If I am not legally responsible for my child does my income need to be included for child's mainecare
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Executive summary
If your child is applying for MaineCare, the program normally looks at the household that applies and counts the income of the “assistance unit” — which often includes the child plus the custodial parent/caretaker and their income under MAGI rules — not automatically the non‑custodial parent who is “not legally responsible” in the household [1] [2]. Maine DHHS rules and recent changes raise the child income threshold (children’s household standard up to 300% of FPL) and explicitly address when non‑custodial parents’ income is considered; the rules remove a prior blanket bar on referring uninsured non‑custodial parents to support enforcement [3] [4].
1. Who counts as the household for a child’s MaineCare application?
MaineCare uses an “assistance unit” approach: for MAGI‑based children’s coverage, eligibility is determined by identifying the assistance unit and then counting the income that belongs to that unit [1]. In practice that means the child’s household size and the incomes of household members who are part of the assistance unit determine whether the child meets the income limits described on CoverME and DHHS guidance [2] [1].
2. “Not legally responsible” non‑custodial parents: not automatically counted, but rules changed
Available guidance and rulemaking show Maine has moved to clarify household income standards for children and to align with federal rules; the adopted rule increased the household income threshold for children to 300% of the Federal Poverty Level and removed language that had said there was no requirement to refer a non‑custodial parent without insurance to support enforcement — in short, the state changed how it treats non‑custodial parents in rules, so being “not legally responsible” no longer guarantees their income is ignored under all circumstances [3] [4]. The MaineCare Eligibility Manual and MAGI procedures still require first identifying who is in the assistance unit, then counting that unit’s income [1].
3. Practical implication: custodial parent’s income usually matters; non‑custodial parent may matter depending on facts
For most child applications the custodial parent or caretaker relative’s income and household composition set the eligibility bar; non‑custodial parents who live outside the child’s household are typically not part of the assistance unit and so their wages are not counted in the child’s household income [1] [2]. But rule changes and administrative practices mean DHHS can consider issues like whether to pursue medical support or refer non‑custodial parents to the Division of Support Enforcement and Recovery in certain circumstances [3] [4] [5].
4. When the state may seek support or past reimbursement
If Maine pays MaineCare on behalf of a child, DHHS has mechanisms to pursue medical support or recover costs; legal or administrative proceedings can result in an order for the non‑custodial parent to reimburse DHHS for periods the child received MaineCare, and DHHS commonly calculates those amounts using actual income from the relevant period [6]. That suggests even if non‑custodial income is not counted for initial eligibility, it can become relevant later for cost recovery or support enforcement [6].
5. Recent policy context that matters for applicants
Maine has extended higher income thresholds for children and has realigned its rules to federal guidance: the household income standard for children rose to 300% of FPL effective retroactive to Oct. 1, 2023, expanding eligibility for children and changing some references to non‑custodial parents in rule text [3] [4]. CoverME and DHHS emphasize different income limits and program‑specific rules across coverage groups, so the outcome can vary by the child’s age and which MaineCare category they seek [2] [7].
6. What you should do next — practical steps
Apply for MaineCare even if you think income issues are unclear; state guidance and consumer helplines encourage applications because eligibility depends on the assistance unit and program [7] [8]. If you are a non‑custodial parent worried about being counted or pursued for reimbursement, legal help and resources such as Pine Tree Legal Assistance note DHHS can seek reimbursement for periods a child received MaineCare and will use actual income figures when calculating past support [6].
Limitations and disagreements in reporting: the public rule documents and MaineCare manuals explain assistance unit and MAGI procedures, but the sources here do not publish a single, plain‑language checklist that answers every custody or income fact pattern. Specific outcomes depend on household composition, tax filing status, and whether the child’s coverage is MAGI versus non‑MAGI — details not uniformly summarized in the materials provided [1] [2]. Available sources do not mention a single‑sentence rule like “if you are not legally responsible, your income is never counted” and instead show conditional treatments and administrative options [3] [4] [1].