(Revised 1/1/13 ML #3358)
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When budgeting for children whose parents are living together, but are not married:
- If paternity has not been legally established, but the father's name is on the birth certificate or he has signed the "North Dakota Acknowledgment of Paternity" form, SFN 8195, with a revision date of 4/98 or later, the income of the father must be used to determine Medicaid eligibility. The assets of the father must also be used if the child is eligible as a disabled individual.
For the month of birth a child’s eligibility follows that of the mother. If the mother is eligible for the 60 free days after birth, the child is too. The father's income and, if appropriate, assets are used beginning with the month of birth, however, if they would cause Medicaid ineligibility for the child, the child will remain eligible through the month in which the 60th day falls.
Child care expenses for the child are split between the two parents; however, if half of the deduction is more than one parent's available income, the unused amount of the expense can be deducted from the other parent's income.
- If paternity has not been legally established, and the father's name does not appear on the birth certificate or he has not signed the "North Dakota Acknowledgement of Paternity" form, SFN 8195, with a revision date of 4/98 or later, the income and assets of the father will not be used to determine eligibility.
- When the only child in common is an unborn and the prospective parents are unmarried but living together, the unborn's father should be added to the case as of the month in which he joins the household or when paternity is established, whichever is later.
