Child Support Division for Benefit Cap Children 400-19-45-90-15

(Revised 1/1/17 ML #3482)

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Effective January 1, 2002, a child subject to the Benefit Cap provision will not be referred to the Child Support Division under the TANF Program. Since a Benefit Cap child is not referred to the Child Support Division:

  1. The caretaker does not need to meet Up-front Child Support requirements for the Benefit Cap child(ren) only;
  2. Non-cooperation with the Child Support Division for the Benefit Cap child will never result in a sanction against the custodian;
  3. Child support income received on behalf of a Benefit Cap child will not be assigned. Instead, it will be sent to the payee identified in the court order.

Note: Any child support income received by the TANF recipient on behalf of a Benefit Cap child is considered unearned income to the household.