CW Update 24-08: Treatment of Support for Former CalWORKs Recipients & Families Currently Receiving Aid Under the K1 & 3F Aid Codes
CalWORKs Handbook
| Date | References | Clerical | Implementation |
| 07/02/24 | ACL 23-93 | N/A | July 1, 2024 |
Background
Existing state and federal law require the assignment of support rights to the State as a condition of receiving CalWORKs benefits. Formerly assisted CalWORKs families and current K1/3F families are not required to assign support rights to the State and therefore receive 100% of current child support paid; however, if arrearages that accrued while the family was aided under CalWORKs are collected, they are retained by the State to reimburse the corresponding months of aid paid to the assistance unit (AU), as these support obligations were assigned to the State prior to the family's transition to the K1 or 3F aid code or leaving aid.
For K1/3F families, up to $100 for an AU with one eligible child or up to $200 for an AU with two or more eligible children is disregarded from consideration as income but any remaining child support is counted dollar for dollar against the AU's grant.
Changes
Assembly Bill (AB) 207 makes the following changes to the CalWORKs child support policy:
- Exemption of all support income for K1/3F families and
- Support passthrough for former recipients and K1/3F families.
The Exempt/Excluded Income-Child Support-Safety Net Child Only Cases section of the CalWORKs Handbook has been added.
Data Systems
CalSAWS has been programmed to exempt this income effective July 1, 2024.
Other Programs
RCA/ECA/TCVAP
The changes in this Update also apply to RCA/ECA/TCVAP applicants and recipients.
CalFresh
Child support payments received by a CalFresh household, including any CalWORKs disregards, are counted as unearned income when determining CalFresh eligibility and benefit levels. Therefore, any child support income, including arrears, that is passed through to a formerly or currently assisted CalWORKs family that is still receiving CalFresh, must be considered when determining initial and ongoing CalFresh eligibility and in calculating the food benefit amount, if it can be reasonably anticipated. CalFresh rules apply to CFAP, unless otherwise stated.
SSI/SSP & CAPI
Child support arrearage payments are considered unearned income of the child in the month received for SSI/SSP and CAPI applicants and recipients. For SSI/SSP and CAPI purposes, support and alimony payments are considered income of the child, whether voluntary or court-ordered.
Department of Employment & Benefits Services
Contact Person(s): Romie Cuellar, SSA BPIS, 408-755-7540