ESD overpayment waiver form confusion - do I include boyfriend's income if we have a child together?
I'm filling out the ESD overpayment waiver application and stuck on the 'household income' section. They're asking for 'household income with spouse or domestic partner' but my situation is complicated. My boyfriend and I have a child together, but we're not married and not legally registered domestic partners. Do I need to include his income on the form, or just report my own? The overpayment is around $5,800 and I really need this waiver approved since I can't afford to pay it back. Has anyone dealt with this specific situation before? The instructions aren't clear about unmarried couples with children.
16 comments


Dmitry Popov
When I completed my waiver application in 2025, I was told by an ESD agent that 'household income with spouse or domestic partner' specifically means legally married spouses or registered domestic partners. Since you're neither, you should only include your income on the form. The presence of a child doesn't change your legal relationship status for these purposes.
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Sofia Ramirez
•Thank you so much for clarifying! Did your waiver end up getting approved? I'm really nervous about this whole process.
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Ava Rodriguez
NO NO NO dont listen to that person!!!! ESD counts EVERYONE in your household for these waivers!!! My sister tried to only list her income (not her boyfriend's) and they DENIED her waiver and said she committed FRAUD by not disclosing all household members!!! They care about who ACTUALLY lives with you not just legal papers!!!
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Miguel Ortiz
•Not true. my brother only reported his income (not his girlfriends) on the waiver last month & it got approved. they dont live together tho so maybe thats the difference?
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Zainab Khalil
The form is specifically asking for legally defined relationships - either spouse (marriage) or domestic partner (legally registered). Since you don't fall into either category, you should only report your income. However, if you receive any child support from your boyfriend, that would count as your income. I'd recommend calling ESD directly to confirm, but as we all know, getting through to them is nearly impossible. I used Claimyr (claimyr.com) last month when I had questions about my overpayment waiver. They got me connected to an ESD agent in about 15 minutes instead of spending days calling. There's a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 It was worth it to get a definitive answer straight from ESD.
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Sofia Ramirez
•I hadn't heard of that service before! Might be worth it just to get a clear answer. The last thing I want is to get denied because I filled out the form wrong.
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QuantumQuest
i think what matters is if you file taxes together or separate. do you guys file together? if separate then just put your income
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Sofia Ramirez
•We file separately. He claims our daughter as a dependent (we alternate years). That makes sense about the tax filing status being the determining factor.
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Connor Murphy
The overpayment waiver form is actually looking at your household's financial ability to repay. While the specific language mentions spouse/domestic partner, what they're really asking is: who contributes to your household finances? Since you have a child together and presumably share expenses, I think including his income would be more accurate. But that's just my two cents.
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Sofia Ramirez
•That's a good point about shared expenses. We do split rent and bills, and both contribute to our daughter's needs. I'm just worried about reporting too much income and getting denied because of it.
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Yara Haddad
I recently went through this exact situation with ESD! The official rule is that you only include legally recognized relationships (marriage or registered domestic partnerships) on the household income portion. I called and confirmed this with three different ESD representatives because I was confused too. They told me the form language is outdated and doesn't account for modern family structures very well. Just put your individual income, and if they need additional information, they'll request it during the review process. Make sure you're thorough with the financial hardship explanation section - that's what really matters for these waivers.
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Sofia Ramirez
•Thank you! This is really helpful. I'll focus on being detailed about my financial hardship in that section. The overpayment wasn't my fault - they miscalculated my benefit amount and now want me to pay back money I already used for rent and bills.
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Miguel Ortiz
just wondering how much is your overpayment? mine was $4200 and i got it reduced to $1500 with the waiver
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Sofia Ramirez
•It's about $5,800. A reduction like yours would be amazing! Can I ask what kind of documentation you provided with your waiver application?
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Dmitry Popov
After seeing all these responses, I want to clarify something important: there's a difference between the overpayment waiver form (which is what you're asking about) and other ESD programs like continued assistance that might look at total household size/income. For the waiver form specifically, you only include legally recognized relationships. If you're concerned about making a mistake, definitely try to speak with an ESD representative directly. The advice about using Claimyr is good - I've used it twice when I needed to get through quickly.
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Sofia Ramirez
•Thank you for the clarification! I'll definitely try to get confirmation directly from ESD before submitting the form.
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