Setting the Baseline: A Report on State Welfare Waivers. Table VIII.B, Section 1115 Waivers with Child Support Implications

06/01/1997

State Provisions Scope Waiver Dates
Alabama

Extends $50 child support pass-through and requirement that custodial parents cooperate with child support enforcement to food stamp program.
 

Allows JOBS services to be provided to non-custodial parents.

Clarke, Limestone, and Madison counties

Start: 5/90

ongoing

Arizona For individuals participating in Full Employment Demonstration Project, all child support collections will be passed through to participant. The full amount will be disregarded in calculating both AFDC and food stamp benefits. Casa Grande, Eloy and Coolidge areas of Pinal County

Start: 10/95

End: 9/02

California

Parents Fair Share: Use JOBS funds to provide training, employment and support services for non-custodial parents of AFDC children.

 

Child support payments for children excluded under the family cap provision will not be counted as income when calculating benefits.

Los Angeles county

Start: 1994

 

Approved: 8/96

Duration: 3 years

Colorado

$50 pass-through is disregarded with respect to calculating food stamp benefits.

 

IV-D office determines cooperation and imposes sanctions for noncooperation.

Adams, El Paso, Jefferson, Logan and Mesa counties

 

Denver, Mesa and Archulete counties

Start: 4/94

End: 3/99

 

Start: 12/95

End: 9/98

Connecticut

All support payments are redirected to AFDC family. $100 of child support is disregarded; the remainder is considered unearned income.

 

There are progressive sanctions for failure to comply with child support requirements: first failure: 20 percent benefit reduction for three months; second failure, 35 percent reduction for six months; additional failures, full-family sanction for three months.

 

Non-custodial parents may be served under the JOBS program.

 

Transitional Medicaid is available for 24 months to those who lose eligibility for AFDC benefits due to child support, as well as to those who become ineligible because of work.

 

In pilot sites, Connecticut established a child support assurance program, which guarantees payments while on AFDC and for a period of three years after family leaves AFDC. Recipients must have support orders, or have been determined as having "good cause" not to pursue support. This provision was not extended when A Fair Chance was amended as Reach for Jobs First in 1995.

Base program is statewide. Pilot sites are New Haven and Manchester area

Start: 1/96

End: 12/03

 

Start: 11/94

Delaware

Up to ½ of the child support collected can be passed through to the family, as part of fill-the-gap budgeting (to augment the AFDC payment up to a portion of the need standard).
 

Full-family sanction for noncooperation with child support, unless parent can demonstrate that pursuing child support would endanger the custodial parent or child.

 

Non-custodial parents may be served under JOBS program. This program will be phased in, beginning with young parents of the children of teen mothers.

 

Income received on behalf of a child excluded under the family cap provisions, including child support, will not be counted in determining AFDC benefit levels.

 

Noncooperation to be determined by IV-D office but IV-A imposes sanction.

Statewide, after a phased implementation by county

 

Kent County

Start: 10/95

End: 9/02

 

Start: 10/95

End: 3/97

Florida

Non-custodial parents may participate in JOBS if required by support order, plus Parents Fair Share in Duvall County.

 

Child support payments for children subject to family cap are not counted towards AFDC budget.

Selected counties

 

Statewide

Start: 1/94

End: 12/0

 

Approved: 6/96

Duration: 5 years

 

PFS: Ends: 1998

Georgia

Under Work for Welfare Project, non-supporting, non-custodial parents must participate in work experience for 20 hours per week, subject to court order. The penalty for non-participation, without good cause, is liability for a contempt citation.

 

Denied benefits from family cap can be earned back through child support or earnings.

Statewide

 

Statewide

Approved: 10/95

Duration: 5 years

Imp. Pending

Start: 1/94

End: 12/98

Hawaii Eliminates $50 pass-through. Statewide

Approved: 8/96

Duration: 8 years

Illinois

Requires more extensive information for cooperation with paternity establishment. Failure to cooperate during the first six months after notification will result in elimination of the parent's portion of the AFDC grant and Medicaid. After six months, the child's portion of the grant can also be terminated

 

Allows JOBS services to non-custodial parents who are ages 18 to 35, eligible to receive Food Stamps, have children receiving AFDC, agree to participate in the demonstration for at least two years, secure the custodial parent's consent to participate and have paternity established.

Statewide

 

Pilot sites

Approved: 6/96

Duration: 5 years

 

Start: 10/93

End: 9/97

Indiana

For the purpose of determining food stamp eligibility and benefits, disregards child support payments for six month period following the initiation of employment.

 

Failure, without good cause, for either an applicant or a recipient to cooperate with child support enforcement will result in denial of AFDC benefits for the adult. After six months of noncooperation, the penalty will be denial of AFDC assistance to both the caretaker and the relevant child until compliance.

