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WA state child custody and child support laws

Asked over 3 years ago - Seattle, WA

I have four children ages 3-12. I have full custody of 3 of them and the 4th (the 6 year old) is in 3rd party custody with his paternal grandparents. (it's a strange and sad case with a lot of injustices- not room here for all of it) They have an income of $9000 + a month and no other dependants, yet they are collecting welfare from the state of WA. Therefore the state of WA is coming after me for child support. There are issues I have with the order itself, but my initial question is: Are they allowed to continue collecting TANF even though they have legal custody of him? I know that while he is in dependency they are eligible, but does that eligibility continue indefinitely?

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Attorney answers (1)

Yale Lewis III

Reputation Level 13

Answered over 3 years ago. Family Law Attorney in Seattle, WA.

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I am not an expert on TANF, but, my initial thought is, if they don't qualify, then they should not be getting TANF. I don't know what the eligibility requirements are, but I am sure that $9,000 + per month exceeds them.

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Other answers (2)

louisame1

Answered by a user, over 3 years ago.

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In WA State, when there are children involved in dependency that have been placed by DSHS with a relative caregiver, the caregiver is eligible for what is called a "non-needy" TANF grant for the child regardless of their income. This money offests the costs of taking the child into their home, daycare, etc. They are only eligible if the State has placed the child in their care.

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chatrina

Answered by a user, about 2 years ago.

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As a recipient of (non-needy) TANF, due to my niece joining our family, I can tell you that in third-party custody the income level is based on the child. Regardless of the guardian's income. In most cases, the child's income is zero and therefore the TANF is based on that. As the parent, the state will seek child support from you. The guardians have to re-qualify every six months, but as long has his income level stays the same I would imagine that the assistance from the state would be the same.

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