Custody & Food Stamps | Custody & Medicaid (Welfare)
Welfare benefits like food stamps and Medicaid are essential to many families. Whether you're eligible for these benefits depends on your household's income — and sometimes, whether you have custody of your child.
You can apply for food stamps and Medicaid for yourself or your child (if they're part of your household) through your local Department of Social Services. Some requirements and practices vary by state.
Custody and food stamps
Food stamps are monthly benefits that help families buy groceries. The type of custody you have determines whether you can collect food stamps on your child's behalf.
Joint or 50/50 custody and food stamps
It's not possible for both parent to get food stamps for their child. In a situation involving 50/50 custody and food stamps, there may be some confusion over who gets to claim the child as part of their household.
Some states consider the child's household to be where they have the majority of their meals, possibly for a specific time period like one week, one month or six months.
Elsewhere, parents may choose which of them will apply for benefits. If they cannot agree, the first parent to apply gets to collect food stamps on the child's behalf.
Noncustodial parents and food stamps
The noncustodial parent getting food stamps for the child is generally not an option. They're still responsible for providing the child with food during visitation.
If you don't qualify for food stamps
Look to the following organizations for help:
- The Emergency Food Assistance Program (TEFAP)
- The Child and Adult Care Food Program (CACFP)
- Local food banks
- Churches, synagogues, mosques, etc.
Custody and Medicaid
Medicaid provides health insurance to kids and families who can't afford coverage on their own. When neither parent has health insurance through a job or private health insurance, the child may receive Medicaid.
Joint or 50/50 custody and Medicaid
In most 50/50 custody situations, either parent can apply for Medicaid. When you have joint custody but uneven parenting time, generally the parent with more parenting time is the one who can apply.
However, in some states, like Missouri, things are a bit trickier. The child is part of the household of the parent who claims the child as a dependent on taxes. Therefore, only that parent can apply for Medicaid for the child.
Noncustodial parents and Medicaid
New York is among the states that allow either the custodial or noncustodial parent to apply if they get written permission from the other parent. Other states only allow custodial parents to apply.
Even if the child receives Medicaid, a child support order could require the noncustodial parent to add the child to any health insurance coverage they have through their employer. The noncustodial parent's insurance provider would be the child's primary insurer and Medicaid would be the secondary insurer.
If you don't qualify for Medicaid
The parent who claims their child as a dependent on their federal income taxes can get coverage for the child through the Health Insurance Marketplace.
The Children's Health Insurance Program allows parents who do not qualify for Medicaid but cannot afford to pay for insurance to get coverage for their child.
Proving your child is part of your household
The Department of Social Services (DSS) may look at how many overnights a parent has with their child to determine whether the child is part of their household.
The Custody X Change online app calculates exactly how much time you and the other parent spend with your child.
You can even specify a time period for the calculation in line with what DSS requires.
Print your parenting time report to share with your case worker. If your actual parenting time differs from what was scheduled, you can print a report on the difference.
Use Custody X Change to help you secure the benefits your child needs.