311.07 Assignment to DHHS of Rights to Support Income (FAM)

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Assignment of child/spousal support rights to DHHS is a condition of eligibility for Financial Assistance to Needy Families (FANF). Support rights are automatically assigned to DHHS upon signing the BFA Form 800, Application for Assistance. However, all FANF applicants must additionally fully complete BCSS Form 725, Application for Child Support Services, to initiate assignment.

If an applicant of FANF indicates an absent parent is "unknown", the individual must meet with a child support representative as a condition of eligibility.

FANF applicants who refuse to assign support, complete the BCSS Form 725, or meet with a child support representative as required, are denied assistance. No good cause exists for the above reasons. Document the refusal in the case record. However, provide the client with information relevant to proving a good cause claim for refusal to cooperate.

The support that must be assigned to DHHS includes payments which are owed, are pending, or are continuing as of the date the applicant assigns the rights to the support income over to DHHS.

Example:

A mother applied for FANF financial assistance in July. In September, she received $1,800 from her ex-husband. The sum represents 6 months in back child support. The mother must give the entire accrued amount to DHHS.

Applicants and recipients of IDP and FWOC financial assistance are not required to assign DHHS the rights of child/spousal support as a condition of eligibility. However, these applicants and recipients must comply with developing all potential sources of income. See PART 317, DEVELOPING POTENTIAL SOURCES OF INCOME. See Medical Assistance Manual PART 313, ASSIGNMENT OF CHILD/SPOUSAL MEDICAL SUPPORT RIGHTS, for medical assistance policy on this topic.

References: He-W 606.31, He-W 627.04, He-W 636.08, He-W 636.09, He-W 652.07, RSA 161:4-a,V, RSA 161-B:1-4, RSA 161-C:22, RSA 167:79,III(c) & VI(a), RSA 167:82,III(a)-(b), RSA 167:83,II(l) & IV, 42 USC 608(a)(3)