National Conference of State Legislatures - The Forum for America's Ideas
Issues & Research » Human Services » State Policies Regarding Pass-Through and Disregard of Child Support
Go 24356
Share Send a comment

State Policies Regarding Pass-Through and Disregard of Current Month’s Child Support Collected for Families Receiving TANF-Funded Cash Assistance

Updated February 2012

Family Drawing

States retain most of the child support paid on behalf of children in families receiving Temporary Assistance to Needy Families (TANF) benefits to offset welfare expenditures incurred by the state. These collections are shared between the state and federal governments according to the state’s Medicaid federal matching rate (FMAP). Prior to 1996, states were required to pass through $50 of the child support received to the custodial family. That requirement was eliminated in 1996. 

States have the option to pass through child support payments to the custodial parent and child and to disregard the child support payment when determining eligibility for TANF benefits.  State “pass-through” and “disregard” policies determine how much of the child support collected that families will receive. A pass-through is the amount of child support forwarded to families on whose behalf it was collected. A pass-through does not financially benefit a family, unless it is also disregarded. A disregard is the amount of child support that the family can keep without lowering their TANF benefits.

The chart below includes laws enacted by state legislatures through the 2010 legislative session to pass through collected child support to families receiving TANF assistance and to disregard the passed through support income in determining eligibility for and the amount of assistance.

 

 

 

State

Pass through and Disregard

Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases? Will your state participate in pass through in former assistance cases?

Alabama

No pass-through/disregard.

No No

Alaska

Up to $50 passed through/amount disregarded for purposes of eligibility and benefits.

No No

Arizona

No pass-through/disregard.

No No

Arkansas

No pass-through/disregard.

No No

California

Up to $50 passed through/amount disregarded for purposes of eligibility and benefits.

Yes, pursuant to Family Code section 17504, California will continue to only pass through and disregard $50 per month of current support collections. No

Colorado

No pass-through/disregard.

No No

Connecticut

CT passes through the entire child support amount and disregards up to $50. If the child support exceeds the grant amount by more than $50 then eligibility for TANF no longer exists.

Yes; currently, up to $50.00 per month. No

Delaware

Up to $50 passed through.

No No

District of Columbia

Up to $150 passed through/amount disregarded for purposes of eligibility and benefits.

Yes. Up to $150.00 per custodial parent headed household. No

Florida

No pass-through/disregard.

No No

Georgia

The state passes through and disregards some or all support for purposes of fill-the-gap budgeting.

The state will not participate in the pass-through provision for Current Assistance cases under section 457(a)(7)(B) of the ACT, as amended by DRA.) The State will not participate in the pass-through provisions for Former Assistance cases under section 457(a)(7)(A) of the Act, as amended by the DRA.

Guam

No pass-through/disregard.

No No

Hawaii

No pass-through/disregard.

No No

Idaho

No pass-through/disregard.

No No

Illinois

Up to $50 passed through/amount disregarded for purposes of eligibility and benefits.

No, $50.00 No

Indiana

No pass-through/disregard.

No No

Iowa

No pass-through/disregard.

No No

Kansas

No pass-through/disregard.

No No

Kentucky

No pass-through/disregard.

No No

Louisiana

No pass-through/disregard.

No No

Maine

Up to $50 passed through/amount disregarded for purposes of eligibility and benefits

Yes, currently Not at this time

Maryland

No pass-through/disregard.

No No

Massachusetts

Up to $50 passed through/amount disregarded for purposes pf eligibility and benefits [Exception: If a child is excluded from grant by family cap, then all child support collected is passed through, and $90 is disregarded-CLASP report/GAO].

Yes (up to $50 in all cases) No

Michigan

Up to $50 passed through/amount disregarded for purposes of eligibility and benefits.

Yes Not at this time

Minnesota

The state passes through all support up to court-ordered amount but does not disregard any for purposes of calculating benefits.

No No

Mississippi

No pass-through/disregard.

Undetermined at this time Undetermined at this time

Missouri

No pass-through/disregard.

No plans at this time No plans at this time

Montana

No pass through/disregard [has a supplemental TANF program based on child support receipt of up to $100-CLASP report/GAO].

No No

Nebraska

No pass-through/disregard.

No plans at this time No plans at this time

Nevada

No pass-through/disregard.

No No

New Hampshire

No pass-through/disregard.

No No

New Jersey

$100 is passed through/amount disregarded for purposes of eligibility and benefits.

Yes. Pass Through will increase from $50 to $100 for Current Assistance cases regardless of the number of eligible children. Legislation was signed by the Governor on November 17, 2008 that authorizes the increased Pass Through effective 10/1/2008 as required by DRA. However, Implementation is delayed because of required changes to child support and TANF automated systems until early 2009. No plans at this time. Current law only addresses Current Assistance cases.

