FEP, FEP-TP, TCA, Specified Relative

The natural or adoptive parents are equally responsible for the support of their minor children, even though the children may not live in the parental home. Parental responsibility and the requirement for Duty of Support procedures remain until such time as the children attain age eighteen, are emancipated by marriage, or as otherwise ordered by the courts.

These requirements apply to all applicant parents who are divorced, separated, or have never established paternity on an absent parent.

A stepparent has the same right to recover support for a stepchild as the natural or adoptive parent.

If the only parent in the household is a Supplemental Security Income (SSI) recipient, and the SSI parent is receiving assistance for the children residing in the household, the SSI parent MUST cooperate with duty of support requirements for the household to be eligible.

An eligible parent under age 19, who lives with his parents or stepparents, must complete duty of support procedures against the non-custodial parent of his or her own child. The parent must meet all other program eligibility criteria.

Specified relatives must cooperate with duty of support procedures on the child's parents to receive this type of assistance. Office of Recovery Services (ORS) must be informed if the child has been placed in the specified relative's home through a court order and any special handling of the case required by the court order. See policy 223 for more information relating to obtaining support from the parents.

If the parent(s) is an undocumented non-citizen parent and the parent is receiving assistance for the eligible children residing in the household, the undocumented non-citizen parent MUST cooperate with duty of support requirements for the household to be eligible.

Duty of Support regulations and procedures apply to all cases except those that meet the following conditions:

Both parents are in the home, and

Both parents are the child's legally recognized natural or adoptive parents and by law they are the only people responsible for the support of the child.

Duty of Support is NOT required for recipients of Refugee Cash Assistance (RCA).

Duty of Support is NOT required on a stepparent who is separated or divorced from the natural or adoptive father or mother.

Duty of Support is NOT required on unborn children. The requirements begin when the child is born.

Duty of support is not required for a customer receiving a FEP diversion payment. However, if the adult applicant desires Medicaid, Duty of Support may be required for Medical programs.

If the only dependent child is an SSI recipient or a child receiving adoption subsidy payments, the parent is not required to cooperate with ORS. See policy 221-2 for more information on children who receive adoption subsidy.