- How is child support counted for the TANF program?
- All child support payments received by an applicant prior to the certification are considered as income. Child support received is coded on the child under child support income the first month of certification and removed effective the next month. All child support payments received after the first month of certification must be forwarded to the Oklahoma Centralized Support Registry (OCSR) per 340:10-10-7(b). The TANF benefit is closed next effective date when current child support and other income exceed cash assistance. 340:10-10-7(b)(4).
- What if child support is received sporadically or in differing amounts?
- Child support payments are considered as income only at time of certification. Child support payments are monitored by the Oklahoma Child Support Services (CSS). Child support payments shall be monitored by worker at review or when client reports new or additional income. When child support payment exceeds the TANF benefit, a G3 alert is received. Worker reviews for possible closure on anticipated income per 340:10-10-7(b)(4). Case is reopened when child support is not received the next month or is less than the TANF benefit.
- 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?
- Child support is only considered against the TANF cash assistance the first month of certification when it is given directly to the client per 340:10-10-7 and 340:10-3-26.
- 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 in the initial month.
- If a child only receives a portion of his child support because it is paid to a guardian rather than the parent with whom he is living, how much is considered as income? Example: Court ordered child support is $150 per month and is being paid to the guardian but only $100 per month is given to the child.
- Consider $150 for initial month of certification and CSS will re-direct all child support payments to DHS per 340:10-3-26. If child support and other income exceed TANF benefit case will be closed.
- If the client receives child support for her two children and she is not considered in the benefit, is the child support countable income?
- Yes. All child support payments received for TANF household members are counted.
- 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?
- No. Any past due child support owed to the TANF client for children not included in the TANF household.
- 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 - Actual payments received for the month of application would be used to add to any other income and considered against the TANF payment standard for certification month and removed the next effective month per 340:10-10-7(b)(1). After certification CSS will re-direct all income to DHS. If child support and other income exceed TANF benefit case will be closed by worker.
- 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 - Actual payments received in the month of application would be used to add to any other income and considered against the TANF payment standard for certification month and removed the next effective month per 340:10-10-7(b)(1). After certification CSS will re-direct all income to DHS. If child support and other income exceed TANF benefit case will be closed by worker.
- 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 10/25/06 $75 01/05/17 $100 05/04/17 $200 07/06/17 $100 08/03/17 $50 08/10/17 $35.50 08/17/17 $50 08/24/17 $35.50 08/31/17 $50 - Actual payments received for the month of application would be used to add to any other income and considered against the TANF payment standard for certification month and removed the next effective month per 340:10-10-7(b)(1). After certification CSS will re-direct all income to DHS. If child support and other income exceed TANF benefit case will be closed by worker.
- If an absent parent pays back child support in a lump sum, it is considered as income?
- CSS determines the amount of child support owed by the absent parent, which includes any arrearages. Any portion of the arrearages for the months during which the family was receiving TANF is considered as reimbursement to DHS. The only payment from such arrearages made to the family is that portion, if any, which exceeds the total TANF payments. This excess payment is considered as a non-recurring lump sum payment and is considered as income the month received per 340:10-10-7(b)(4) and 340:10-3-28. Tax intercept payments collected prior to the client’s current receipt of TANF and held for six months may be distributed to the client and are considered as a resource the month following the month of receipt per 340:10-10-7(b)(5).
- 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?
- No, this is not considered as countable income per 340:10-3-26(2). Money received and used for the care and maintenance of a third party who is not included in the assistance unit is not counted as income if it can be identified and verified as intended for third party use.
- 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?
- The disabled child and his or her income are not considered in any companion case for other family members. Money received and used for the care and maintenance of a third party who is not included in the assistance unit is not counted as income if it can be identified and verified as intended for third party use. 340:10-3-26(2).
- 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?
- N/A – child support should be going through CSS and retained by DHS.
- How are changes handled?
- The client must assign rights to child support to CSS. Any changes regarding child support and child support payments are handled by CSS as child support is retained by DHS per 340:10-10-5.
- What action should the worker take if receipt of child support makes the family over income for the benefit?
- The TANF cash assistance is terminated if the money paid is for current support on the next adverse action effective date per 340:10-10-7(b)(4).
- Is there a penalty if someone is not paying court ordered child support?
- No, there is no penalty.
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