< Back to California CalFresh

Luca Ferrari

Denied CalFresh because of fiancé's income even though we're not married - can I still get EBT as adoptive mom?

I'm at my wit's end trying to feed my family. I'm in the final stages of adopting my 2.5 year old son (just waiting on last paperwork), and I'm struggling financially. My fiancé and I aren't legally married yet - he's currently staying with his brother in another city for work and barely covering our mortgage payment. I'm working part-time (24 hours/week max) because childcare is so sporadic and expensive. I applied for CalFresh thinking I'd qualify based on MY income alone, but the caseworker said since my fiancé is "legally responsible" for our adoptive son, they had to count his income too - which put us over the limit! But his money is gone covering the mortgage and his own expenses while working out of town. I asked if I could just apply for myself (not including my son) and they STILL said no! The ridiculous part is I already qualify for Medi-Cal! I've paid taxes for years while watching others game the system... has anyone successfully navigated this situation? Can they really count a non-spouse's income when we maintain separate finances? Any advice appreciated.

This is definitely a complicated situation. CalFresh has specific rules about household composition that can be frustrating. Since you're in the adoption process together with your fiancé, the county is considering him part of your "CalFresh household" even though you're not married. The rule they're using is that anyone who purchases and prepares food together counts as one household, and they're assuming that's the case with your son being connected to both of you. That said, you might have options: 1. Request a detailed explanation of the denial in writing. Sometimes caseworkers misapply rules. 2. You could try applying as a separate economic unit if you truly purchase and prepare food separately from your fiancé (though this is harder to prove with a child involved). 3. If your childcare expenses are high enough, they might offset enough income to qualify. Did you make sure they counted all your childcare costs when determining eligibility?

0 coins

Thank you for explaining that. I'm not sure the caseworker counted ALL my childcare expenses - I'm paying nearly $950/month! And we genuinely DO maintain separate finances right now - my fiancé sends money just for the mortgage but I buy all the groceries and pay for everything for our son myself. Should I reapply with all these details clearly spelled out? I'm just so confused because Medi-Cal approved me without any issues...

0 coins

ime the county workers just deny ppl for whatever reason they can find. you should appeal the decision!! u have 90 days to file an appeal and they have to give u a fair hearing. i got denied 3 times before i finally got approved bc some workers dont know the actual rules.

0 coins

I second filing an appeal! The same thing happened to me with my boyfriend's income being counted even though we keep everything separate except rent. The appeal hearing officer actually overturned my denial because I brought bank statements showing separate accounts and explained our financial arrangement. Don't give up after one denial - the frontline workers often make mistakes or take the most restrictive interpretation possible.

0 coins

There's a critical distinction here that might help you. CalFresh and Medi-Cal use different household composition rules. Medi-Cal uses tax filing status to determine households, while CalFresh uses who purchases and prepares food together. Since your fiancé is out of town and you're maintaining separate finances, you have a strong case to be considered a separate household for CalFresh purposes. Request a formal hearing and bring: 1. Documentation showing your fiancé lives elsewhere temporarily 2. Bank statements showing separate finances 3. All childcare expenses (which are deductible from your income calculation) 4. Documentation of exactly how much your fiancé contributes to household expenses Also, your adoption status matters. If the adoption isn't finalized yet, the rules might be different than what the worker told you. Ask specifically how they're classifying your household under MPP Section 63-402 (the California regulation covering household composition).

0 coins

This is incredibly helpful information! I had no idea the programs used different household rules. The adoption is in final stages but not 100% complete yet - could that make a difference? I'm going to gather all those documents you suggested. I really appreciate the specific regulation to reference too.

0 coins

my sister went thru something similar and she just waited until after her divorce was finalized even tho they were separated for like 2 years before that. calfresh is super strict about the household stuff its annoying

0 coins

You might want to try using Claimyr to get through to an actual supervisor at CalFresh instead of just the frontline workers. I was getting the runaround for weeks with similar household composition issues until I used their service to get past the phone tree hell. You can see how it works at https://youtu.be/eZ19FHRETv8?si=_CXnXqNXbLl26WB8 - basically they wait on hold for you and call when a real person answers. I was able to speak with a supervisor who actually knew the regulations about separate economic units and households. The website is claimyr.com if you want to check it out. After I finally talked to a supervisor instead of regular staff, they correctly processed my application.

0 coins

I've never heard of this service but I'm definitely going to look into it. I've been on hold multiple times for over an hour only to get disconnected. Thanks for the suggestion!

0 coins

The CalFresh household rules are SO confusing. I got denied because my roommate and I sometimes share meals, and they decided we were one "household" even though we pay for everything separately! Eventually got approved after I explained we shop separately and only occasionally share a meal. Good luck!!!!

