Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 20 - Division of County Operations › Rule 016.20.95-015 - Child Support Deductions

Current through Register Vol. 49, No. 6, June, 2024
Click here
				to view image
NOTICE OF RULE MAKING
Pursuant to Section 13 921 of the Mickey LeLand Childhood
				Hunger Relief Act, (
				P.L.
				103-66, enacted August 10, 1993) the Division of
				County Operations issues proposed changes to the Food Stamp Certification
				manual regarding implementation of a deduction for child support.
Copies of the revised policy may be obtained by writing to the
				Division of County Operations, P.O. Box 1437, Little Rock, AR 72203, Attention:
				Food Stamp Policy Unit, slot 1241. All comments must be submitted within 30
				days of the date of publication of this notice. If you need any material in a
				different format, such as large print, contact our Americans with Disability
				Act Coordinator at 682-8920 (Voice) or 682-8933 (TDD). The Arkansas Department
				of Human Services is in compliance with Titles VI and VII of the Civil Rights
				Act and operates, manages and delivers services without regard to age,
				religion, disability, political affiliation, veteran status, sex, race, color
				or national origin.
Subj: Child Support Deductions
Effective October 1, 1995, a deduction will be allowed 1n
				the Food Stamp Program for legally obligated child support payments made by a
				household member to an individual who is not a household member. Under the
				authority of the 1993 Mickey Leland Childhood Hunger Relief Act (
				Public
				Law 103-65, Title I, Chapter 3, Section 13921)
				states must Implement this provision no later than October 1,
				1995.
A legal obligation may be:
1.
A court order that would be upheld
			 by a judge in a court of law;
2.
An order issued through an
			 administrative process; or
3.
A legally enforceable separation
			 agreement.
The following payments will also be
				deductible:
1.
Payments
			 from current income to makeup for months in which the member did not meet his
			 or her legal obligation;
2.
The value of legally obligated child support that is provided in-kind,
			 such as payments of rent directly to a landlord.
3.
Payments a non-custodial parent is
			 legally obligated to make to obtain health Insurance for a child or
			 children.
Any portion of a child support payment above and beyond
				the obligated amount is not deductible. Payments for alimony are not
				deductible. Voluntary child support payments made without a legal order are not
				deductible.
Collecting Information About Child Support
				Payments
Until necessary forms can be revised to collect child
				support information, a form entitled
Child Support
				Deduction
(DCO-202) has been designed for this purpose. A
				slip with a question about child support will be stapled to the deduction
				section of the Food Stamp Aapplication, (DCO-220). At the time of the
				application interview, each household will be asked if anyone in the home pays
				child support. If the response is affirmative, the household will be asked to
				complete a DCO-202.
If a child support payment is declared on a quarterly
				report, the household will be issued a DCO-202 and asked to complete and return
				it within 10 days.
A copy of the DCO-202 is attached to this directive. A
				copy of the statement to be added to the application is also attached.
				Distribution of the office supply of both items will occur
				separately.
Determining the Amount of The Child Support
				Deduction
The child support deduction will be taken before the
				household's shelter deduction is calculated. This deduction will be entered to
				WFSM in a new field entitled 55A. To make room for this new field, the blank
				field 47 has been omitted and total unearned (field 49) has been moved back
				from the top of the third column to the bottom of the second column. Until the
				system prints a new DCO-233 with the new field number 55A, the child support
				deduction will be inserted with an arrow immediately after the medical
				deduction field.
The child support deduction must reflect the child
				support the household expects to pay during the certification period rather
				than the obligated amount. Therefore, the amount of the child support deduction
				will be based on the average amount paid so long as the average amount does not
				exceed the obligated amount. Amounts in excess of the legal obligation are not
				deductible.
For households submitting an Initial application, the
				average must be based on at least three months payments unless there is less
				than three month's history. If there is less than three month's history, the
				average will be based on the payments made to date. If there is no payment
				history, the child support deduction will be based on the amount the household
				ir. obligated to pay plus the absent parent's statement of what he or she
				intends to pay.
