WAC 388-422-0005   What happens to my child, spousal and medical support when I get public assistance?  (1) The following definitions apply to this chapter:

     (a) "We" means the department of social and health services.

     (b) "You" means a person applying for or getting benefits from us.

     (c) "Benefits" mean family medical and related alien emergency medical (AEM), TANF or SFA cash assistance.

     (d) "Support" means the money paid to meet a support order whether it is called child support, spousal support, alimony, maintenance, or medical support.

     (e) "Medical support" means either or both:

     (i) The set dollar amount for health care costs in a support order; or

     (ii) Health insurance coverage for a dependent child.

     (f) "Assistance unit" or "AU" means the group of people who live together and whose income and resources we count to decide your eligibility for benefits and the amount of those benefits.

     (2) When you apply for TANF or SFA cash benefits, you assign your rights to current support and back support (also called "arrears") under WAC 388-14A-2036. You permanently assign to the state your current support for the months you get assistance. Support for months before you begin receiving assistance is temporarily assigned to the state. For more information about permanently and temporarily assigned support see:

     (a) Permanently assigned arrears, WAC 388-14A-2037.

     (b) Temporarily assigned arrears, WAC 388-14A-2038.

     (3) You assign your rights to medical support under WAC 388-505-0540 when you apply for or get benefits from the following:

     (a) Family medical; or

     (b) Children's medical.

     (4) You assign your rights to support when you sign the application for benefits, or when you get cash or medical benefits.

     (5) If you have a good reason (WAC 388-422-0020) DCS may not be able to establish or collect child support (WAC 388-14A-2060).

     (6) If you receive any support payments before you assign your rights to support, we count this as unearned income to your AU (WAC 388-450-0025).

     (7) If you receive any direct support payments after you assign your rights to support, you must send the support payments to the division of child support (DCS) under WAC 388-14A-2040(3).

     (8) If you keep any support payments you receive after you assign your rights to support, DCS may collect this money from you (WAC 388-14A-5505).



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 02-19-041, § 388-422-0005, filed 9/11/02, effective 10/12/02; 98-16-044, § 388-422-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0560.]