Legally Obligated Child Support
7 CFR § 273.9(d)(5)
Allow a child support deduction when the support is legally obligated and is:
- Paid by an EDG member for a child who is not part of the SNAP EDG; or
- Paid by an EDG member to an agency or individual outside of the EDG if the payments are not returned to the EDG.
Child Support Amount
7 CFR § 273.2(f)(1)(xii) & 7 CFR § 273.9(d)(5) & 7 CFR § 273.10(d)(8)
Allow the amount actually paid by the EDG member up to the court-ordered amount. Include court ordered payments for, but not limited to:
- Clothing
- Court costs
- Education
- Healthcare
- Interest
- Legal fees
- Monthly child support
- Other specific needs of the child or children
- Past-due (arrearage) payments if the payments were originally court-ordered.
Expense Not Allowed
7 CFR § 273.2(f)(1)(xii) & 7 CFR § 273.9(d)(5) & 7 CFR § 273.10(d)(1)(i)-(ii) & 7 CFR § 273.11(c)(1)-(3)
Do not allow payments if the following occurs:
- The payment is made by someone outside the household.
- The payment is made through an IRS offset payment.
- The payment is defined as:
- alimony,
- property settlement, or
- spousal support.
- The payment is not court-ordered (voluntary).
Verification
7 CFR § 273.2(f)(1)(xii)
Before allowing as a deduction, verify the:
- actual amount paid,
- legal obligation,
- legally obligated amount, and
- expense is paid to a non-EDG member.
Check CCSES for verification of the:
- EDG’s legal obligation to pay child support,
- EDG’s amount of obligation, and
- payments the EDG actually made.
CCSES information is verified upon receipt.
For required verification not verified through CCSES, provide the EDG with form W-1348, Proofs We Need. Allow the EDG 10 days to provide the verification. Treat verification not provided in time to meet the action timeliness standard, but submitted later, as a verified change.
Take the following actions if verification is requested:
Application
7 CFR § 273.2(f)(3)(ii) and (i)(3) and (4)(B)
Process the application without the deduction if required verification is not submitted prior to the end of the 30-day processing period.
Postpone verification for expedited service month(s), unless verification is provided in time to meet the 7-day standard of promptness.
Periodic Report
7 CFR § 273.12(c)(1)-(2)
- Increased Benefits –
- Act on the reported change if the EDG provides verifications.
- If verifications are not provided:
- Send the EDG a W-1348, Proofs We Need, requesting any required verifications not provided with the PRF. Allow the EDG 10 days to verify the reported change.
- Do not act on the reported change if the EDG fails to provide required verifications by the W-1348 due date. Verify and act on the change at renewal.
- Decreased Benefits/Closes Case:
- Act on the reported change. Verify changes at renewal if verification is not provided with the PRF.
Interim Change
7 CFR § 273.12(c)(1)-(4)
Do not allow the expense if a new expense is reported and required verification is not submitted by the requested due date.
Take the following actions when a change in obligation/payment is reported and benefits will:
- Increase – Verify. Do not change the amount if verification is not provided. Use the previously verified amount
- Decrease - Process the change and verify at renewal.
Renewal
7 CFR § 273.2(f)(8)(i)-(iv) & 7 CFR § 273.14(b)(4)
Process the renewal without the deduction if a new obligation or change in obligation/payment is reported and required verification is not submitted prior to the end of processing time period.
Verify the interim change if a change in obligation/payment was reported, but not verified when reported. Process without the payment if verification is not submitted by the due date.