Statewide

Start: 4/95

End: 6/02

 

Amendments approved: 8/96

Kansas Applies progressive fiscal sanction to families whose head fails to cooperate with child support. For two months, the needs of the caretaker will be excluded from the AFDC grant. If after two months the individual is still not cooperating, the family's AFDC cash benefits will be eliminated until cooperation begins. Statewide

Approved: 8/96

Duration: 7 years

Maine

Work supplementation program being tested in nine counties passes through all child support collected to participating families. Except for the first $50, it is counted as unearned income for eligibility and benefit level determinations.

 

Requires cooperation with child support enforcement as part of family contract. Non-cooperation is subject to sanctions similar to JOBS sanctions.

Pilot counties

 

Statewide

Approved: 6/96

Duration: 5 years

Maryland

Extends JOBS services to unemployed non-custodial parents.

 

All child support received for child excluded from AFDC benefits due to family cap will be passed through. If this amount is less than the family would otherwise have received from AFDC, the state will issue a third party payment or voucher/vendor payment on behalf of the child. Caretaker must cooperate with child support, rather than depending on the voucher, and will be sanctioned for failure to do so.

 

Eliminates $50 pass-through. Failure to cooperate with child support enforcement can result in the entire family being ineligible for cash assistance and the adult being ineligible for Medicaid. Sanctions can not be imposed until 30 days after the conciliation process is begun.

Statewide

 

Start: 10/96

End: 9/01

 

Amendments approved: 8/96

Massachusetts

Custodial parent must provide specific verifiable information about the father, specifically, the father's full name and either his Social Security number or two other pieces of identifying information. The penalty for noncooperation without good cause is the reduction of the cash benefit by the amount attributable to the caretaker's needs. This policy is currently suspended, as a result of a court injunction.

 

In determining the AFDC payment amount for a family, the first $90 of all income attributable to the additional child, including all child support, will be disregarded.

 

Parents Fair Share - Use JOBS funds to provide training, employment and support services for non-custodial parents of AFDC children.

Statewide

 

Hampden county

Start: 10/95

End: 9/05

 

Start: 1992

End: 1998

Michigan

Unemployed non-custodial parents may be required to participate in JOBS activities, plus Parents Fair Share in Kent County.

 

Allows federal funding for custody and visitation mediation services provided by the IV-D agency.

Statewide

Start: 10/92

End: 9/99

added: 10/94

 

PFS: Start: 1992

End: 1988

Minnesota Use JOBS funds to provide training, employment and support services for non-custodial parents of AFDC children (Parents Fair Share model). Anoka, Dakota and Ramsey counties

Start: 1992

End: 1997

Mississippi

Under Work First program, child support collections are passed-through to the custodial parent. The full amount is disregarded with respect to establishing eligibility, but only $50 is disregarded in determining benefit levels.

 

Unemployed non-custodial parents may be required to participate in JOBS activities.

 

Child support received on behalf of a child excluded under the family cap provisions goes directly to the family and will not be counted in determining AFDC eligibility or benefit levels.

Adams, Harrison, Jones, Lee Hinds and Washington counties

 

Above, plus Leflore and Oktibbeha counties.

 

Statewide

Start: 10/95

End: 9/00

Missouri

For families participating in subsidized employment, child support collected in excess of the amount used to subsidize wages will be passed directly to the family. This extra money does not affect the unit's eligibility for assistance.

 

Unemployed non-custodial parents may be required to participate in JOBS activities; Non-custodial parents of AFDC children may receive credit against state child support debt for satisfactorily participating in JOBS, plus Parents Fair Share in Jackson county

Targeted communities

 

18 counties

Approved:

1/13/93

Duration:

5 years

Start: 4/95

End: 5/00

 

PFS: Start: 1992

End: 1998

Montana

Families who have received Job Supplement payments in lieu of AFDC will receive all current-month child support collected on their behalf, and the federal portion of arrearage collected.

 

For families participating in the Pathways and Community Services Program, the $50 child support pass-through is disregarded for the purpose of food stamps. Court ordered child support paid by household members to children outside of the household will be excluded from household income.

 

Cooperation with child support enforcement is one aspect of the Family Investment Agreement which participants must sign. Individuals who fail to comply with agreement provisions are sanctioned by loss of the adult portion of benefits for increasing periods of time with each instance of non-compliance.

Statewide

Start: 1/96

End: 12/04

Nebraska Child support received on behalf of a child excluded as the result of a family cap will not be counted in determining AFDC eligibility or benefit payments. Statewide, after phased implementation.

Start: 10/95

End: 9/02

New Hampshire

All current child support collected is passed through to family; however none of it is disregarded in determining the family's grant amount.

