Okla. Admin. Code § 340:10-3-9

Current through Vol. 42, No. 7, December 16, 2024

Section 340:10-3-9 - Family relations as a resource

State law is specific on the mutual responsibility of spouses for each other and of a parent for his or her child(ren). When two persons are married and live together , income or resources available to one spouse is considered available to the other. When there is a break in the family relationship, and the spouses separate , but are not divorced or legally separated, they constitute a possible resource to each other and must be explored to determine what, if any, income or resources may be made available.

(1) It is the legal responsibility of the natural or adoptive parent(s) to support his or her minor child(ren) to the extent that he or she is able to do so. For Temporary Assistance for Needy Families (TANF), a minor is defined as a child younger than 18 years of age, regardless of his or her marital status. A minor may also be considered a person younger than 19 years of age when he or she attends high school and is scheduled to graduate before his or her 19th birthday.

(2) This responsibility is not affected by any action of either parent affecting the marriage relationship of the parents or by a change in legal custody of the child(ren). A natural or adoptive parent living in the home is responsible for the support of his or her minor child(ren) even though the parent has remarried and the stepparent is in the home.

(3) When a minor with a child(ren) applies for TANF and lives in the same home with the minor's natural or adoptive parent(s), the income of the minor's parent(s) is considered available and computed the same as stepparent liability, per Oklahoma Administrative Code 340:10-3-57(e). When the minor parent's stepparent lives in the home, the stepparent's income is not considered.

(4) When a minor child(ren) lives in a relative's home separated from his or her parent(s), the parent(s) continues to be responsible for the minor child's support. The worker only considers financial support as income when it becomes available to the child(ren). When the parent(s) offers support only when the child(ren) moves back to the parent(s)' home, it is considered available only when such a move is in the child(ren)'s best interest.

(5) An adult child(ren) has a moral, but not a legal, obligation to support his or her parent(s) to the extent of his or her ability. The person's statement that he or she does not receive contributions from an adult child(ren) or other relatives not living with him or her is sufficient when it is consistent with other known facts. When the person states that he or she receives contributions , verbal or written statements from the persons providing the contributions regarding the frequency and amount of such contributions are required.

Okla. Admin. Code § 340:10-3-9

Amended at 10 Ok Reg 527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended at 13 Ok Reg 281, eff 5-18-95 (emergency); Amended at 13 Ok Reg 2167, eff 6-14-96; Amended at 16 Ok Reg 3371, eff 7-1-99 (emergency); Amended at 17 Ok Reg 2271, eff 5-1-00 (preemptive)

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020