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601.3 TANF MANUAL 7/19 Page 4

601.3 LEGALLY RESPONSIBLE PERSONS - Under Virginia law the following persons have legal responsibility for support:

A. Husband, for wife*;

B. Wife, for husband*;

C. Parent, natural or adoptive, for child under 18, or child of whatever age who is incapacitated, unless such child is receiving federal or state assistance as permanently or totally disabled or is an adult qualifying for assistance to the blind.

D. A stepparent residing with a child(ren) of the natural or adoptive parent is responsible for such child(ren) who are receiving assistance and the parent as long as the stepparent lives with the natural or adoptive parent. The stepparent and the natural/adoptive parent will be considered living together regardless of absences due to military duty, employment, or other absences of convenience, as long as they consider themselves to be living as husband and wife.

The stepparent’s responsibility for the children does not exist once the natural or adoptive parent is absent from the home because of separation, divorce, or death.

E. The father of a child born out-of-wedlock, if**

1. the father and mother have made a written statement acknowledging paternity, under oath.

2. the man, unrelated to any court action, voluntarily submitted to genetic blood testing which affirmed at least a 98 percent probability of paternity; or,

3. the court enters judgment on the basis of other evidence that the man is the father. Such evidence as specified in Section 20-49.4 of the Code of Virginia is limited to the following:

a. that he cohabited openly or had sexual intercourse with the mother at the probable time of conception;

b. that he consented to or acknowledged, by a general course of conduct, the common use of his surname by the child;

c. that he claimed the child as his child on any statement, tax return or other document filed by him with any local, state or federal government or any agency thereof;

* Section 20-61, Code of Virginia ** Section 20-49.4, Code of Virginia

TANF Transmittal 66

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Official source

601.3 TANF MANUAL 7/19 Page 4

601.3 LEGALLY RESPONSIBLE PERSONS - Under Virginia law the following persons have legal responsibility for support:

A. Husband, for wife*;

B. Wife, for husband*;

The stepparent’s responsibility for the children does not exist once the natural or adoptive parent is absent from the home because of separation, divorce, or death.

E. The father of a child born out-of-wedlock, if**

1. the father and mother have made a written statement acknowledging paternity, under oath.

2. the man, unrelated to any court action, voluntarily submitted to genetic blood testing which affirmed at least a 98 percent probability of paternity; or,

3. the court enters judgment on the basis of other evidence that the man is the father. Such evidence as specified in Section 20-49.4 of the Code of Virginia is limited to the following:

a. that he cohabited openly or had sexual intercourse with the mother at the probable time of conception;

b. that he consented to or acknowledged, by a general course of conduct, the common use of his surname by the child;

c. that he claimed the child as his child on any statement, tax return or other document filed by him with any local, state or federal government or any agency thereof;

* Section 20-61, Code of Virginia ** Section 20-49.4, Code of Virginia

TANF Transmittal 66