0 coins

I want to clarify something important - for CalFresh purposes in 2025, a child who is being adopted is not considered the legal responsibility of the adoptive parent's partner/fiancé UNTIL the adoption is finalized or you're married. The worker may have misapplied this rule. Also, with childcare costs of $950/month, that's a significant deduction from your countable income. The 2025 income limits for a household of 2 is around $3,050 gross monthly income, and your childcare costs would be deducted before comparing to the net income limit. Definitely request a hearing and specifically ask them to explain how they're applying the household composition rules in your specific adoption situation. Bring documentation of your separate financial arrangements and your fiancé's temporary living situation.

0 coins

This is such a relief to hear! So since our adoption isn't completely finalized and we're not married, they might have misapplied the rule? I'm definitely going to request that hearing. I make about $2,150/month before taxes working part-time, so with the childcare deduction, it sounds like I should qualify. Thank you so much for this information!

0 coins

why dont u just get married then youll have his income to help anyway lol

0 coins

We're planning to get married next year, but that doesn't solve my immediate food situation. And even when we're married, with his income primarily going to the mortgage and his own expenses while working out of town, I'll still be struggling with day-to-day costs. Thanks though.

0 coins

the system is totally broken!! i kno so many ppl who get approved even tho they shouldnt and then ppl like u who rly need it get denied. its all about which worker u get and if they feel like helping u that day!!

0 coins

I had a similar issue when I was fostering my nephew before his adoption was finalized. The CalFresh office initially denied me because they counted my husband's income, even though he wasn't part of the foster/adoption arrangement. I had to specifically reference the MPP section about child pending adoption not creating a legal responsibility for non-adopting household members. Be persistent and specifically ask to speak with a worker who specializes in special household situations. Regular eligibility workers often don't understand the nuances of adoption cases. Also, make sure to mention that you're paying for food separately - that's key for CalFresh household determination.

0 coins

Thank you for sharing your experience - it's so helpful to hear from someone who's been through something similar! I'll definitely ask for a specialist in adoption cases. Did you have to provide any specific documentation to prove you were paying for food separately?

0 coins

Based on everything you've shared, I believe you have strong grounds for appeal: 1. Your income alone ($2,150/month) with a $950 childcare deduction should put you well within the eligibility range for a household of 2 2. The adoption not being finalized is critical - your fiancé does not have legal responsibility for the child yet in CalFresh terms 3. Your fiancé living separately temporarily strengthens the separate household argument When you appeal, bring 3 months of bank statements showing separate finances, proof of your fiancé's temporary residence elsewhere, documentation of exactly how much he contributes to household expenses, and all childcare receipts. Be very specific that you purchase and prepare food separately from your fiancé. Also, remember that CalFresh eligibility is determined monthly, so if your hours or income fluctuate, you might qualify in lower-income months even if you don't in higher-income months.

0 coins

I'm so sorry you're dealing with this bureaucratic nightmare while trying to care for your son! As someone who's navigated similar CalFresh issues, I want to add a few practical tips for your appeal: 1. Document EVERYTHING - keep a log of every phone call, who you spoke with, and what they told you. CalFresh workers often give conflicting information. 2. When you file your appeal, also request an "expedited hearing" if you can show you have less than $150 in resources or your monthly income is less than your rent/mortgage. This can speed up the process. 3. Consider reaching out to a local legal aid organization - many have CalFresh specialists who can help with appeals at no cost. They know exactly which regulations to cite. 4. If possible, try to get your fiancé to write a statement confirming he lives elsewhere temporarily and that you maintain separate food purchases. Sometimes having it in writing from the other party helps. The fact that you qualified for Medi-Cal is actually a good sign - it shows the county recognizes your financial need. Don't let them discourage you from fighting this!

0 coins

This is such comprehensive advice, thank you! I hadn't thought about requesting an expedited hearing - I definitely qualify since I have very little in savings right now. I'm also going to look into legal aid organizations in my area. Having my fiancé write a statement is a great idea too. It's encouraging to know that qualifying for Medi-Cal is a positive sign. I was starting to feel like I was going crazy thinking I should qualify when the worker kept saying no. I really appreciate everyone's support and advice on this thread - it's giving me hope that I can successfully appeal this decision!

0 coins

I'm really sorry you're going through this - it sounds incredibly stressful trying to navigate these bureaucratic hurdles while caring for your son. From what you've described, it definitely sounds like the caseworker may have misapplied the rules, especially since your adoption isn't finalized yet and you're maintaining separate finances. One thing that might help is asking specifically about the "separate economic unit" designation. Since your fiancé is temporarily living elsewhere for work and you're purchasing/preparing food separately, you should be able to qualify as separate households for CalFresh purposes even if you're together as a family unit. Also, make sure they're properly calculating your net income after all deductions. With $950/month in childcare costs, that's a huge deduction that should significantly lower your countable income. Sometimes workers forget to apply all the deductions properly. Don't give up - you clearly need and deserve this assistance, and it sounds like you have a strong case for appeal. The system can be frustrating, but you've got this!

0 coins

California CalFresh AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today