§ 46-407 — Assignment of rights to support; definition

A. The right to support of a child and spouse who receive temporary assistance for needy families pursuant to Public Law 104-193 and chapter 2, article 5 of this title and the right to medical support of a child who receives medical assistance under title XIX of the social security act is assigned to this state by operation of law. The support rights are assigned to the state regardless of whether the applicant for assistance has any right to receive the support. The department shall take all steps necessary to enforce the assigned rights to support.

B. The support rights assigned to the state apply to all children of the household for whom temporary assistance for needy families is granted. If a child is denied temporary assistance for needy families due to the receipt of social security income for the child or the child is subject to section 46-292, subsection H, the department shall divide the court ordered child support amount by the number of children in the court order. The prorated amount is exempt from assignment for the child who is receiving social security income or subject to section 46-292, subsection H.

C. The right to support of a child on whose behalf foster care maintenance payments are made is assigned pursuant to section 8-243.02. If the child support order covers more than one child, the department shall determine the amount to be distributed to the state by dividing the court ordered support amount by the number of the children in the court order.

D. For the purposes of this section, "support" has the same meaning prescribed in section 25-500.