W. v. Indiana

No. 03-cv-0919 RLY-WLT (S.D. Ind. July 8, 2004) ; Clearinghouse Number: 55845

Description

Consent Decree Enjoins Indiana from Taking Child Support Payments of TANF Recipients Who No Longer Receive Cash Benefits

Abstract

The parties agreed that the state would not take child support payments of class members—Indiana children who have had their child support payments taken by the state during months when their household did not receive a Temporary Assistance for Needy Families (TANF) grant. Plaintiffs sought injunctive and declaratory relief against defendant secretary of the Indiana Family and Social Services Administration, the state agency responsible for the administration of the Indiana TANF program. Plaintiffs alleged that defendant kept child support in months when the families had no TANF cash grants and that defendant did not give families on zero TANF written notice that their child support payments would be taken by the state, or that they might withdraw from the TANF program, and if they did so, they would be allowed to keep their child support payments. Plaintiffs alleged that defendant violated the taking clause of the U.S. Constitution and the state constitutional prohibition against government taking of property without just compensation. Under the consent decree, defendant is permanently enjoined from retaining the current child support payments of Indiana children from any months when their TANF grant is zero due to increases in income or sanction, and defendant is to give adequate notice of any agency action when TANF recipients’ cash benefits are reduced to zero.

Additional Information

Attorney Information
Plaintiffs represented by Jacquelyn Bowie Suess, Kenneth J. Falk, Indiana Civil Liberties Union, 1031 E. Washington St., Indianapolis, IN 46202 (telephone number: 317.232.0555).
Docket Date
2004-07-08 00:00:00+00:00