717-2 ASSIGNMENT OF RIGHTS TO CHILD SUPPORT
An ATAP applicant or recipient signs over to the State of Alaska their rights to receive and keep child support payments for months family receives TA as a condition of eligibility. This includes any payments made by, or on behalf of, a noncustodial parent for a child for whom the caretaker relative is receiving ATAP benefits.
Assignment of Rights is automatic upon application. When assistance ends, so does the assignment. If a former recipient reapplies, assignment is automatic upon re-opening of the TA case.
Note:
Families are entitled to keep child support arrearages collected by CSSD for months they did not receive ATAP benefits.
717-2 A. EFFECTIVE DATE OF ASSIGNMENT
Assignment takes effect the date the caseworker opens the TA case and authorizes the initial benefit. After that date, the recipient is responsible for signing over to CSSD any child support payments paid by, or on behalf of, the noncustodial parent for months the family receives ATAP benefits.
717-2 B. WHAT CHILD SUPPORT ASSIGNMENT COVERS
The assignment covers more than child support payments coming due or received during the period of ATAP eligibility. It also gives CSSD the right to pursue and collect past due payments owed to the family at the time of assignment.
Note:
CSSD makes payment to the family of any child support arrearages for months when ATAP benefit payment was not received.
Alimony is also covered by assignment. Alimony, sometimes called spousal support, is treated exactly like child support and must also be signed over to CSSD .
717-2 C. WHAT CHILD SUPPORT ASSIGNMENT DOES NOT COVER
Assignment does not cover child support payments for children who are not receiving ATAP benefit payments.
Assignment does not cover child support arrearages collected for months when ATAP benefit payment was not received. The family is entitled to keep these child support arrearages. However, this may be countable unearned income and must be reported to the Division. See ATAP MS 717-7 for policy on how CSSD collections affect the TA case.
Occasionally an applicant or recipient may be benefiting from "in-kind" support from a noncustodial parent. Neither ATAP nor the Child Support Services Division recognizes in-kind payments as satisfying the support obligation. In this situation, refer the individual immediately to CSSD and inform CSSD of the in-kind arrangement. This may be done by telephone or through electronic mail to the CSSD worker.
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MC #27 (04/10) |