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:(B)
All in-kind child support paid to the financial group is excluded.(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
.