State law is specific on the mutual responsibility of spouses for each other and of a parent for his or her child(ren). If the husband and wife are living together, a resource, whether income or capital, available to one spouse constitutes a resource available to the other. When there is a break in the family relationship, and the husband and wife are separated, but not divorced or legally separated, they constitute a possible resource to each other and this possible resource is explored to determine what, if any, resource can 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. 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 also in the home. • 1
- (2) When a minor with a child(ren) applies for Temporary Assistance for Needy Families (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 is computed the same as stepparent liability. [OAC 340:10-3-57(f)] Stepparent's income is not considered. In regard to this Chapter, a minor is defined as anyone under 18 years of age, regardless of marital status.
- (3) If a minor child(ren) is living in a relative's home, separated from his or her parent(s), the parent(s) continue to be responsible for his or her support, but only such support as actually becomes available to the child(ren) is considered. • 2
- Support offered by the parent(s) but conditioned on the child(ren)'s moving is considered available only when such a move is in the child(ren)'s best interest.
- (4) 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 individual's oral statements that contributions are not received from an adult child(ren) and other relatives not living with the individual constitute acceptable substantiation concerning contributions if the statements are pertinent and consistent with other known facts. If the individual states that such contributions are received, verification of frequency and amounts of such contributions is required.