For ABD-related benefits, child support is generally considered income for the child rather than the parent. If the child support payment is for more than one child, divide the amount received by the number of children for whom it is intended.
Example: Martha is applying for ABD benefits for herself and her son John. Her ex-husband Daniel is paying $600 a month in child support for their two children John and Patsy.
None of the child support is counted towards Martha’s eligibility.
The child support is for both children so it is divided between them: $600/2=$300. $300 of child support is considered towards John’s eligibility.
Refer to article ABD: How to Code Child Support 1/3 Deduction for Child with Disability.
Sometimes the children for whom the support is intended are not living in the home as the parent who receives the support payment. If the child support is sent to the child for whom it is intended, it is still income for that child. (A statement from the child’s guardian is needed for verification.) If the parent is keeping any part of the support payment, it is counted as a contribution for that parent.
When the child has a disability, child support can continue into adulthood.
There are times child support received when the child has become an adult is delinquent support. Delinquent child support is counted as described in the previous two paragraphs.
Example 1
William and Anna are divorced; William got custody of their five children: Lucy, William Henry, John, Benjamin, and Mary. Anna pays $1000 a month in child support. William had an accident at work and is now disabled. William had problems taking care of all five children so the three youngest went to live with William’s parents. William is keeping all the child support. William is now applying for ABD-related benefits.
The child support is divided among the five children: $1000/5=$200 for each child.
Since Lucy and William Henry still live with William, their share of the child support is considered income for them. That means their $400 is not counted towards William’s eligibility.
Since William is keeping the child support for the three youngest children, it is counted as a contribution towards his eligibility. It would be coded in FACS under “Other Income” as “Contribution from person not included in household”.
Example 2
Millard Sr. and Abigail have an adult child, Millard Jr, who is on SSI. They got divorced and Abigail pays $300 a month in child support for Millard Jr till he turns age 25. Millard Jr lives in a group home but the child support is still sent to Millard Sr. Millard Sr and Jr write statements that Millard Sr is sending the support money to Millard Jr.
The child support is counted towards Millard Jr’s eligibility. FACS won’t allow it to be coded as “child support” because he is an adult. It will have to be coded as a contribution.
Example 3
Andy Jackson is 25, living on his own and receiving $470 a month from SSI. His father Andrew has started paying delinquent child support to Andy’s mother Elizabeth. The payments are $300 twice a month. Elizabeth reports she keeps every other payment, sending the rest to Andy. Andy confirms he is getting $300 a month in delinquent child support.
The $300 a month Elizabeth is keeping is income for her.
The other $300 payment is income for Andy. Refer to article ABD: How to Code Child Support 1/3 Deduction for Child with Disability, which explains the 1/3 deduction from child support intended for a minor child who is considered disabled.
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