A household is eligible for a child support deduction from net income before calculation of the shelter deduction if all of the following conditions are met:
A household member has a legal obligation to provide child support, such as a court order, an order issued through an administrative process, or a legally enforceable separation agreement,
A household member actually makes a support payment to a non-household member,
The legal obligation, the amount of the order, and the actual amount of the support paid each month is verified through the usual verification process, and
The support is for a child who is not a member of the household.
NOTE: The amount of the deduction is the amount paid using the 4.0 conversion, not to exceed the amount of the court-ordered support. However, if the payment includes a past-due amount, the deduction is the current month’s payment, not to exceed the monthly obligation, plus the amount paid toward the past-due amount.
Support is money paid for child support under a legal obligation, such as payment for rent to a landlord or the purchase of health insurance for the child.
NOTE: Alimony or spousal support cannot be deducted as child support.
Changes in child support payments must be reported on the SAR form with proper verification. Failure to report or verify changes does not result in an incomplete SAR form. However, SNAP benefits must be determined without a child support deduction.
The case narrative must discuss the basis for the monthly child support deduction allowed to the household.
Citations:
7 CFR § 273.9(f)(2)(i)
7 CFR § 273.9(f)(6)
7 CFR § 273.9(d)(5)
Reissued March 1, 2012, replacing April 21, 2009