311.07 Assignment to DHHS of Rights to Support Income SR 94-04, 04/94 (FAM-A)

To receive TANF financial assistance, an individual must assign to DHHS the rights to any child or spousal support payments made by an individual outside the assistance group to benefit any family member inside the financial assistance group. Individuals who refuse to assign support are terminated or denied from assistance. Document the refusal in the record. No good cause exists.

By state law, the individual is considered to have automatically assigned to DHHS rights to support upon receipt of TANF financial assistance. New Hampshire thereby has the right to pursue, collect, and keep all unpaid support money and all future support money until eligibility for TANF financial assistance ends for the individual to whom the support payments are made. No forms are required to effect the assignment of support.

The support that must be assigned to DHHS includes payments which are owed, are pending, or are continuing as of the date the applicant assigns rights to support income to DHHS.

Example

A mother applied for financial assistance in July. In September, she received $1,800 from her ex-husband. The sum represents 6 months in back child support. The mother must give the entire accrued amount to DHHS. However, DHHS will only keep as much as is necessary to repay benefits it has already granted through financial assistance. DHHS returns the remainder to the mother and does not withhold an amount in anticipation of future financial assistance.