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Effective: March 1, 2009 |
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20.25.40ar2 - Child Support (Archive) |
Archived: November 1, 2009 |
Child support is a voluntary or court-ordered payment by non-custodial parents for support of their children.
For all programs, follow these rules to determine the gross child support income:
l Count the full amount of child support payments received as unearned income for a child who is a household member whether it is paid voluntarily or pursuant to a court order.
Note: If the household has just begun receiving child support, base the calculation on the amount of the court order or agreed upon voluntary amount.
l Base the calculation on average payments received over a representative period if the household reports varying or sporadic support payments.
Note: If the county child support unit collects support for the client, base information on those records, or obtain information from the client. Do not require the client to submit additional verification.
Example:
Angela submits a HCAPP dated June 25. She reports receiving voluntary child support payments of $50-$200 per month for her son since January. She received $50 in January, $200 in February, $150 in March, $75 in April, $100 in May and nothing for June. She reports that the child's father has promised to send $100 in July.
Action:
Project monthly child support income of $95 per month based on an average of the payments received in January-June.
$50 + $200 + $150 + $75 + $100 + 0 = $575 divided by 6 = $95.83 truncated to $95.
Advise Angela to report any child support income changes.
l Count child support payments received by the county child support enforcement agency and forwarded to the household.
Note: Do not count child support payments received and retained by the county child support enforcement agency on behalf of a child who receives MFIP.
l Count court-ordered payments for dependent care expenses as part of the gross child support.
Example:
Jan receives regular monthly child support payments of $500 for her son. The county agency collects the payments and forwards them to Jan each month. The court order specifies payment of $400 per month for child support and $100 as reimbursement for Jan's day care costs.
Action:
Count the entire $500 as unearned income to Jan’s son.
l Do not count payments to reimburse the custodial parent for health insurance premiums.
l Do not count court-ordered cash payments for medical support. The custodial parent assigns these payments to DHS by signing the application. Make a medical support referral to the county enforcement agency to initiate redirection of the medical support payment.
Example:
Maria receives court-ordered child support payments for her two children through the county agency. The court order specifies $200 per month per child as child support, $100 as reimbursement for Maria's day care costs, and $50 cash payment for medical costs.
Action:
Count $500 per month:
n $200 for each child.
n $100 for day care ($50 per child).
n Do not count the $50 medical support payment.
Advise Maria that the cash medical support payment will be sent to the DHS Benefit Recovery Section as reimbursement for MinnesotaCare or MA costs. Make a medical support referral.
l Count payments on arrearages if the payments are regular and can reasonably be expected to continue. Follow lump sum policy for irregular or infrequent arrearages.
Note: Do not count payments on arrearages that are collected and retained by the county child support enforcement agency as reimbursement for a period when the child received AFDC or MFIP.
Example:
Mary reports on her application that she has been receiving $350 per month in child support payments. $300 is for current support and $50 is for arrearages of $5,000 owed to her.
Action:
Count the entire $350 as unearned income.
Example:
The county child support enforcement agency receives $400 for Joe’s daughter. They forward $300 per month to Joe and keep $100 which is arrearages owed for a period when Joe and his daughter received MFIP.
Action:
Count the $300 as unearned income for Joe’s daughter. Exclude the arrearage payment.
Example:
Janet reports on her application that she has been receiving $600 per month in child support payments. $500 is for current support and $100 is payment on arrears. The arrearages are paid up and she expects the payment to drop to $500 next month.
Action:
Anticipate $500 as ongoing child support.
Follow the general provisions of this section and do not allow any deductions from gross child support income.
MA Method A, MA Method B, MA-EPD, Medicare Savings Programs, LTC, GAMC-Full Benefits, GAMC-Hospital Only and Transitional MinnesotaCare
Follow the general provisions of this section and the following:
l Count both current child support payments and payments on arrearages as income to the child for whom the payments are made if the child lives in the household.
Example:
Phyllis receives $300 per month in child support for her son Phil. $200 is current support and $100 is payment on arrearages.
Action:
Count the $300 as child support income to Phil.
l Count payments on arrearages made for a child who is no longer in the household as unearned income to the custodial parent or other caregiver to whom the payments are made.
Example:
Phil turns 18 and leaves the household. Current support payments stop for Phil, but his mother Phyllis continues to receive $100 as payment on arrears.
Action:
Count the $100 as unearned income to Phyllis.
l For Method B:
n Exclude child support payments received by or on behalf of children who:
m Receive services through the following waiver programs:
r Community Alternative Care (CAC).
r Developmental Disabilities (DD).
r Community Alternatives for Disabled Individuals (CADI).
r Traumatic Brain Injury (TBI).
m Are eligible for TEFRA.
n For all other children, deduct one third of a child support payment from an absent parent received in each month, and count the remaining amount toward the child's income.
Note: If the absent parent pays child support for more than one child in the household, first determine how the payment is apportioned between the children. Then, deduct one third from each child’s portion to determine the amount to count for each child.
Example:
Moira's two children are disabled and receive MA through the TEFRA option. She receives child support payments of $600 per month ($300 per child) from the non-custodial parent.
Action:
Exclude the child support payment for each child.
Moira’s children continue to be disabled but are no longer receiving MA through the TEFRA option.
Action:
Count $200 of the child support income for each child.
$300/3 = $100. $300 - $100 = $200.