Section 183.901. Putative father/voluntary child support—statement of policy

(a) A putative father does not have the legal status of being a father, and consequently is not under a legal obligation to support a minor dependent child until paternity is established. Similarly, for public assistance purposes, he is not considered a legally responsible relative, and therefore, his income is not subject to the deeming requirements of § 183.44(b)(2) (Reserved) or § 183.64(b)(3) (relating to income averaging). Following this legal principle, the Department developed its policy on the treatment of voluntary contributions from putative fathers as stated in Income Maintenance Bulletin 99-85-21 (relating to determining category of assistance involving putative fathers).

(b) Voluntary contributions from putative fathers will be considered child support and treated under § 143.23(g) (reserved), if either the mother or putative father state in writing that the money received is for the support of the child. This policy applies regardless of whether the putative father lives or does not live with the child. Treating voluntary contributions in this manner will enable recipients to receive support pass-through benefits of up to $50 per month.

(c) If neither the mother nor the putative father acknowledge in writing that a payment from the putative father is child support, it is considered a contribution and adjusted to the monthly assistance grant unless exempt under § 183.43 (reserved).

(d) The specified relative is still required to cooperate in efforts to establish paternity under § § 141.21(d)(2) and 187.23(a)(2) (relating to policy; and requirements). The fact that a putative father agrees in writing to support the child does not establish paternity nor does it negate the responsibility of the specified relative to pursue this action. If a putative father is willing to provide a written statement regarding child support, the income maintenance caseworker should explore the possibility of having the putative father sign the Acknowledgement of Paternity Form, H105.181, under § 153.44(e) (relating to procedures). When paternity is established, the putative father becomes a legally responsible relative and is subject to the mandatory filing unit requirements if living with the child and eligible for AFDC. If a GA eligible family, the income of the legally responsible relative is subject to the deeming requirements under § 183.64(b)(3). If the legally responsible relative is absent from the home, voluntary support payments continue to be collected until a court order is established and payments are sent directly to the Department.

The provisions of this § 183.901 adopted April 15, 1988, effective May 2, 1988, 18 Pa.B. 1829.