Is a client given a child support deduction if she/he pays child support to someone outside of the home?
Yes, the client is given a deduction if paying verified legally-binding child support to or for a non-household member. Policy is at 340:40-7-13(e).
If a client is court ordered to pay his/her children’s medical insurance premium in addition to child support, can the monthly insurance premium be considered a child support deduction?
Yes. You must consider the medical insurance premium as an allowable child support deduction since it is court ordered.
If a client reunites with a spouse and is still paying past due child support to the spouse through a CSS wage assignment, should the child support be considered as countable income and should a child support deduction be given?
It is not countable income since all of the spouse’s income is already being considered. The child support deduction is not given since the payment is being paid to a current household member.
When the client is court ordered to pay child support to CSS and does not pay every month, how should the worker calculate the child support deduction?
The worker analyzes the amount and how often child support is paid to determine whether the child support deduction can be allowed.
If a client has child support garnished from his/her wages, is this proof that the child support is court ordered and should be deducted from the client’s income?
Yes. Wage assignment is done as a result of a court order.
If a client is paying child support for three children and one of the children is included on his/her food benefits because the child lives with the client for part of the month, should the child support deduction be reduced?
No. The client pays full child support to someone outside the household so, the full child support deduction is allowed.
If a parent pays child support for children that are in his home for part of each month, can he received a child support deduction on his case?
Yes he can since he is paying the child support to the other parent, not the children, and the other parent is a non-household member.
If a client applies for benefits and her spouse or boyfriend is paying child support to an ex-spouse, can this be considered a deduction from household income?
If he is legally obligated to pay this money, the worker can give the family a deduction for this expense.
If a client is paying $500 per month in child support to someone outside of the home but only $300 is court ordered, how much of a deduction can be given for his/her own benefits?
$300 can be given as a deduction as policy at 340:40-7-13states to only allow verified legally-binding child support payments as deductions from income. If the client tells you the extra $200 is being paid to “catch up” on back child support payments, they should be able to present you with something it is legally owed. For instance, if they are paying it through CSS, you can see on the CSS screens that it is being paid on past due support. You must verify the amount being paid before giving the client this deduction.