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4.6.5 Child Support Payment Deduction

4.6.5.1 Child Support Payment Introduction

4.6.5.2 Allowable Child Support Expenses

4.6.5.3 Child Support Expenses Not Allowed

4.6.5.4 Family Support

4.6.5.1 Child Support Payment Introduction

The current, court ordered child support obligation amounts are allowed as a FS FoodShare deduction. This information is obtainable through court records and/or the KIDS Kids Information Data System system. (Process Help Chapter 62.3 Child Support Court Ordered Amount) The amount an individual is obligated to pay is allowed as a deduction, without consideration for actual payments made. Update ongoing cases at review (recertification), SMRF or reported change.

A child support deduction can still be claimed by FS applicants and members who make regular child support payments but do not have a court order in place. In these cases, determine a deduction amount using verification such as:

• Cancelled checks,

• Written documentation between the two parties agreeing to the arrangement,

• Bank statements, or

• Check stubs

Average allowable deduction costs when they fluctuate on a monthly basis. If there is a regular interval between billing periods, average the expense over those periods.

Deduct the court-ordered and non-court ordered (if payments are made on a regular basis) child support obligation by FS FoodShare group members to or for a non-food unit member. In the situation where the custodial and non-custodial parents reunite in one food unit while one parent a person's biological, step, or adoptive mother or father regardless of age. Parenthood doesn't have to be verified continues to pay child support under court order to the county/state agency, that food unit can not deduct the child support paid. If it comes back into the food unit from the agency it is not counted as income.

The situation of a parent obligated for paying child support for a child living in his or her own food unit also occurs when the child moves between the parents' two residences and one or both parents are under a court order to pay child support. The child support cannot be passed directly from parent to parent, it must first be paid to an individual or agency outside the household.

If a child support obligation exists for a non-custodial parent (NCP Non-Custodial Parent) to an individual or agency outside the household for a child that currently resides with the NCP, allow the deduction for the NCP.

Determine the child support deduction amount by

1. Verifying the obligated amount listed on a court order in KIDS or

2. Using a record of payment for non-court ordered payments.

4.6.5.2 Allowable Child Support Expenses

Allowable child support obligations are:

1. Arrearages,

2. Legal obligation for a non-food unit member to pay for things  such as rent or mortgage payment,

3. Legal obligation for health insurance payments,

4. A prorated share of child support paid by ineligible members, or

5. Non-court ordered child support payments that are made on a regular basis

4.6.5.3 Child Support Expenses Not Allowed

CFR Code of Federal Regulations Code of Federal Regulations 273.9(d)(5)}

Do not allow:

1. Maintenance,

2. Payments made in accord with a property settlement.

3. Lying in costs for the birth of a child.

4. The annual child support R&D fee, or

5. An employer's check withholding fee.

4.6.5.4 Family Support

If the worker is unable to determine which part of a family support payment is child support, prorate the payment among the group members it is intended for and exclude the spouse’s share as a deduction.

This page last updated in Release Number: 08-03

Release Date: 07/24/08

Effective Date: 07/24/08