Or. Admin. R. 461-145-0080

Current through Register Vol. 63, No. 6, June 1, 2024

Section 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) or minor parent (see OAR 461-001-0000) in the financial group (see OAR 461-110-0530) 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) whose parental rights have not been legally severed or a stepparent currently legally married (see OAR 461-001-0000) to a parent of a child (see OAR 461-001-0000) 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 individual. "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 individual before any remaining amount of current child support is withheld by the State. "Pass-through" includes current child support only.

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

(a) Child support payments the group receives that are subject to assignment of support rights under OAR 461-120-0310 in order to maintain TANF eligibility are excluded, even if the group fails to turn the payments over to the Division of Child Support (DCS).

(b) Child support payments received by a filing group (see OAR 461-110-0370) 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) an actual medical cost.

(e) Payments made by an absent parent (see section (2) of this rule) to a third party for the benefit of the financial group are treated in accordance with OAR 461-145-0280.

(4) In the TANF program:

(a) Cash medical support is excluded in determining countable income.

(b) Child support paid to a third party for the benefit of the financial group is considered countable unearned income. This includes but is not limited to payments made by an absent parent to a third party for rent, mortgage, utilities, or child care.

(c) Initial eligibility (see OAR 461-001-0000) and benefit amount -

(A) In determining initial eligibility for all households, child support payments, except for disregard pursuant to section (2) of this rule, are considered countable unearned income. This includes any child support payments that would be assigned to DCS if the TANF application is approved.

(B) In calculating initial benefit amount for single parent or single caretaker relative (see OAR 461-001-0000) households, child support payments received after eligibility is determined and authorized are excluded, except certain child support arrears payments. Child support arrear payments that the Department reasonably determines will continue to be sent by DCS to the financial group are considered countable unearned income.

(C) In calculating initial benefit amount for two parent or two caretaker relative households, child support payments, except for disregard, are considered countable unearned income.

(d) Ongoing eligibility (see OAR 461-001-0000) and benefit amount, except households with an individual working under a TANF JOBS Plus agreement -

(A) In determining on-going eligibility for single parent or single caretaker relative households, child support payments received by DCS or received directly and turned over to DCS are considered countable unearned income, except disregard, which is excluded in determining countable income. No disregard is allowed for child support payments received directly and not turned over to DCS.

(B) In determining ongoing eligibility for two parent or two caretaker relative households, child support payments are considered countable unearned income, except disregard which is excluded in determining countable income.

(C) In calculating ongoing benefit amount for single parent or single caretaker relative households --

(i) Child support payments received by DCS and pass-through are excluded, except certain child support arrears payments. Child support arrear payments that are sent by DCS to the financial group and reasonably anticipated to continue are considered countable unearned income.

(ii) Child support payments paid directly to the financial group that are not turned over to DCS are considered countable unearned income. No disregard is allowed.

(D) In calculating ongoing benefit amount for two parent or two caretaker relative households, child support payments are considered countable unearned income, except for disregard which is excluded in determining countable income.

(e) Ongoing eligibility and benefit amount for households that include an individual working under a TANF JOBS Plus agreement:

(A) Child support payments are excluded in determining countable income.

(B) Child support payments are excluded when calculating the TANF portion of the benefit equivalency standards (see OAR 461-190-0416).

(C) All child support payments paid directly to the financial group are considered countable unearned income in the calculation of the wage supplement (see OAR 461-190-0416).

(5) Effective July 6, 2020, 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.

(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 (C) of this subsection.

(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, OAR 461-160-0551, and OAR 461-160-0552.

(6) In the SFPSS program, notwithstanding section (4) 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 an absent 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 an absent parent to a third-party for rent, mortgage, utilities, or child care.

Or. Admin. R. 461-145-0080

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; SSP 7-2003, f. & cert. ef. 4-1-03; SSP 16-2003, f. & cert. ef. 7-1-03; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 7-2008(Temp), f. & cert. ef. 3-21-08 thru 9-17-08; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 12-2009(Temp), f. 6-23-09, cert. ef. 7-1-09 thru 12-28-09; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 29-2011(Temp), f. & cert. ef. 10-5-11 thru 4-2-12; SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12; SSP 24-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 12-28-12; SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12; SSP 31-2012(Temp), f. 9-28-12, cert. ef. 10-1-12 thru 12-28-12; SSP 36-2012, f. 12-28-12, cert. ef. 12-29-12; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 38-2015, f. 12-25-15, cert. ef. 1/1/2016; SSP 23-2017, f. 9-11-17, cert. ef. 10/1/2017; SSP 11-2018, amend filed 03/09/2018, effective 4/1/2018; SSP 21-2018, amend filed 06/05/2018, effective 7/1/2018; SSP 28-2018, amend filed 09/06/2018, effective 10/1/2018; SSP 40-2022, amend filed 06/29/2022, effective 7/1/2022; SSP 17-2023, amend filed 06/14/2023, effective 7/1/2023

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.009, 412.014, 412.049, 413.085 & 414.619

Statutes/Other Implemented: 409.010, 411.060, 411.070, 411.404, 411.816, 412.009, 412.014, 412.049, 413.085 & 414.619