Kansas Department of Health & Environment

Kansas Family Medical Assistance

Manual (KFMAM)

Eligibility Policy - 6/29/2022

03000 >>> 03200

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03200 Additional IBU Provisions - The following additional principles are applicable to MAGI Individual Budgeting Units.

3200.01 - Individuals age 18 and younger who plan to file taxes, reside with their parents and their parents are not claiming them as a tax dependent are to be determined using the non-filer rules as outlined in 3120.

3200.02 - Marriage establishes legal responsibility between the couple. Any marriage (including same sex) validly established in Kansas or another jurisdiction either through a civil licensed contract or by common-law (see 3200.03) shall be recognized. Once established, the marriage (both civil and common-law) may only be dissolved through a formal divorce court proceeding.

3200.03 - A common-law marriage establishes legal responsibility between the couple. To be considered common-law married, the couple must meet all of the following conditions:
a. have the legal capacity to marry, meaning they are at least 18 years old, legally competent, and not already married to someone else
b. consider themselves to be presently married
c. hold themselves out to the public as married

3200.04 - When an unmarried couple indicates they will file jointly, staff must first make contact to clarify their tax filing intention. If after contact, the couple still attests that they are not married or common-law married and attest to filing jointly, the non-filer rules shall be used for all household members.

3200.05 - In situations where an individual is a member of the budgeting unit, but their income is not included in the determination, such as when the IBU member is an SSI recipient, the individual will be provided with a role in KEES called ‘Family Size Only’.

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