A. Relationship Definitions for the Purposes of Child Support Responsibility

 

Table of Contents

The Application Process section includes the following information:

 

Topic

Regulation 43-100

Stepparent

Unmarried Parent

California Domestic Partner

Marriages

 

 

 

Regulation

43-100

 

The state regulations require that certain relatives, who under specific conditions are legally liable to provide financial support or to contribute to the support of an applicant or recipient.

 

Stepparent

 

 

An individual who is not the biological or adoptive parent, but is either married to, or the California domestic partner of, the parent of the child.

 

Unmarried Parent

 

A parent of a child included in the Family Budget Unit (FBU) who is not married to the child’s other legal parent.

 

California Domestic Partner
 

 

 

 

 

 

 

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An individual who:

 

·        has a Declaration of Domestic Partnership registered with the California Secretary of State, or

·        is a member of legal union, other than marriage, of two persons of the same sex validly formed in another jurisdiction, and substantially equivalent to a California registered domestic partnership.

 

For CalWORKs program purposes:

· Registered Domestic Partners have the same rights and responsibilities as stepparents of the children of their partners if they are not the natural or adoptive parents of the children of their partners, and shall be treated as such for the purposes of determining eligibility and grant amount.

 

 

Marriages

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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California law recognizes any out-of-state marriage as valid (including common-law marriage) as long as it is valid where contracted or performed. If the parents state they are married to each other, it is assumed that they are lawfully married unless other evidence refutes this.

 

Same-sex marriages:

All same-sex marriages that occurred in California between June 16, 2008 and November 4, 2008 are deemed to be valid on the basis of marriage for the purposes of CalWORKs eligibility.  Massachusetts and Connecticut also permit same-sex marriages.  Same-sex marriages that occurred in Massachusetts and Connecticut during that time period are also valid.

 

Same-sex marriages after November 4, 2008 are no longer allowed in California.  In addition, California no longer recognizes same-sex marriages that were entered into outside of California subsequent to that date.

 

Same-sex spouses shall be treated as stepparents, if they are not the natural or adoptive parents of the children of their partners, and if the marriage took place between June 16, 2008 and November 4, 2008.