602-4 F.     CHILD SUPPORT DEDUCTION

Legally obligated child support payments incurred by a household member or an excluded household member can be allowed as a deduction.  Child support payments that are not legally obligated are not allowed as a deduction.  Allowable deductions include payments made or anticipated to be made to a person who is not a member of the SNAP household and payments made or anticipated to be made to any Child Support Enforcement Agency.  

1. Legally obligated child support payments include:

1. Child support payments to a person or agency outside the household.  Payments are not allowed if the child for whom the support is for is a SNAPSupplemental Nutrition Assistance Program household member.  Payments made less often than monthly may be allowed in the month it is billed or becomes due, or prorated over the months they are intended to cover.  See MS 602-4.

2. Past due child support.
3. Payments to a third party.  These payments may include rent, utility payments, and health insurance premiums.

2. Verification

The legal obligation to pay child support, the amount of the monthly obligation, and the amount of child support the household has been paying must be verified.

The household is responsible for providing this verification.  Without verification, the deduction is not allowed.

Acceptable verification of the legal obligation can include:  Child Support Services Division computer information or hard copy documentation; a court or administrative order; or a legally enforceable separation agreement.  This verification shall not be accepted as verification of the amount of the actual child support payment paid.

Acceptable verification of paid child support can include:  Child Support Services Division computer information or hard copy documentation; canceled checks; wage withholding statements; verification of withholding from unemployment compensation; or statements from the custodial parent regarding direct payments or third party payments.

Note: 

Income verification from a third party, such as pay stubs from the UIBUnemployment Insurance Benefit interface that list child support garnishment, is not sufficient on its own, to verify that child support is legally obligated. 

In order for a child support deduction to be allowed, verification is required that the child support is legally obligated. 

3. Budgeting the Child Support Deduction

Child support payments must be paid or reasonably anticipated to be paid in order to be allowed.  

1. For households with a record of paying child support in prior months:

• If paid once a month, the amounts do not vary, and the payment amount is expected to continue, use this monthly amount as the household anticipated monthly child support deduction.
• If paid once a month and the amounts vary, calculate an average payment amount by adding together recent monthly payments representing what is likely to be paid and dividing this amount by the number of monthly payments used in this calculation.  Use this monthly average as the household anticipated monthly child support deduction.
• If paid more than once a month, the amounts do not vary, and the payment amounts are expected to continue, multiply the payment by the number of payments expected in the month, and use this amount as the household’s anticipated monthly child support deduction.   When the payments are made weekly, multiply the payment by 4.3; when paid every two weeks, multiply the payment by 2.15.
• If paid more than once a month and the amounts vary, calculate an average payment by adding together recent payments representing what is likely to be paid and dividing this amount by the number of payments used in this calculation.  Multiply this average payment by the number of payments expected in the month, and use this amount as the household’s anticipated monthly child support deduction.  When the payments are made weekly, multiply the average payment by 4.3; when paid every two weeks, multiply the average payment by 2.15.

See MS 603-1A and MS 603-1B for policy on averaging payments and conversion factors.  See MS 603-1D for policy on irregular income.
 

2. For households with no child support payments made in prior months:

• Estimate the anticipated monthly payment.  Use this estimate as the household’s anticipated monthly child support deduction.  Verification of the anticipated payment must be obtained before allowing the deduction.