03 (Support from Non-Custodial Parents). Do NOT make a Child Support Referral for a married parent who is called to military duty away from home when there is no breakdown in the marital relationship.

SNAP: No provisions.

MSA: No provisions. MSA participants must comply with MA requirements to maintain automatic eligibility for MA. See the Minnesota Health Care Programs Eligibility Policy Manual.

GA: Pursue child and medical support as another maintenance benefit. Refer units to the Child Support Agency as non-PA cases. See 0012.12 (Applying for Other Benefits), 0012.21.03 (Support From Non-Custodial Parents), 0013.15.51 (GA Basis - People