OAR 461-145-0080
Child Support and Cash Medical Support

(1)

Child support and cash medical support paid by a non-custodial parent for a dependent child (see OAR 461-001-0000 (Definitions for Chapter 461)) or minor parent (see OAR 461-001-0000 (Definitions for Chapter 461)) in the financial group (see OAR 461-110-0530 (Financial Group)) are considered income of the dependent child or minor parent, whether the support is paid voluntarily or in accordance with an order to pay child support.

(2)

For the purposes of this rule:

(a)

“Absent parent” means a parent (see OAR 461-001-0000 (Definitions for Chapter 461)) whose parental rights have not been legally severed or a stepparent currently legally married (see OAR 461-001-0000 (Definitions for Chapter 461)) to a parent of a child (see OAR 461-001-0000 (Definitions for Chapter 461)) who does not live in the same household as the child.

(b)

“Disregard” means child support, up to $50 per dependent child or minor parent per financial group per month and not to exceed $200 per financial group per month, that is not counted as income of the client. “Disregard” includes current child support only.

(c)

“Pass-through” means child support, up to $50 per dependent child or minor parent per financial group per month and not to exceed $200 per financial group per month, that is sent to the client before any remaining amount of current child support is withheld by the State. “Pass-through” includes current child support only.

(3)

In the ERDC program, child support is considered countable (see OAR 461-001-0000 (Definitions for Chapter 461)) unearned income if it is received by the financial group or is countable under OAR 461-145-0280 (In-Kind Income). Otherwise it is excluded.

(4)

In the SNAP program, child support and cash medical support are treated as follows:

(a)

Child support payments the group receives that must be assigned to the Department to maintain TANF eligibility are excluded, even if the group fails to turn the payments over to the Department.

(b)

Child support payments received by a filing group (see OAR 461-110-0370 (Filing Group; SNAP)) with at least one member working under a TANF JOBS Plus agreement are excluded, except:

(A)

It is considered countable unearned income in the calculation of the wage supplement; and

(B)

Any pass-through pursuant to section (2) of this rule is considered countable unearned income.

(c)

All other child support, including any pass-through pursuant to section (2) of this rule, is considered countable unearned income.

(d)

Cash medical support is considered countable unearned income except to the extent it is used to reimburse (see OAR 461-145-0440 (Reimbursement)) an actual medical cost.

(e)

Payments made by a non-custodial parent to a third party for the benefit of the financial group are treated in accordance with OAR 461-145-0280 (In-Kind Income).

(5)

Except as provided otherwise in section (8) of this rule, in the TANF program:

(a)

In determining initial eligibility (see OAR 461-001-0000 (Definitions for Chapter 461)), except for disregard pursuant to section (2) of this rule, child support received by the Oregon Department of Justice, Division of Child Support (DCS) is considered countable unearned income, if continued receipt of the child support is reasonably anticipated. These payments are excluded when determining the benefit amount.

(b)

In determining on-going eligibility, except for clients working under a TANF JOBS Plus agreement and except for child support passed through to the client and disregarded pursuant to section (2) of this rule, child support received by the DCS is considered countable unearned income, if continued receipt of the child support is reasonably anticipated. These payments are excluded when determining the benefit amount.

(c)

For clients working under a TANF JOBS Plus agreement:

(A)

Child support is excluded in determining countable income.

(B)

Child support is excluded when calculating the TANF portion of the benefit equivalency standards.

(C)

All child support paid directly to the client is considered countable unearned income in the calculation of the wage supplement.

(d)

All other child support payments:

(A)

Paid directly to the financial group that are turned over to the DCS are considered countable unearned income except for any amount of pass-through and disregard pursuant to section (2) of this rule.

(B)

Paid directly to the financial group that are not turned over to the DCS are considered countable unearned income.

(C)

Paid to a third party for the benefit of the financial group are considered countable unearned income. This includes but is not limited to payments made by a non-custodial parent to a third party for rent, mortgage, utilities, or child care.

(e)

Cash medical support is excluded in determining countable income.

(6)

In the OSIP, OSIPM, and QMB programs:

(a)

Child support and cash medical support paid to the financial group are considered countable unearned income, except as follows:
(A) One-third of all cash child support (including cash medical support) paid to an individual is excluded.This exclusion does not apply to child support paid in arrears.

(B)

All in-kind child support paid to the financial group is excluded.
(C) Child support collected from an absent parent (see section (2) of this rule) by the State on behalf of a child in the custody of the State of Oregon (such as foster care) that is not given to the child or the custodial parent of the child is excluded.
(D) Child support payments collected by the State of Oregon that are given to the individual or to the custodial parent are counted in accordance with paragraph (A) or (E) of this subsection.

(E)

Child support paid in arrears is considered countable unearned income to the individual receiving the payments. If the individual gives the payments to the child, they are countable income to the child.

(b)

Child support and cash medical support paid by the financial group are not deductible from income except as provided in OAR 461-160-0550 (Income Deductions; Non-SSI OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) in the Community When There Are No Children in the Household Group), OAR 461-160-0551 (Income Deductions; Non-SSI OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) in the Community When There Are Children in the Household Group), and OAR 461-160-0552 (Income Deductions; Qualified Medicare Beneficiaries Programs).

(7)

In the SFPSS program, notwithstanding section (5) of this rule, for on-going eligibility and benefit determination:

(a)

Except for disregard pursuant to section (2) of this rule, child support is considered countable unearned income.

(b)

Cash medical support is excluded in determining countable income.

(c)

Payments made by a non-custodial parent to a third party for the benefit of the financial group are considered countable unearned income. This includes but is not limited to payments made by a non-custodial parent to a third-party for rent, mortgage, utilities, or child care.

