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Child Support Disregards
Definition
Child/Spousal support disregard payments are those payments received from an absent parent and issued to CalWORKs recipients through DCSS. Starting January 1, 2022, the maximum amount that can be disregarded for one child is $100 per month. For families with two or more children, the child support pass-through and disregard is increased to $200 per month.
Note: Child support disregards are counted as unearned income for CalFresh.
Issuance
A separate check will be issued for each month's disregard.
Multiple Assistance Units may be included in the same CalFresh household. Each Assistance Unit will be allowed a maximum disregard mentioned above.
DCSS may issue payments for several month's disregards in a single month. The disregard for the “most recent month” is not exempt income in the month received. The other months' disregard payments are considered lump sum payments and treated as a resource.
SAR 7 Reporting
Semi-annual reporting households shall report the receipt of disregard payments on the SAR 7. However, since this information is in agency records, the SAR 7 shall still be considered complete without it.
Verification
Verification is required. Information provided by DCSS records shall be considered sufficient verification. “Direct Support and the State Disbursement Unit,” page 32-1 for complete information.]
NOAs
Timely notices of action are required when CalFresh benefits decrease due to budgeting disregard payments.
Child Support Paid
Legally obligated child support payments (including arrearages) that a household member pays to or for an individual living outside of the household are excluded as income by allowing them as a deduction. If all or part of the UIB/DIB payment is withheld to pay owed child support, the child support amount being withheld is allowed as a deduction in the budget.
The child support exclusion/deduction is first deducted from the unearned income and any remainder is deducted from the earned income, with the 20% earned income deduction taken prior to the child support exclusion.
A household has $1000 in total monthly gross income ($800 in earnings and $200 in unearned income), and makes a court-ordered child support payment of $400 per month.
The child support payment must be treated as follows:
$200 (unearned) - $400 (paid child support) = $0 unearned income, leaving $200 remaining of the paid child support.
$800 (earnings) - 20% earned income deduction = $640 in adjusted gross earnings.
$640 - $200 (remainder of child support payment) = $440 in gross earnings.
$440 (earnings) + $0 (unearned income) = $440 in total income.
Follow the steps below to enter child support payments in CalSAWS
- Enter the GROSS amount of the earned and/or unearned (e.g., UIB) income on the appropriate Data Collection window(s).
- On the Collect Child/Spousal Expense Detail window:
- Enter the Effective Begin Date,
- Select “Child Support” from the Type of Support drop down field,
- Select the appropriate person from the Name of the Person for whom Support is being Paid field,
- Complete the Court Order Information and Frequency fields.
- Click on the [Billing and Payment] button to advance to child window.
- Complete the Collect Billing and Payment Detail window with the child support amount paid or withheld.
- Click on the [Payment Details] button to advance to child window.
- Repeat the child support amount paid or withheld on the Collect Payment Details window.
- Complete all other relevant windows and run EDBC. Wrap up should show the child support is deducted from the CalFresh budget.
Important: If the child support obligation is deducted from wages on a bi-weekly or weekly basis, do not apply the multipliers to child support paid. The actual paid amount (not to exceed the court ordered amount) that is used to compute benefits. However, the multipliers can be used for child support payments received weekly or bi-weekly as it is treated as unearned income, not an income exclusion.
Refer to Child Support [63-502(p)] for more information.
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