Change On Federal Benefits Payments Could Leave Child Support Debtors With No Income

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46. The $50 Minimum Payment relates to "Welfare Pass through"

Under Transitional Aid for Needy Families (TANF) which replaced Aid for Dependent Families (AFDC) in the mid 1990s, if a Child is on Welfare, that Child gets the first $50 paid by the non-custodian parent, the State Welfare Agency (and thus the Federal Government for TANF is 50-50 Federal State program) gets reimbursed till the Support Payment exceeds the AFDC level for the Child's Family (All moneys paid over $50, if less then the TANF grant for the Child's family, goes to the STATE WELFARE AGENCY NOT THE CHILD'S FAMILY).

Now, if the non-custodian parents pays more then the TANF welfare grant, TANF is NOT involved, i.e the whole Support payment goes to the Child's family (unless there are welfare arrears, i.e. the Support of the Child on TANF during some past time period, such arrears must also be paid if any Support is for past Arrears).

For this reason most Support orders of non-Custodian parents, whose income is lower the the Welfare Grant to the Child's Family, generally stops at $50 a month.

Please note if the Domestic Relations Judges finds that someone is CAPABLE of earning more money and is simply NOT earning that amount so that the custodian parent would get no child support, the Court will access that non-custodian parent as if he or she is earning what he or she COULD earn. This is NOT when someone can NOT find a job, it is someone who CAN find a job but refuses.

Just pointing out where the $50 support orders comes from and what law it is based on at the present time.