Child Support Paid 430-05-55-30

(Revised 01/01/04 ML2893)

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Legally obligated child support payments paid by a household member to or for a non-household member, including payments made to a third party on behalf of the non-household member (vendor payments), and arrearages are allowable deductions.  

 

Exception:

Legally obligated child support payments made to an individual outside of the household or an agency must be allowed if the child for whom the support was paid is a household member.  

 

Example:

Dad has a legal obligation to pay child support/arrearages, the children are now living with him, and he continues to pay the support to his ex-wife who is not a household member.  As dad continues to pay support, the deduction is allowed.

 

The worker must verify the following information:

1. The legal obligation.
2. The amount of the legal obligation.
3. The amount actually paid including arrearages.

Verification can be obtained from:

1. FACSES (can only be used to verify the legal obligation or legally obligated amount of child support)
2. Child support stubs
3. Documented collateral contacts
4. Wage stubs

The surcharge or processing fee that employers can charge and health insurance premiums are allowable deductions.  These expenses are entered on the NOMD screen in TECS.

 

Alimony or spousal support payments are not allowable deductions.

 

The deduction can exceed the legally obligated amount as a result of arrearages, interest or income withholding orders.

 

Initial Application

At initial application, the worker will allow the deduction based on an AVERAGE of what the household has paid if there is a payment history, (two prior consecutive months which could include the application month), taking into account any expected changes and the legally obligated amount.

 

The number of months used to arrive at the average is not limited, and is based on the prior payment history, the individual’s current circumstances and discussion with the household.  This must be documented.

 

Where child support is paid on a sporadic basis, a deduction cannot be allowed unless the worker can reasonably anticipate that a payment will be made.  This determination is based on the prior payment history (two prior consecutive months which could include the application month) for the household and documented discussion with the household.  

 

If there is no prior payment history (two prior consecutive months which could include the application month), a deduction is allowed based on what the household expects to pay, including arrearages.  The worker must look at the amount legally obligated, the individual’s current circumstances and discussion with the individual.  The amount allowed and the reason why must be documented in the casefile.

 

If there is an initial court order establishing child support, the amount allowed as a deduction is anticipated based on the court order, the individual’s current circumstances and discussion with the individual.  The amount allowed and the reason why must be documented in the casefile.

 

Where there is no payment history, the household must be certified for no more than 3 months.

 

Recertification

At recertification, the worker must verify the amount paid in the prior certification period including arrearages and any reported change in the legal obligation.  The worker must average (sporadic or regular payments) and use that amount for the next certification period.  

 

Any child support payments the household anticipates making in the month the recertification is due must be included in the average for the new certification period.

 

Example:

A household certified for January through March is recertified on March 5.  Any child support payments the household anticipates making in the month of March must be included in the average for the new certification period.  

 

If the household reports and verifies a change at recertification, the change must be acted on as part of the recertification process.

 

Examples:

1. At recertification on October 11, a household reports and verifies a change in their legal obligation to pay child support from $300 per month to $200 effective October 1.  The household states they have already paid the $200 for October and will continue to pay that amount each month.  When working this case for November benefits, based on discussion with the household and verification of the new amount of the obligation, $200 a month is allowed as a deduction.
2. At recertification in May, a household reports and verifies a change in the their legal obligation to pay child support.  The only child turned age 18 and is graduating from high school this month.  Effective June 1, the child support obligation stops.  When working this case for June benefits, no child support deduction is allowed.

If there is an initial court order establishing child support, the amount allowed as a deduction is anticipated based on the court order, the individual’s current circumstances and discussion with the individual.  The amount allowed and the reason why must be documented in the casefile.  The household must be certified for no more than 3 months, as there is no payment history in this case.

 

Ongoing Cases

For ongoing cases where the household is paying child support through income withholding each month and the household is providing pay stubs that reflect this, the child support deduction must be based on the average amount withheld in the prior certification period, including arrearages.

 

If the household reports an anticipated change in the amount they expect to pay, the worker must follow-up on this.  If the change will result in an increase in food stamp benefits, the household must provide verification of the anticipated change and the new verified amount is used for the remainder of the certification period.

 

Example:

 

A household reports and verifies an increase in the legal obligation to pay child support on October 17, from $200 to $300 per month effective November 1.  The household’s certification period is August through March.  When working this case for November  benefits, the new verified amount of $300 is allowed each month through March.

 

If the household reports an anticipated change in the amount they expect to pay and it will result in a decrease in benefits, the amount of the anticipated change must be used without verification of it.  Verification must be obtained at the next recertification.

 

Once certified, the household is not required to report how much of the legally obligated amount they actually paid.  That information must be reported and verified at the next recertification.

 

Example:

A household was initially certified allowing a verified legal child support obligation of $300 per month.  At the time of certification, the payment history showed the household had actually paid $300 a month.  The household was certified from May through October  with an averaged deduction of $300 per month.  In August and September, the household makes payments of $100.  There is no change in the legal obligation.  As the household is not required to report a change in the amount actually paid, the $300 per month deduction allowed through October is correct.

 

The household is required to report changes in the legal obligation including the amount that they are legally obligated to pay.

 

When there is an initial court order establishing child support, the amount allowed as a deduction is anticipated based on the court order, the individual’s current circumstances and discussion with the individual.  The worker must document the amount used and the reason why.  This amount is used for the remainder of the certification period.