 

Pregnant women without children and custodial parents must cooperate with paternity and child support. In turn, they receive priority child support enforcement services.

 

The state may use JOBS funds to serve non-custodial parents of AFDC children and of low-income children at risk of needing AFDC in the future. Such parents may be required under court-order to participate in JOBS activities for up to 40 hours a week.

Statewide

Approved:

6/18/96

Duration:

5 years

New Jersey Use JOBS funds to provide training, employment and support services for noncustodial parents of AFDC children (Parents Fair Share) Mercer county

Start: 1992

End: 1998

New York

Child Assistance Program (CAP) - Guaranteed cash payment with substantially increased earnings disregard, food stamp cashout and elimination of the $50 pass-through. Families must have a child support award to participate and must have earnings for the CAP benefit level to exceed the AFDC payment.

 

Allows unemployed non-custodial parents of AFDC children eligible for JOBS services. (Project on hold by state)

Albany, Allegheny, Broome, Chautauqua, Erie, Monroe, NYC-Brooklyn, Niagra, Oneida, Onondaga, Rockland, St. Lawrence, Suffolk, Ulster counties

 

6 pilot sites

Start: 1988-1989

Expanded: 1993-1994

End: 1999

 

Approved: 10/94

North Carolina Participant must sign contract agreeing to cooperate with child support. Failure to sign the contract will result in denial of AFDC benefits. The sanction for noncompliance with the terms of the contract will be a $50 reduction for three months for the first instance, a $75 reduction for three months for the second instance, a $75 reduction for four months for the third instance, and a $75 reduction for 12 months for the fourth. Statewide

Approved: 2/96

Duration: 5 years

North Dakota

Eliminates child support pass-through.

 

Progressive sanctions for failure to cooperate with child support enforcement:

--- First failure, caretaker's needs removed for at least one month.

--- Second failure, caretaker's needs removed for at least two months, and the entire family becomes ineligible if the non-cooperation persists for three months.

--- Third failure, the caretaker's needs are removed for three months, and the entire family becomes ineligible at the end of three months.

Ten pilot counties: Adams, Cass, Ransom, Richland, Sargent, Stark, Steele, Stutsman, Traill and Williams.

Approved: 9/95

Duration: 5 years.

Ohio

The state has received waiver authority to pay a one-time paternity bonus of $150 to families that establish paternity after coming on to AFDC. However, there are no funds appropriated at this time to implement a bonus policy. The pass through is increased to $75.

 

AFDC caretaker relatives must provide "sufficient information available to the caretaker," through "reasonable diligent efforts." If the caretaker fails to provide information or fails to appear for two or more appointments, the caretaker's eligibility will be terminated. The caretaker must reapply and cooperate within two years, or the entire family will be made ineligible. After two years, the family can reapply if the caretaker cooperates.

 

Use JOBS funds to provide training, employment and support services for noncustodial parents of AFDC children (Parents Fair Share)

Ten counties

 

Statewide

 

Dayton and Butler counties

Approved: 3/97

Duration: 5 years

 

Approved: 3/96

Duration: 5 years

 

Start: 1992

End: 1998

Oregon

For families participating in JOBS First work supplementation program, distributes child support collections directly to the custodial family. The full amount of the child support passed through is disregarded as income for eligibility determination, but not in determining the level of benefits. For that purpose, the basic $50 disregard still applies.

 

A one-time payment may be made by the state to recipients who help to establish paternity or facilitate child support collection for a child on AFDC. The value of this payment is disregarded for the purposes of calculating eligibility or benefits.

 

Although it is not explicitly stated in the waiver terms and conditions, the waiver allows unemployed non-custodial parents to participate in JOBS/ JOBS Plus activities

Statewide.

(Initially piloted in six counties, beginning in January 1995)

Approved: 3/96

Duration: 5 years.

Pennsylvania On hold by state. N/A N/A
South Carolina

Increases amount of child support passed through to AFDC recipients incrementally, rising from $75 initially to 100 percent. All child support payments received are disregarded in determining eligibility and benefit levels.
 

AFDC and Medicaid applicants and recipients must provide the full name of the non-custodial parent, any known licenses which might be subject to revocation, and at least three more items of information. Both the custodial parent and child may lose AFDC for failure to provide the information without good cause, but only the parent can lose Medicaid benefits. Good cause is defined as documentation of incest, rape, or the existence or threat of physical abuse to parent or child. The state will establish criteria for determining cooperation in cases where the custodial parent can not reasonably be expected to know identifying information about the child's father.

 

Requires court-ordered, unemployed non-custodial parents of AFDC children to participate in JOBS.

