Child Support Income

How is child support counted for the SNAP program?

Child Support received counts as as unearned income. 340:50-7-29(c)(4)

What if child support is received sporadically or in differing amounts?

When child support is received sporadically or in differing amounts, it is determined by averaging the most recent calendar months. The worker determines the time frame needed to best determine representative income per 340:50-7-46.

If a divorce decree indicates that the absent parent is court ordered to pay part of the cost of Child Care or some other bill, does the worker calculate this as income?

If the money is given to the client it is counted as unearned income. If it is paid directly to the childcare provider, it is not counted per policy 340:50-7-22 including Instructions to staff #1 (3) and 340:50-7-29 (C)(4) unless the court order directs the child care support be paid to the parent.

If the client does not receive the full amount of his/her child support because it is paid through a Court Clerk’s office who deducts a fee before routing it to the client, how much of the child support is considered countable income? Example: Non-Custodial parent pays $50 per week and $2.50 is deducted from each check.

The entire $50 per week is considered countable income for the client. The court clerk charge is considered as a collection processing fee and is not exempt.

If a client reports that the absent parent is paying $300 in child support to the client’s attorney and the attorney is deducting 10% of the current child support amount for attorney fees, should the entire $300 be counted as income for the family?

Count the entire $300 as income

If the client receives child support for her two children and she is not considered in the benefit, is the child support countable income?

In this instance the child support income is coded on the adult as a contribution and the computer handles it accordingly.

If the client has one child living with her who does not receive child support and receives back child support for a 19 year old child who does not live with her, is this child support considered countable income for her if she gives this money to the 19 year old?

The back child support is considered as the client’s money, not the child’s, and is considered as a contribution to the client.

Example 1: How should the following child support payments be considered:

DATE	AMOUNT
November 2	$150
November 16	$250
November 30	$180
December 14	$220

As child support is paid every two week, the correct procedure is to add the amounts together, divide by the number of checks, times 2.15. $150 + $250 + $180 + $220 = 800 divided by 4 = $200 x 2.15 = $430.

Example 2: How should the following child support payments be considered:

DATE	AMOUNT
November 2	$200
November 15	$200
November 28	$150
December 10	$250
December 26	$200

As these dates are not received every week or every two weeks, the correct procedure is to total the child support per month, add the amounts together and divide by the number of calendar months. $200 + $200 + $150 + $250 + $200 = $1000 divided by 2 = $500 per month.

Example 3: The client has been receiving irregular child support payments. The non-custodial parent now has a permanent job and is making weekly child support payments as court ordered. How should the income be considered?

DATE	AMOUNT
10/25	$75
01/05	$100
05/04	$200
07/06	$100
08/03	$50
08/10	$35.50
08/17	$50
08/24	$35.50
08/31	$50

It is best to use the most recent information when calculating monthly child support income. The child support payments are now paid weekly and the most recent 30 day information verifies this change as most representative. $50 + $35.50 + $50 + $35.50 + $50 = $221 divided by 5 = $44.20 x 4.3 = $190.06 or $190.

If an absent parent pays back child support in a lump sum, is it considered as income?

Arrearages received in lump sum amounts are considered as non-recurring lump sum payments. Non-recurring lump sum payments are considered as a resource in the month received per 340:50-7-22(10)(C). Arrearages received as ongoing payments are considered as unearned income.

A client is requesting benefits for her child. The client’s 16 year old minor sister also lives with her. The client receives child support for the sister. Is this countable income in determining the client’s eligibility for her own child?

It is counted as unearned income because the sister must be considered part of the SNAP household since she is a minor and the client is financially responsible for her.

Should the entire month of child support received for a child receiving SSI and a SSP check be counted as income since ABD policy states that only 2/3 of the child support is countable income?

If all members of the SNAP household are not receiving SSP or TANF, count the entire amount of child support. If the SNAP are Simplified Food Stamp Program (SFSP) then the child support is counted as per SSP policy as stated in 340:50-11-23. When the food benefit is certified in a companion case rather than the ABD case, the worker does not use companion coding. Instead, the child and all of his or her income must be coded directly on the case being certified for SNAP benefits.

What should the worker do when a client calls to report that he/she is no longer receiving child support income? Must the client provide proof that this income stopped or can the worker take the client’s word for this?

Verify the income is terminated through CSS or the source.

How are changes handled?

If the client is not a semi-annual benefit reporter, he or she is required to report changes within 10 days and the worker makes the necessary change. If the client is a semi-annual benefit reporter and reports the change, the worker makes the change. Benefit reporters are not required to report changes in income unless the household’s gross income exceeds the maximum gross income standards per 340:50-9-5.

What action should the worker take if receipt of child support makes the family over income for the benefit?

The food benefits are closed the next adverse action effective date per 340:50-9-5. This would include semi-annual benefit reporters who receive child support through CSS, as that income would be considered verified upon receipt.

Is there a penalty if someone is not paying court ordered child support?

No, there is no penalty.

A household consists of one adult and two children. The adult is an ineligible college student, and child support is received for the children. Is this child support counted?

No. Child Support is considered the adult’s income. You should code the income on the adult as unearned income and document in FACS case notes.

The AP is paying $98.94 weekly in child support. Of this, the client receives $80.94 because $18 is being retained by the state for cash medical. Do we count $98.94 or $80.94 as income?

If the child, who the support is for, is included in the medical benefits, then do not count the cash medical amount as income. If the child is not receiving medical benefits, then count that portion as income.

Grandparents have the child, but mother is receiving the child support paid from the father. Is this income counted?

No, per policy, when the child support is paid to a 3rd party, who is not in the home, the income is not counted toward the household.

Refer to article: Income Calculations: Child Support Income Calculation