CHILD SUPPORT (FSM)

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The income is considered the child’s. If one child support payment is made on behalf of more than one child, prorate the payment among the children to determine an amount for each. This includes any amount diverted from court-ordered support (or other binding agreement) to a third party to pay the household’s expenses when the court has not ordered the diversion. If alimony is included in the same payment with child support, a prorated share is considered to be the spouse’s.

Payments made by the absent parent directly to a household for the maintenance of a child, including any amount diverted from court ordered support to a third party when the court has not ordered the diversion.

Treatment: Unearned Income

Any portion of child support made payable to—and retained by—the state:

Treatment: Excluded Income

Child support payments when they go to a third party rather than the household and one of the following is true:

The third-party payment is the result of a court order or other legally binding written agreement.

The child support is voluntary: that is, not required by a court order or other binding written agreement.

The support payment exceeds the amount specified by the court order or other binding written agreement.

Examples:

The ex-husband of a Food Stamp recipient agrees informally to pay her landlord for the rent out of child support that would normally go to her.

The ex-husband is court-ordered to pay the electric company for the recipient’s electric bill.

The ex-husband voluntarily pays a karate studio for the children’s lessons.

Treatment: Excluded Income

References: RSA 161:2, XIII; RSA 161:4-a, IV; RSA 167:4, I(a); RSA 167:7, IV; 7 CFR 273.9(b), (b)(5)(ii) and (c)(17); 7 USC 2014(d)(6) and (18)