New Mexico

Up to $100 for one child/$200 for two or more children passed through/amount disregarded for purposes of eligibility and benefits… based on the availability of state or federal funds.” (State budget cuts prevented NM from fully implementing the pass through. On 9/1/10 NM began passing through $100 to custodial parties regardless of how many children are in their household.)

Yes No

New York

Up to $100 for one child/$200 for two or more children passed through/amount disregarded for purposes of eligibility and benefits.

Yes, in two phases. Phase I provides for an increase in the pass-through and disregard amounts to up to the first $100 of current support collected for a TANF family. Phase II will continue the pass-through and disregard amounts to up to the first $100 of current support collected for a TANF family with one child, and will increase the pass-through and disregard amounts to up to the first $200 of current support collected for a TANF family with two or more children. Dates: October 1, 2008 (Phase I); January 1, 2010 (Phase II). No

North Carolina

No pass-through/disregard.

No No

North Dakota

No pass-through/disregard.

No No

Ohio

No pass-through/disregard.

No No

Oklahoma

No pass-through/disregard.

No No

Oregon

$50 is passed through and disregarded per month, per child, up to $200 per family.

Yes No

Pennsylvania

Up to $100 for one child/$200 for two or more children passed through/amount disregarded for purposes of eligibility and benefits.

Yes- $100 - one child, $200 - more than one child. No

Puerto Rico

No pass-through/disregard.

Yes No

Rhode Island

Up to $50 passed through/amount disregarded for purposes of eligibility and benefits.

Yes Yes

South Carolina

The state passes through and disregards some or all support for purposes of fill-the-gap budgeting

No No

South Dakota

No pass-through/disregard.

No No

Tennessee

The state passes through and disregards some or all support for purposes of fill-the-gap budgeting.

Tennessee already passes through up to the Unmet Need amount on all current assistance cases. This will not change. No

Texas

$75 is passed through/amount disregarded for purposes of eligibility and benefits

Effective October 2008, Texas is passing through $75 to current TANF families. No

Utah

No pass-through/disregard.

No No

Vermont

$50 is passed through/amount disregarded for purposes of eligibility and benefits.

Yes, $50 per month No

Virginia

Up to $100 for one child/$200 for two or more children passed through/amount disregarded for purposes of eligibility and benefits.

Yes No

Virgin Islands

No pass-through/disregard.

No No

Washington

In December 2010, the state had a special session of their legislature to suspend the $100/$200 pass through provision. The new law will become effective in May 1, 2011. To date, the RO has not receive their state plan amendment.

Yes No

West Virginia

Up to $100 for one child/$200 for two or more children passed through/amount disregarded for purposes of eligibility and benefits.

Yes No

Wisconsin

75% of child support is passed through/amount disregarded for purposes of eligibility and benefits.

Pending legislative approval Pending legislative approval

Wyoming

No pass-through/disregard.

No No

Source: Federal Office of Child Support Enforcement.

*PLEASE NOTE: The National Conference of State Legislatures is an organization serving state legislators and their staff. We cannot offer legal advice or assistance with individual cases, but we do try to answer questions on general topics.

For more information regarding NCSL's child support work, please visit our Child Support Homepage.

About This NCSL Project

NCSL staff in D.C. and Denver can provide comprehensive, thorough, and timely information on critical child support policy issues. We provide services to legislators and staff working to improve state policies affecting children and their families. The Denver-based child support project staff focuses on state policy, tracking legislation and providing research and policy analysis, consultation, and technical assistance specifically geared to the legislative audience. Denver staff can be reached at (303) 364-7700 or cyf-info@ncsl.org.

NCSL staff in Washington, D.C. track and analyze federal legislation and policy and represent state legislatures on child support issues before Congress and the Administration. In D.C., Sheri Steisel and Emily Wengrovius can be reached at (202) 624-5400 or fedhumserv-info@ncsl.org.

The child support project and D.C. human services staff receive guidance and support from NCSL's Human Services and Welfare Standing Committee.

 

Issues & Resources

Find the NCSLstaff member who handles the issue in which you are interested.

NCSLprovides access to current state and federal legislation and a comprehensive list of state documents, including state statutes, constitutions, legislative audits and research reports.

Members

As legislators and legislative staff, you are part of the nation's largest, most influential and only bipartisan organization of state legislators and staff.Learn about the resources NCSL has for you.

NCSL offers an array of services for legislative staff. Find out what's available.

Denver Office
Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230

 

Washington Office
Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001

©2013 National Conference of State Legislatures.  All Rights Reserved.