Stepparents

A stepparent is a person who is married to the natural or adoptive parent of a child and who is not the other parent of that child. The term stepparent applies equally to either sex. A stepparent case is one in which:

MC is requested for only the separate chil(dren) of one parent, and
The child(ren)'s parent is an ineligible member of the MFBU.

If any member of the Stepparent Unit (stepparent, parent, mutual children and/or stepparent's separate children) wants MC, a stepparent case cannot be established. The entire family must apply for MC as a single MFBU. Sneede v. Kizer rules apply if there is excess property or a SOC.

If the stepparent refuses to cooperate or does not wish to be aided, his/her spouse would be an ineligible member of the MFBU with hi/her separate children. If the mutual children or the stepparent’s separate children want to be aided, the stepparent must be included, otherwise there is no eligibility for either the mutual or the stepparent’s separate children.

Establishing the Stepparent MFBU

When a Stepparent Case is established the MFBU consists of the separate child(ren) of either parent, and the parent as an Ineligible Member.

All other members of the family are considered excluded from the MFBU.

Stepparent Budget Computation

The budget is determined in CalSAWS, but during system outages, the MC 176 W.1 can be used to establish the budget. These regulations apply when only the separate child(ren) of one parent want MC.

Stepparent Case Property Determination

Property is determined as follows:

Include the separate child(ren)'s net nonexempt property.
Include only the parent's separate property and his/her share of community property, after allowing equal allocations to his/her spouse and to any of the parent's other children.
Presume equal ownership of property if property is jointly owned with other members of the MFBU unless the client indicates other owndership and provides verification.
- Note: Affidavits alone are NOT sufficient evidence. This rule also applies when property is owned jointly with individuals outside of the MFBU.

Stepparent Case Income Determination

Income is determined as follows:

Use only the separate child(ren)'s own net nonexempt income.
Use the balance of the ineligible natural or adoptive parent’s income which is available to the members of the MFBU.
The ineligible parent is allowed appropriate income exemptions and deductions including a parental needs deduction, and then net nonexempt income is equally allocated to:
- His/her excluded spouse, and
- All of his/her natural/adoptive children in the household who are both in and out of the MFBU.
The amount allocated to non-MFBU members is then deducted from the ineligible parent’s gross income (as are other appropriate deductions and exemptions) and the balance of the income is available to the MFBU.
Do not use income belonging to the stepparent or to other children in the family.

Unearned Income In-Kind for a Stepparent Case

When a stepparent is not in the MFBU, but is providing a full item of need, the EW must determine the value of income in kind based upon the number of stepchildren in the MFBU. The value of income in kind is equally allocated to only the stepchildren. This is considered to be the child’s own income. There is no in kind income to a spouse.

ExampleExampleSally and Sam are married; they have a mutual child and Sally has two separate children. They want MC for Sally’s two separate children only. Sam pays all of the bills for the entire household. The MFBU consists of Sally as an ineligible parent and her two separate children. The EW determines that the income in kind for two is $475 and will budget $237.50 as income in kind for each child ($475 divided by two). No income in kind is budgeted for Sam’s wife, Sally.

Stepparent Determination When Parent is on PA

If the separate child(ren)'s parent is on PA (e.g., AFDC, SSI):

The MFBU includes only the separate child(ren).
Use only the child(ren)'s separate property and income.