Public Assistance and Child Support

Custodial parents can assign child support rights to the state. In fact, it is required when parents receive many forms of state or federal assistance such as Temporary Assistance for Needy Families.

Every state has a child support enforcement agency that assists parents in collecting child support from non-custodial parents. This agency has responsibility for collecting child support for families receiving public assistance, and also for non-public assistance families who request it. Non-custodial parents pay the child support due to the agency and the agency then forwards it to the custodial parents.

Applicants for public assistance must assign child support rights to the state and must help locate the parent absent from the home. Failure to cooperate may result in the denial of public assistance.

If a state collects more in a month than is to be paid to the custodial parent for current and past due support, the rest of the money can be used to repay the state and federal governments for cash assistance the parent received.

Enforcement of Child Support by State

A child support order is as enforceable as any other court judgment or decree. A parent who is owed child support can use every legal tool available to enforce the order, including wage garnishments, wage assignments, contempt of court decrees, and seizure of property.

When child support rights are assigned to the state, these tools are available to the state to enforce the child support order and recoup the money expended via public assistance. Thus a non-custodial parent has the same obligation to pay child support to the state as he or she has to the custodial parent.

Related Resources on lawyers.com

- Child Support articles and information
- Find a Child Support attorney
- State Specific Child Support Links
- Child Support Message Board for more help