Statewide

Approved:

5/3/96

Duration:

7 years

Tennessee

Failure, without good cause, by an applicant or recipient of AFDC to cooperate with child support enforcement will result in ineligibility for the entire assistance unit until compliance. Cooperation is required by all caretakers, regardless of whether they are included in the assistance unit.

 

A new spouse who marries an AFDC recipient will receive credit for child support arrearages owed to a child or children in the new family unit, so long as the new spouse resides in the home. If such spouse leaves the home where the children reside prior to the termination of child support obligations under state law, the spouse becomes liable for the full arrearage.

 

When a non-recipient married an AFDC recipient, the income of the new spouse will be disregarded if the income, minus child support payments made to a child outside the AFDC assistance unit, is less than 185 percent of the standard of need for the assistance group size. The spouse may elect whether or not to be included in the assistance unit. For families subject to the time limits, this provision will only apply for one eligibility period of 18 months.

 

Under the Responsible Fatherhood Demonstration Project, federal funds may be used to support home-based counseling, group support, education, training, and employment assistance to approximately 100 fathers of AFDC children.

 

Use JOBS funds to provide training, employment and support services for noncustodial parents of AFDC children (Parents Fair Share).

Statewide

 

Davidson county

 

Shelby county

Approved: 7/96

Duration: 11 yrs

 

Duration: 2 years

 

Start: 1992

End: 1998

Texas

Applicants and recipients must sign a personal responsibility statement that requires as a condition of eligibility cooperation with child support requirements and paternity establishment. Parents will be removed from AFDC grant for failure to comply with the terms of the agreement.

 

Allows private support orders to be included in the IV-D system without application.

Statewide

 

Six counties

Approved: 3/96

Duration: 8 years

 

Start: 1996

End: 2001

Utah

Penalty for failure to cooperate in child support cases, without good cause, is $100 reduction in the monthly benefit payment.
 

Allows non-custodial parents of AFDC children to participate in the JOBS program.

 

The amount of child support paid by the non-custodial parent will be disregarded when determining Medicaid eligibility. For the purposes of determining the amount of the food stamp allotment, up to $50 monthly of IV-D child support received by the household will be disregarded as income. This income exclusion will continue for two years after the household leaves the AFDC program.

 

Families with a child in common will be treated as a single filing unit including both parents and all children in the household related to either parent.

 

Families receiving diversion payments are not required to assign their rights to child support to the state. The estimated amount of child support they will receive in the next three months shall be taken into account in determining the amount of the diversion payment.

Demonstration sites

 

Start: 1/93

End: 12/00

 

Added in amendments approved 7/95

 

Added in amendments approved 7/96

Vermont All child support payments will be disbursed to the AFDC family. Such payments in excess of the $50 pass-through will be counted as income in calculating AFDC and food stamp benefits. Statewide

Start: 7/94

End: 6/01

Virginia

Individuals who volunteer for employment opportunities and are enrolled in training programs will receive all current child support payments collected on their children's behalf during the period in which they are receiving a training stipend. Receipt of this child support will not affect the amount of the training stipend, and will be disregarded in calculating food stamp benefits. Such payments may continue to be made directly to the family for up to three months during periods of interruption in training for which there is good cause.

 

In pilot site, a child support insurance payment will be available to former AFDC recipients whose cases were closed due to earned income, who are working at least 30 hours per week and receiving at least minimum wage, have a support order for a parent living in Virginia, and have been on AFDC for two or more years. The payment will be equal to the average support order for AFDC cases in the state with the same number of children covered by the order. Participants will receive the insurance payment or the actual current child support paid, whichever is greater.

 

Custodial parents must cooperate in establishing paternity and obtaining support by providing the father's first and last name, and at least three more items sufficient to verify the father's identity. After six months of AFDC receipt, if the local agency determines that paternity has not been established because the recipient is not cooperating, the full-family will lose AFDC benefits for a minimum of one month, and until the caretaker relative begins to cooperate with the IV-D agency.

 

Child support received on behalf a child excluded under the family cap will not be considered in determining the AFDC payment amount for the family.

Statewide, for long-term AFDC recipients

 

Richmond area

 

Statewide

Start: 7/94

End: 9/98

 

Start: 7/95

End: 6/03

Wisconsin

Under Work Not Welfare, all current child support payments will go directly to the client. Support above $50 will be counted as income in determining the grant amount.

 

Non-custodial parents who are not meeting their children's child support needs may be ordered by the court to participate in employment-related activities under JOBS.

Two counties

 

Six counties (limited to teen parents)

Start: 1/95

End: 12/06

 

Start: 7/94

End: 6/99

Wyoming Provides JOBS services to non-custodial parents court-ordered to participate. Statewide

Start: 7/93

End: 6/95