Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-2 - CERTIFICATION OF ELIGIBLE HOUSEHOLDS › Section 660-4-2-.12 - Child Support Deduction

Current through Register Vol. 42, No. 9, June 28, 2024
Section 13921 of the Leland Act (Pub.
				L. 103-66 Title I, Chapter 3, August 10, 1993)
				amends Section 5(e) of the Food Stamp Act.
Legally obligated child support payments paid by a household
				member to a non-household member shall be allowed as a deduction. The deduction
				shall be only for the amount the household member actually pays, and shall not
				exceed the legally obligated amount. Voluntary child support payments are not
				allowed as a deduction.
1. The
			 household may receive a deduction for legally obligated child support paid to a
			 party outside the household, even if the child or the children and the other
			 parent are in the same household with the individual paying the child support.
			 For example this may occur if the child moves back and forth between the
			 parents, or if the payee has a continuing obligation to make arrearage payments
			 to the Child Support Collection Agency after the family is reunited.
2. Payments made to a third party (e.g.,
			 landlord or utility company) on behalf of the non-household member in
			 accordance with the support order shall be included in the deduction.
3. Legally obligated payments made by the
			 household to obtain medical care and health insurance for the child or children
			 shall be included as part of the child support deduction.
4. In addition to the regular child support
			 payments, a deduction may also be given for arrearage payments. If the amount
			 in excess of the legally obligated amount is for arrearage the household is
			 entitled to a deduction for the entire amount. For example a father (legally
			 obligated to pay $100 per month child support) is paying $150 child support
			 which includes $50 arrearage payments and the $100 current child support would
			 be entitled to a deduction for the entire $150. However, if the amount in
			 excess of the legally obligated amount is voluntary and is not for arrearage
			 the household would only be entitled to a deduction for the legally obligated
			 amount.
A separate court order specifying the amount of the arrearage
				payments is not necessary in order for the household to receive the deduction.
				A court order or other types of verification of the legally obligated amount of
				child support is needed only for the current child support payments. The amount
				of the arrearage payments must be verified, as well as that the payments are
				truly arrearage. The worker must document thoroughly when giving a deduction
				for arrearage payments.
5. A
			 deduction shall not be allowed for amounts collected through income tax
			 intercepts. Unlike child support paid through garnishments from current income,
			 child support collected through income tax intercept is taken from a lump-sum
			 payment.
Author: Pamala Pace
Statutory Authority:
Food Stamp Act 1977, U.S.C.
				  2011 et
seq
:
				  Public
				  Law 103-66:
				  7 CFR
				  273.9;
Code of Ala.
				  1975
, §
										38-2-6(17).