(8)

For on-going eligibility and benefit determination for TANF clients in a two-parent household:

(a)

Except for disregard pursuant to section (2) of this rule, child support is considered countable unearned income.

(b)

Cash medical support is excluded in determining countable income.

(c)

Payments made by a non-custodial parent to a third party for the benefit of the financial group are considered countable unearned income. This includes but is not limited to payments made by a non-custodial parent to a third party for rent, mortgage, utilities, or child care.

(d)

For a filing group (see OAR 461-110-0330 (Filing Group; TANF)) with at least one member working under a TANF JOBS Plus agreement:

(A)

Child support is excluded in determining countable income.

(B)

Child support is excluded when calculating the TANF portion of the benefit equivalency standards.

(C)

All child support paid directly to the client is considered countable unearned income in the calculation of the wage supplement.

Source: Rule 461-145-0080 — Child Support and Cash Medical Support, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=461-145-0080.

461–145–0000
Achieving a Better Life Experience (ABLE) Act 461–145–0001
Adoption Assistance 461–145–0005
Agent Orange Disability Benefits 461–145–0008
Alaska Permanent Fund Dividend 461–145–0010
Animals 461–145–0020
Annuities 461–145–0022
Annuities 461–145–0025
Approved Accounts 461–145–0030
Bank Account 461–145–0035
Black Lung Benefits 461–145–0040
Burial Arrangements and Burial Fund 461–145–0050
Burial Space and Merchandise 461–145–0060
Cash 461–145–0080
Child Support and Cash Medical Support 461–145–0086
Contributions 461–145–0087
Coronavirus Aid, Relief, and Economic Security (CARES) Act 461–145–0088
Corporations and Business Entities 461–145–0089
Corporations and Other Business Entities 461–145–0090
Disability Benefit 461–145–0100
Disaster Relief 461–145–0105
Disqualifying Income 461–145–0108
Dividends, Interest and Royalties 461–145–0110
Domestic Volunteer Services Act (VISTA, RSVP) and Small Business Act (SCORE, ACE) 461–145–0120
Earned Income 461–145–0130
Earned Income 461–145–0140
Earned Income Tax Credit (EITC) 461–145–0143
Economic Recovery Payment 461–145–0145
Educational Account 461–145–0150
Educational Income 461–145–0170
Energy Assistance Payments 461–145–0175
Family Abuse Prevention Act (FAPA) Payments 461–145–0184
Filipino Veterans Equity Compensation Fund 461–145–0185
Floating Homes and Houseboats 461–145–0190
Food Programs Other Than the SNAP program 461–145–0200
Foster Care Payments and Guardianship Assistance Benefits 461–145–0210
Gifts and Winnings 461–145–0220
Home 461–145–0230
Housing and Urban Development 461–145–0240
Income-Producing Sales Contract 461–145–0250
Income-Producing Property 461–145–0252
Income-Producing Property 461–145–0255
Youth Transitions Program Subsidies 461–145–0259
Indian (Native American) Benefits 461–145–0260
Indian (Native American) Benefits 461–145–0261
Individual Development Account (IDA) 461–145–0270
Inheritance 461–145–0280
In-Kind Income 461–145–0285
Japanese-American Restitution Payments 461–145–0290
Job Corps 461–145–0300
Workforce Investment Act 461–145–0310
Life Estate 461–145–0320
Life Insurance 461–145–0330
Loans and Interest on Loans 461–145–0340
Lodger Income 461–145–0343
Manufactured and Mobile Homes 461–145–0345
Military Income 461–145–0348
Mineral Rights 461–145–0360
Motor Vehicle 461–145–0365
National and Community Services Trust Act (NCSTA), including AmeriCorps (other than AmeriCorps VISTA) 461–145–0370
Older Americans Act 461–145–0380
Pension and Retirement Plans 461–145–0390
Personal Belongings 461–145–0400
Personal Injury Settlement 461–145–0405
Plan for Self-support 461–145–0410
Program Benefits 461–145–0415
Radiation Exposure Compensation Act 461–145–0417
Railroad Retirement Payments 461–145–0420
Real Property 461–145–0430
Real Property Excluded under an Interim Assistance Agreement 461–145–0433
Recreational Vehicles 461–145–0435
Refunds 461–145–0440
Reimbursement 461–145–0455
Resettlement and Placement (R&P) Grants 461–145–0460
Sale of a Resource 461–145–0470
Shelter-in-Kind Income 461–145–0490
Social Security Benefits 461–145–0500
Social Secuirty Death Benefit 461–145–0505
Spousal Support 461–145–0510
SSI 461–145–0520
Stocks, Bonds and Other Securities 461–145–0525
Strikers’ Benefits 461–145–0530
Tax Refund 461–145–0540
Trusts 461–145–0550
Unemployment Compensation Benefit 461–145–0560
Uniform Relocation Act 461–145–0570
USDA Meal Reimbursement 461–145–0580
Veterans’ Benefits 461–145–0582
Victims’ Assistance 461–145–0583
Virtual Currency or Cryptocurrency 461–145–0585
Vocational Rehabilitation Payment 461–145–0590
Workers Compensation 461–145–0600
Work-Related Capital Assets, Equipment, and Inventory 461–145–0810
Deemed Assets 461–145–0820
Deemed Assets 461–145–0830
When to Deem the Assets of a Sponsor of a Noncitizen and How Income is Deemed 461–145–0860
Deemed Assets, Parent of Minor Parent 461–145–0910
Self-Employment 461–145–0915
Self-Employment 461–145–0920
Self-Employment 461–145–0930
Self-Employment 461–145–0931
Additional Exclusions for Farming Costs
Last Updated

Jun. 8, 2021

Rule 461-145-0080’s source at or​.us