131.4 Assignment of Support Rights

Support may be court-ordered or voluntary.  It may be paid directly to the client or paid to DHS. Support paid by an LRR for a child or spouse or by a putative father for a child is included in the income calculations to determine eligibility. See Section 150.31, Support Payments.

If a recipient agrees to accept cash assistance, then DHS legally is required to collect support for the recipient and for any family member in the household also receiving cash assistance. The assignment is effective up to the amount of cash assistance received. The assignment does not include pre-assistance arrears owed to the family when they were not receiving cash assistance. Pre-assistance arrears are paid directly to the family by the Pennsylvania State Collection and Disbursement Unit (SCDU).   

NOTE:  It is the noncustodial parent’s responsibility to remit support payments to Pennsylvania SCDU as indicated on the court order for support and required by law to receive credit for the payment.

  55 Pa. Code §187.23(e)

     23 Pa. C.S. 4378

Treat these support arrears payments as lump sum unearned income for:

See:

 

The assignment:

 

Upon termination of cash assistance: 

42 USC Section 608 (a) (3)

 

When the individual directly receives support after assignment, the CAO must:

NOTE: It is possible to waive the collection of voluntary support paid directly to the recipient in some instances where domestic violence may exist. See Section 108.75, Verification of Eligibility Factors.

NOTE: Issue a Receipt of Payment, PA/CS 175-M if the CAO receives voluntary support in error and the individual is not presentSee Supplemental Handbook Chapter 915.7, Payment on a Reimbursement Claim. Send the household a PA 1967. Send the payment to:

Bureau of Child Support Enforcement

Division of Field Operations

P.O. Box 8018

Harrisburg, PA 17105
 

Updated May 3, 2024, replacing January 31, 2-012