Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › STATEMENTS OF POLICY › Section 183.901 - Putative father/voluntary child support-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A putative
					 father does not have the legal status of being a father, and consequently is
					 not under a legal obligation to support a minor dependent child until paternity
					 is established. Similarly, for public assistance purposes, he is not considered
					 a legally responsible relative, and therefore, his income is not subject to the
					 deeming requirements of §
											183.44(b)(2)
					 (Reserved) or §
											183.64(b)(3)
					 (relating to income averaging). Following this legal principle, the Department
					 developed its policy on the treatment of voluntary contributions from putative
					 fathers as stated in Income Maintenance Bulletin 99-85-21 (relating to
					 determining category of assistance involving putative fathers).
(b) Voluntary contributions from putative
					 fathers will be considered child support and treated under §
											143.23(g)
					 (reserved), if either the mother or putative
					 father state in writing that the money received is for the support of the
					 child. This policy applies regardless of whether the putative father lives or
					 does not live with the child. Treating voluntary contributions in this manner
					 will enable recipients to receive support pass-through benefits of up to $50
					 per month.
(c) If neither the
					 mother nor the putative father acknowledge in writing that a payment from the
					 putative father is child support, it is considered a contribution and adjusted
					 to the monthly assistance grant unless exempt under § 183.43
					 (reserved).
(d) The specified
					 relative is still required to cooperate in efforts to establish paternity under
					 §§
											141.21(d)(2)  and
					 187.23(a)(2)
					 (relating to policy; and requirements). The fact that a putative father agrees
					 in writing to support the child does not establish paternity nor does it negate
					 the responsibility of the specified relative to pursue this action. If a
					 putative father is willing to provide a written statement regarding child
					 support, the income maintenance caseworker should explore the possibility of
					 having the putative father sign the Acknowledgement of Paternity Form,
					 H105.181, under §
											153.44(e)
					 (relating to procedures). When paternity is established, the putative father
					 becomes a legally responsible relative and is subject to the mandatory filing
					 unit requirements if living with the child and eligible for AFDC. If a GA
					 eligible family, the income of the legally responsible relative is subject to
					 the deeming requirements under §
											183.64(b)(3). If
					 the legally responsible relative is absent from the home, voluntary support
					 payments continue to be collected until a court order is established and
					 payments are sent directly to the Department.
This appendix cited in 55 Pa. Code §
													183.71 (relating to gross income
						  test); 55 Pa. Code §
													183.91 (relating to LRR, parent or
						  legal guardian of an AFDC minor parent and stepparent deductions); 55 Pa. Code
						  §
													183.93 (relating to sponsor
						  deductions); and 55 Pa. Code §
													183.105 (relating to increases in
						  income).