Domestic Violence & Temporary Family Assistance

This article was produced by LARCC in cooperation with CLS, GHLA, NHLAA, and SLS.

Domestic Violence & Temporary Family Assistance

Read this  if you get or would like to get welfare from the Department of Social Services (DSS) AND 

  • the father of your child might be a danger to you or your child if DSS tries to contact him, or 
  • you are experiencing abuse that keeps you from working, or 
  • you are living in a domestic violence shelter, or 
  • you have a restraining order or protective order against the father of your child.

There are some things DSS will make you do if you are getting or applying for welfare. You must:

illustration

  1. help prove who the father of your child is (this is called "establish paternity"); and
  2. help the state collect child support; and
  3. work or look for work.

What if the father of my child is dangerous?

Everyone who needs welfare must help the state establish paternity and collect child support unless there is a good reason not to help. Without a good reason, you will not get welfare money. If your partner hits you or you are afraid of him or her, DSS may consider you a "victim of domestic violence."

If you are a victim of domestic violence, you may not have to:

  • help the state collect child support from your child’s father; or
  • help the state establish paternity, or
  • work or look for work.

Your worker might not make you help establish paternity or collect child support if:

  • helping will put you or your child in danger; or
  • you cannot get the information because the father of your children lied about who he is; or
  • something beyond your control keeps you from helping or having information about the father.

If your worker decides you have a good reason, you can receive welfare without cooperating with child support enforcement. If you decide to tell your DSS worker about the abuse, your worker may take your word for it or may ask you for proof. It’s up to you to decide if you want DSS to know about the abuse.

Other things to keep in mind:

If the things DSS is asking you to do are dangerous for you or your child, you can ask your DSS worker to stop trying to collect child support.

Once there is legal proof of who the father is, the father can ask for visitation or custody of the child (even if he is not paying child support).

What if I cannot work or look for work?

 DSS can take away your welfare money unless you have a good reason for not working or looking for work. (“Sanction” is the word DSS uses when they take away your welfare because they say you did something wrong.)

  • You will need to tell your DSS worker the reason you cannot work or look for a job.
  • Some reasons your worker might allow are:
    • Violence by your partner makes it impossible for you to get or keep a job; or
    • Your abusive partner makes you lose the child care you need to work.

You may have to give your DSS worker proof of the reason you can’t work or look for work.

If you are not working, your DSS worker might send you to Employment Services Program, or ESP. You MUST go to your ESP appointment to get your cash. If you can’t go to ESP because your boyfriend or husband is abusive, tell your ESP and DSS workers. Your worker might make you go for domestic violence services instead. Domestic violence services can count as your employment program. Ask your worker about this.

NOTE: There are many other good reasons for not working or looking for work such as:

  • caring for a child under one,
  • having a serious illness that keeps you from working, or
  • being over 60 years old

For more information about these rules, read our article, Temporary Family Assistance Program (TFA)

What if my 21 months is running out or has already run out and I need help?

If violence keeps you from working or limits your hours of work you may be able to keep getting welfare for longer. Tell your worker about the violence and ask for an extension. If you have a restraining order or protective order or you are living in a domestic violence shelter, you should be able to keep getting welfare. Call legal services if your worker won’t accept these reasons.

What if I told my worker about the violence and my welfare was cut off anyway?

You can ask for a “fair hearing.” At a fair hearing, a hearing officer listens to both sides and decides whether to continue your benefits. You must ask for a hearing within 60 days of when DSS sent you the notice about your welfare. To protect your rights and benefits, ask for a hearing right away. 

How do I ask for a fair hearing?

You can use the form attached to your DSS notices or write a letter. If you write a letter, explain why you want a hearing:

Dear Sir or Madam:

I am writing to ask for a fair hearing. The reason I want a fair hearing is __________________________ (write your reason, for example, “My worker thinks I did not have a good reason to leave my job, but I did.”)

The letter should include:

  •  the date
  • your DSS client number
  • your address
  • your signature

Keep a copy for yourself.

Mail or fax your letter or form to:

DSS, Office of Administrative Hearings
25 Sigourney St., 12th Floor
Hartford, CT 06106

Tel: 1-800-462-0134 or 860-424-5760
Fax: 860-424-5729

Call Statewide Legal Services before your hearing (1-800-453-3320). They can give you helpful information and may be able to arrange for a legal aid lawyer to go with you to the hearing. 

I am an immigrant and my sponsor is abusing me. What can I do?

The government may allow you and your children to remain in the United States if your sponsor is violent.

The International Institute provides services to immigrants, refugees and their families. They have four offices:

670 Clinton Avenue, Bridgeport, 203-336-0141
330 Main St., 3rd Floor, Hartford, 860-692-3085
20 Forest St., Stamford, 203-965-7190
30 Elizabeth St., Derby, 203-751-8696

Experiencing domestic violence?

Call the domestic violence hotline or see the a list below of domestic violence shelter programs in CT.

1-888-774-2900 (toll free)

Advocates at legal services and at domestic violence programs can help you stay safe and get the benefits you are eligible for.

Click here to find a domestic violence agency in Connecticut.

This pamphlet was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this pamphlet is based on the laws in CT as of April 2009. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.

For more information, contact:

Statewide Legal Services: 860-344-0380 (Central CT & Middletown) or 1-800-453-3320 (all other regions).

Not from Connecticut?

Most of the information on this web site is for Connecticut residents only. Visit LawHelp.org to find a legal services program and/or a legal information web site in your area.