Unmarried TANF Households - Children in Common 400-28-45-25
(Revised 11/1/11 ML #3295)
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NDAC 75-02-01.3-04
When two unmarried adults reside together, in order for a child to be considered a child in common, paternity of the child in common must be verbally acknowledged, legally adjudicated, or the parents must have signed a voluntary acknowledgement of paternity.
When a household consists of two unmarried adults who each have a child(ren) and a child in common, and BOTH caretakers are eligible for TANF:
- If child care is being requested for the child in common, only one case is established and both parents, the children of both parents and the child in common must be included in the child care assistance unit.
- If child care is NOT being requested for the child in common, two cases must be established and the child in common must be included in each case
Example: Household includes mom, her child, Dad, his child and a child in common. Mom is requesting child care for her child and Dad is requesting child care for his child. Child care is NOT being requested for the child in common. Since assistance is not being requested for the child in common, Mom and Dad must each complete an application for the Child Care Assistance Program. The child in common would be included as a member of the child care assistance unit in both Mom and Dad’s household. Both Mom and Dad would have a 3 person household.
When a household consists of two unmarried adults who each have a child(ren) and a child in common and ONLY one caretaker is eligible for TANF, two separate cases must be established.
- If child care is being requested for the child in common, the child in common is included in the TANF caretaker’s child care assistance unit and child care for the child in common is determined in the TANF caretaker’s case.
- If the non-TANF caretaker requests child care, the child in common is included in the child care assistance unit of the non-TANF caretaker. However, the child care for the child in common is paid in the TANF caretaker’s case.
Example: Household includes mom, her child, Dad, his child and a child in common. Mom is requesting TANF and child care for her child and Dad is requesting child care only for his child. Mom and Dad must each complete an application for the Child Care Assistance Program. The child in common would be included as a household member in both Mom and Dad’s household. Both Mom and Dad would have a 3 person household.
Note: If child care is being requested for the child in common, the child in common’s child care would be determined in Mom’s case as she is TANF eligible.