Circumstances Governed by Legal Support Obligations for EAEDC

(A) Spouses. Spouses have a legal obligation to support their spouses and at the same time have a right to receive support from them. If the applicant's or client's spouse is living in the same household, his or her income must be used to determine the applicant's or client's eligibility. The requirements for the treatment of the spouses’s income are provided in 106 CMR 704.335(B) and (C). (B) Income. Excluding the types of noncountable income as provided in 106 CMR 704.250, the income of the applicant's or client's spouse who lives in the same household but who is not an EAEDC or TAFDC applicant or client, shall be deemed to the applicant or client as follows: (a) If there is only earned income, the amount of income deemed to the assistance unit is: 1. the monthly gross earned income less the work-related-expense deduction as provided in 106 CMR 704.270; and 2. less an amount equal to the appropriate standard as provided in 106 CMR 704.440; (b) If there is only unearned income, the amount deemed to the assistance unit shall be the result of subtracting an amount equal to the appropriate standard as provided in 106 CMR 704.440 from monthly gross unearned income; or (c) If there is both earned and unearned income, the amount deemed to the assistance unit is: 1. the gross monthly earned income less the work-related-expense deduction; 2. plus the gross monthly unearned income; and 3. less the appropriate standard. The countable income of the spouse shall not be deemed as specified in 106 CMR 704.335(B)(1)(c)1. through 3. when the only income of the spouse is from a cash assistance program administered by the Department. (1) Natural or Adoptive Parents. (a) Natural or adoptive parents have a legal obligation to support their minor children. (b) A natural or adoptive parent living in the same household as the child, must have his or her income used to determine eligibility of the dependent child even if the parent is not eligible to be included in the assistance unit or required to be in the filing unit. (2) Spouses. Spouses have a legal obligation to support their spouses and, at the same time, have a right to receive support from them. (a) If the grantee's spouse is living in the same household, his or her income must be used to determine the grantee's eligibility; (b) If the grantee's spouse living in the same household is a stepparent, see 106 CMR 704.235 to determine the amount of the stepparent's income that is deemed to the assistance unit. (B) Income, excluding noncountable income as provided in 106 CMR 704.250, of those persons who have a legal obligation to support and who live in the same household as the dependent child shall be treated as follows: (1) Persons who are not required to be in the filing unit and are not applying for or receiving TAFDC for themselves shall have their income deemed to the filing unit in accordance with 106 CMR 704.235; and (2) Persons who must be in the filing unit but are excluded from the assistance unit because they failed to cooperate and/or have been sanctioned in accordance with 106 CMR 703.150: TAFDC Work Program, 703.181: TAFDC Teen Parent School Attendance, 703.500: TAFDC Cooperation with Child Support Requirements, 703.525: TAFDC Result of Sanction for Failure to Cooperate Without Good Cause, 703.160: TAFDC Immunizations, 706.305: Intentional Program Violations (IPV) Disqualification Penalties, 706.410: Direct Deposit or 707.200: Failure to Meet Employment Development Plan (EDP) Requirements or the Work Program Requirements, shall have their income made available to the filing unit in accordance with 106 CMR 704.3 10.