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Child Support Payments
[63-502(p)]
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. 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. In addition, 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.
Note: If the obligator has zero income but the child support is paid by another household member or by the CalWORKs/Tribal TANF grant, the child support payment is excluded from the household’s income.
Child support payments made to a third party (i.e. a landlord or utility company) on behalf of a the non-household member in accordance with the support order are to be included in the child support exclusion. Payments made by a household with a legal obligation to obtain health care insurance for a child are also to be included as part of the child support exclusion.
Important: If the child support payment 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 Paid for budgeting information.
Note: Spousal support payments are not excluded from the CalFresh income, regardless if they are a legal obligation for the CalFresh household.
Child Support Arrearages
Child support arrearages being paid by a household member for children who are now in the home with the household member are excluded as income if the following conditions are met:
- The responsible parent whose child is back in the home is making the payments OUTSIDE the home (e.g., local child support agency),
AND - The outstanding amount remains a legal obligation.
If the arrearages are forwarded (e.g, by local child support agency) to someone living in the home, the funds received are COUNTED as child support income in the month of receipt.
Child support arrearages paid by a household member (e.g., father) to another member who is in the home (e.g., mother) CANNOT be allowed as a child support deduction. However, child support payment paid by one household member to another is NOT counted as income.
Verification
Payments of child support must be verified. If the household fails or refuses to cooperate by supplying the necessary verifications, their eligibility and benefit level will be determined without a child support exclusion. Refer to Verification Chart.
Refer to Child Support Paid for budgeting information.
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