For households submitting a subsequent application, the
				average will be based on the child support paid during the previous
				certification period unless the household has no payment history. If there is
				no payment history, the child support will be based on the amount the household
				is obligated to pay plus the absent parent's statement of what he or she
				Intends to pay.
To calculate an average amount, figure the total for each
				month of the selected period. Do not use a conversion factor. Add together the
				amount figure for each month to get a total paid during the selected period.
				Divide this figure by the number of months In the selected
				period.
Any upcoming change in the legally obligated amount must
				be taken into account when determining the amount of the child support
				deduction. For example, if the court orders a decrease in child support, this
				must be reflected In the amount of the child support deduction. Or, if the
				court orders an increase in child support and the household states It will meet
				its obligation, the new payment must be reflected In the amount of the child
				support deduction.
Reporting Changes In Child
				Support
Any household who declares a child support deduction will
				be subject to quarterly reporting unless the household would otherwise be
				certified for one or two months.
When the quarterly report is submitted, the household
				must report its current child support payments and provide verification of all
				child support payments in the previous quarter. These child support payments
				will be averaged and deducted for the upcoming quarter. While the payments must
				be verified, there will be no need to reverify obligation unless the household
				reports a change in the obligated amount.
Verification of Child Support
				Payments
Documents such as court orders, administrative orders,
				legally enforceable separation agreements will be sufficient to verify both the
				obligation to pay child support and the obligated amount. However, these
				documents may not be used to verify the actual payment of child support.
				Acceptable verification of the amount paid Include canceled checks, court
				payment records, wage withholding statements, verification of withholding from
				unemployment compensation checks, and statements from the custodial parent
				regarding payments. Payments made through the Office of Child Support
				Enforcement may be verified through the WFTC screen or other OCS
				screens.
At initial application and at recertification both the
				obligation to pay and the amount paid must be verified. An application will not
				be held beyond the normal processing time solely to obtain required
				verification of deductible child support payments If the household is otherwise
				eligible. The household will be notified that its application was processed
				without allowing the child support deduction. When verification is provided,
				the expense will be deducted and the allotment adjusted In accordance with the
				timeliness standards for a change reported by an occasional
				reporter.
Inquiries to: Betty Helmbeck, Food Stamp Section,
				682-8284
Click here
				to view image
INSTRUCTIONS FOR VERIFICATION OF CHILD SUPPORT
				PAYMENTS
Verification of Legal Obligation to Pav Child
				Supp
ort
We must have proof that child support payments are
				legally obligated. You may provide as proof:
1.
A copy of the court
			 order;
2.
A copy of
			 the administrative order; or
3.
A copy of the legally enforceable
			 separation agreement.
Verification of Child Support Pavments
If you are applying for the frst time, we must have proof
				of all child support payments made in the last three months. If you have paid
				child support for less than three months, we need proof of all
				payments.
If you reapplying, your caseworker will tell you exactly
				what proof you must provide.
You do not need to provide proof of child support
				payments made through the Office of Child Support Enforcement. We have this
				information in our office.
To verify child support payments, you may
				provide:
1.
Canceled
			 checks;
2.
Money
			 order receipts;
3.
A
			 signed, dated statement from the person who gets the child
			 support;
4.
A copy of
			 your record of payment from a court or other collection
			 agency;
5.
Wage
			 withholding statements; or
6.
Other documentary
			 evidence.
Providing Verification
You and your household are primarily responsible for
				getting proof of child support obligation or payments. If you need help getting
				this information, contact your caseworker. Your caseworker will help you get
				this information so long as you are cooperating with this agency.
