Child Support and Spousal Support – Court–Ordered and Voluntary 430-05-50-20-10-05

(Revised 10/01/18 ML3532)

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Child support and spousal support received by the household is countable unearned income.

Child support is counted as the child’s income.

EXCEPTION:

When a household member keeps child support for a child that is not living in the home, the child support is counted as income to the household member that actually received it.

 

The annual fee or monthly service fee deducted from the custodial parent’s child support received by the Disbursement Unit is not countable child support income.

 

Spousal support is counted as income to the household member for which it is obligated.

Federal tax intercept payments are a non-recurring lump sum and are not counted as income. Federal tax intercept payments are not included in ND√erify.

State and interstate state tax intercept payments are counted as income as these payments are applied to current support. State tax intercept payments are included in ND√erify.

The date the payment is considered received is determined as follows:

• If disbursed via check, the date received is two working days after the date on the check.
  
  
• If direct deposited, the date received is the date the funds were deposited into the bank account as reflected on the bank statement.
  
  
• If deposited onto electronic payment card (EPC), the date received is two working days after the disbursed date in ND√erify.

When an individual is in receipt of TANF, support assigned to the state is not counted as income.

When the TANF case closes, support that was retained must be anticipated as income.

Initial Application

The amount of support income to the date of interview must be counted along with what the household anticipates to receive for the remainder of the application month. This may include using last month's income if that is what the household anticipates for the first month of the review period.

If a household comes in for the interview at the end of the initial month, all support received in the initial month must be counted.

When processing the second beginning month, the amount of support income used in the initial month must be counted unless the household anticipates a change. If the household reports a change, the change must be verified and used.

Reviews

At review a full month's support income from the base month or month of review, if available, must be verified and used. If the household reports a change, the change must be verified and used.

Examples:

1. A household is certified through January 31 and files an application for review on January 26. The household is interviewed on February 10 and receives one child support payment at the beginning of each month. The household received child support income on February 3. The February 3 child support income must be used for the first month of the review period (February).
   
   
2. A household is certified through June 30 and files an application for review on June 26 with no interview required. The household reports they receive two child support payments each month and received all of their June child support income. Since the full month's child support from the review month is available, June child support income must be used.

Ongoing Cases

For ongoing cases, if the household reports that child support was received in the base month, the most current month’s (base month) income as reflected in ND√erify must be used in the next month's budget. If a benefit decreases or case closure results, a 10-day advance notice is required. If the change was reported in writing and signed by the household, adequate notice is required.

If the household reports child support was not received in the base month, the worker must check ND√erify. If child support was not received (applying the two-working day policy for child support received in the month prior to the base month) in the base month, child support income is not used in the budget.

If a household reports they do not expect to continue to receive child support income, the worker must follow up on this reported change by sending the F419 requesting verification. If verification is provided, the change must be acted on to increase benefits. If verification is not provided, the case is closed. A 10-day advance notice must be sent to the household, unless the change was reported in writing and signed by the household, adequate notice is requried.

If a household reports a change in child support income and does not provide verification of the change, and the change is not reflected in ND√erify, the worker must send F419 and follow up on the reported change.

 

If verification is provided within the 10-day period and benefits increase, the worker must act on the change within 10 days and send the household the appropriate notice.

If the reported change would result in an increase in benefits and the household fails to respond or refuses to provide the requested verification within the 10-day period, the worker must send the F401 – Failure to Provide Information. A 10-day advance notice is required.

If verification is provided within the 10-day period and benefits decrease or case closure results, a 10-day advance notice is required. If the change was reported in writing and signed by the household, adequate notice is required.

If the reported change would result in a decrease in benefits and the household fails to respond or refuses to provide the requested verification within the 10-day period, the change must be acted on using what the household initially reported and a 10-day advance notice is required unless the change was reported in writing and signed by the household adequate notice is required.