Policy 340:50-7-31

Child support is any money court-ordered and designated to be paid for the support of a child. This may include, but is not limited to, child support, child support arrearages, medical insurance or other health care premiums, child care obligations, or other obligations specified in individual court or administrative orders. Child support also means money owed to a state for services provided for a child, including, but not limited to, Temporary Assistance for Needy Families, Medicaid services, and foster care.

A legal obligation to pay child support can be established by a court order (such as a divorce decree that established the child support obligation), an administrative order or a legally enforceable separation agreement that can be enforced through a court action.

Verification of the court-ordered amount is obtained along with verification of the actual support payments made each month. No deduction can be allowed if the payment is not legally obligated nor can a deduction be allowed for those who have a legal obligation to pay, but fail to pay regularly or altogether.
Some things to remember:

• The household member must be able to verify that they are paying child support and that the child support is legally binding.
• Child Support cases with OKDHS can be verified in IMS. The OBLI screen will verify the legally binding amount (deduction cannot exceed this amount), and the CFRRPA screen will verify the amount that the client is actually paying.
• For child support that is not handled by OKDHS, a court order can be provided to confirm that the child support is legally binding. They can provide receipts, notes from custodial parents, or proof of wage garnishments to confirm child support payment amounts.
• If child support payments are consistent (i.e. deducted from weekly wages) it is appropriate to MICAL the child support amount for up to the last 60 days. For inconsistent child support payments, averaging the last two months is appropriate to determine the allowable deduction. Remember to use the CFRRPA screen when calculating child support.
• Charges incurred for medical and/or daycare costs that are included in divorce/child support decrees are also considered as child support, and are allowable deductions for the non-custodial parent (previously called absent parent).
• The child support deduction is the average amount the client is paying, as long as it does not exceed the court-ordered amount. Voluntary child support payments are not counted as expenses.