Establishing and Enforcing Child Support Orders — Page 8 of 8

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Assignment of Support Rights

As a condition of receiving TANF, the CP assigns (gives up) his or her support rights to Sonoma County. This assignment is for current support as well as for any support past due, and continues as long as the family is on public assistance. A TANF recipient cannot receive both public assistance money and the support amount collected by the DCSS. The exceptions to this rule are "disregard" payments.

If there is an existing support order, the DCSS will collect the current support amount owed by the NP plus any amount past due up to the total amount of TANF paid to the family. For example, if the public assistance applicant is owed $500 in past due support at the time the application for public assistance is made, that $500 is "temporarily assigned" to the County of Sonoma while the family is on TANF. When the family discontinues public assistance, the assigned sum becomes "conditionally assigned" to the County. Any support that accrues and is unpaid while the family is on TANF becomes "permanently assigned" arrears.

The County is entitled to collect all "conditionally" and "permanently" assigned support up to the total amount of public assistance that has ever been paid to the family. The amount of total public assistance paid cannot be determined until the family no longer receives TANF benefits. Once the public assistance has been repaid, any remaining arrears become "unassigned" arrears and are owed to the family.

In an ongoing public assistance case, if child support payments are received that exceed the amount of public assistance paid up to that point, the excess is sent to the family and the remaining arrears continue to be permanently assigned until the family no longer receives TANF benefits.

If there is no support order at the time public assistance is granted, the DCSS seeks to establish an order for child support, paternity (if it is at issue) and medical support. The DCSS may also seek an order for child support arrears for periods Sonoma County provided public assistance prior to the entry of the support order.

Cooperation with the DCSS

In addition to assigning his/her support rights, the public assistance recipient must, as a continuing condition of eligibility, cooperate with the Human Services Department and the DCSS.

Cooperation includes, but is not limited to:

• Assisting in identifying and locating the NP;
• Assisting in establishing the paternity of the child or children;
• Turning over to the DCSS any support payments received from the NP.
• Notifying Human Services and the DCSS if an aided child leaves the recipient's home.

Failure to cooperate with the DCSS, including failure to provide information regarding the NP's whereabouts, employment, date of birth, etc., if known, may affect eligibility for TANF benefits. The recipient must also inform the DCSS of prior public assistance received in other counties or states.

DCSS Services When TANF Discontinues

A former public assistance recipient receives nonwelfare services from the DCSS automatically upon termination of the TANF grant. The DCSS will continue to establish or enforce support until notified in writing that the CP wishes to close the file. At that point, the DCSS will pursue only assigned arrears, and will notify the NP to pay the current support directly to the CP.

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