Your Right to Appeal
If you are unhappy with any action we take, you or your
				representative may ask for a hearing. To ask for a hearing, call or go into the
				Department of Human Services Office. Send written requests to:
Arkansas Department of Human Services
Attention: Appeals and Hearings
P.O. Box 1437 Slot 1001
Little Rock, AR 72203
FOOD STAJMP PROGRAM - CHILD SUPPORT
				DEDUCTION
DCO-202
£IIB£OS£
The DCO-202 will-be issued to a household which declaresa child
				support deduction on the food stamp apiJiication or food stamp quarterly
				report.
COMPLETION
Ilie county worker \\ill complete the foiliowih'gltems is
				issued to the household:
1. ynfflne,
			 address and SSN of casehead;
2.
			 county address and telephone number;
3. date the form was issued;
4. caseworker s name;
5. dateby whichfomtmustteretuffied; and . _ .
			 .. ___ ..
6. ,,type of case action
			 (quarterly report, application, or change report).
The household will be asked to complete the remainder of the
				information. If the household fequestsassistariceiirGompMinglher worker
				willprovide assistance. The head of household, other responsible household
				memberor authorized representative must sign and date Jie fdrm.
ROUTING
Unless the form is completed.by the-household
				during.the.interview, prepare an original and one copy. When the original is
				returned, the copy may be discarded.
Retain'eitKer the copy or the original (if returned) in the
				case record for three years from the date of completion.
Click here
				to view image
Click here
				to view image
5. Is this a
			 new rule? Yes_____ N
o y
Does this repeal an existing rule? Yes_____ No
y
If yes, please provide a copy of the repealed rule.
Is this an amendment to an existing rule? If yes, please
attach a markup showing the changes in the existing ruj.e and a
				summary of the substantive changes
.
6. What state law grants the authority for
			 this proposed rule? If codified, please give Arkansas Code citation.
NA
7. What
			 is the purpose of this proposed rule? Why is it necessary?
A change in the federal lav makes this rule necessary.
8. Will a public hearing be held
			 on this proposed rule?
Yes______ No
X
If yes, please give the
				date, time,
and place of the public hearing?
9. When does the public comment period
			 expire?
10/26/95
10. What is the proposed effective date of
			 this proposed rule?
ADOPTED
10/01/95; APA effective date 11/03/95
11. Do you expect this rule to be
			 controversial? Yes_____
N
o Y
If yes, please explain.
12. Please give the names of
			 persons, groups, or organizations which you expect to comment on these rules?
			 Please provide their position (for or against) if known,
NA
DEPARTMEN
T Human
				Services
_____________________________
DIVISIO
N County Operations
PERSON COMPLETING THIS STATEMEN
T Betty
				Helmbeck
TELEPHONE NO.
682-828A
__________FAX
				NO. 682-1489
FINANCIAL IMPACT STATEMENT
To comply with Act 884 of 1995, please complete the following
				Financial Impact Statement and file with the questionnaire and proposed
				rules.
SHORT TITLE OF THIS RULE PD FSC 95-20___________________
1. Does this proposed, amended, or
			 repealed rule or regulation have a financial impact? Yes________ No
xx
2. If
			 you believe that the development of a financial impact statement is so
			 speculative as to be cost prohibited, please
explain.
The increase
			 in food stamp benefits resulting from the implementation of this rule will be
			 fully funded by federal dollars
3.
			 If the purpose of this rule or regulation is to implement a federal rule or
			 regulation, please give the incremental cost for implementing the regulation.
N/A
1995-96 Fiscal Year
1996-97 Fiscal Year
General Revenue______
._
_____ General
				Revenue___________
Federal Funds______________ Federal Funds_____________
Cash Funds_________________ Cash Funds________________
Special Revenue____________ Special Revenue___________
Other______________________ Other_____________________
Total______________________ Total_____________________
4. What is the total estimated
			 cost by fiscal year to any party subject to the proposed, amended, or repealed
			 rule or regulation?
n/a
1995*96 Fiscal Year
1996*97 Fiscal Year
5. What is the total estimated cost by fiscal
			 year to the agency to implement this regulation?
N/A
1995-96 Fiscal Year
1996-97 Fiscal Year
July 28, 1995