Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 3 - Conditions of Eligibility - Need › Part 1 - RESOURCES › Section 340:10-3-9 - Family relations as a resource

Current through Vol. 41, No. 20, July 1, 2024
State law is specific on the mutual responsibility of
					 spouses for each other and of a parent for his or her child(ren). When two
					 persons are married and live together , income or resources available to one
					 spouse is considered available to the other. When there is a break in the
					 family relationship, and the spouses separate , but are not divorced or legally
					 separated, they constitute a possible resource to each other and must be
					 explored to determine what, if any, income or resources may be made available.
(1) It is the legal responsibility of
				  the natural or adoptive parent(s) to support his or her minor child(ren) to the
				  extent that he or she is able to do so. For Temporary Assistance for Needy
				  Families (TANF), a minor is defined as a child younger than 18 years of age,
				  regardless of his or her marital status. A minor may also be considered a
				  person younger than 19 years of age when he or she attends high school and is
				  scheduled to graduate before his or her 19th birthday.
(2) This responsibility is not affected by
				  any action of either parent affecting the marriage relationship of the parents
				  or by a change in legal custody of the child(ren). A natural or adoptive parent
				  living in the home is responsible for the support of his or her minor
				  child(ren) even though the parent has remarried and the stepparent is in the
				  home.
(3) When a minor with a
				  child(ren) applies for TANF and lives in the same home with the minor's natural
				  or adoptive parent(s), the income of the minor's parent(s) is considered
				  available and computed the same as stepparent liability, per Oklahoma
				  Administrative Code
				  340:10-3-57(e).
				  When the minor parent's stepparent lives in the home, the stepparent's income
				  is not considered.
(4) When a
				  minor child(ren) lives in a relative's home separated from his or her
				  parent(s), the parent(s) continues to be responsible for the minor child's
				  support. The worker only considers financial support as income when it becomes
				  available to the child(ren). When the parent(s) offers support only when the
				  child(ren) moves back to the parent(s)' home, it is considered available only
				  when such a move is in the child(ren)'s best interest.
(5) An adult child(ren) has a moral, but not
				  a legal, obligation to support his or her parent(s) to the extent of his or her
				  ability. The person's statement that he or she does not receive contributions
				  from an adult child(ren) or other relatives not living with him or her is
				  sufficient when it is consistent with other known facts. When the person states
				  that he or she receives contributions , verbal or written statements from the
				  persons providing the contributions regarding the frequency and amount of such
				  contributions are required.
Amended at 10 Ok Reg
					 527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended
					 at 13 Ok Reg 281, eff 5-18-95 (emergency); Amended at 13 Ok Reg 2167, eff
					 6-14-96; Amended at 16 Ok Reg 3371, eff 7-1-99 (emergency); Amended at 17 Ok
					 Reg 2271, eff 5-1-00 (preemptive)