WAG 15-04-03-f.
Consider support payments received or paid as follows:
Support Received
Consider as income available to meet a client's needs, all court ordered support payments and voluntary contributions made by a legally responsible relative, and contributions from any other source.
When determining available income, exempt up to $50 of total current monthly child support, court ordered or voluntary, received by a Medical Only client. This includes ordered or voluntary support paid by an alleged father.
If the order for current support is less than $50 per month, then exempt only the amount of support received up to the current support order.
Consider as available income, any child support over $50, or if the order is for less than $50, any amount over the ordered amount.
For contributions from a non-responsible relative (e.g., grandparent), consider the full amount of the contribution as available income.
Support Paid
If a person pays support for a person(s) for whom they are legally responsible (see PM 09-02-00), or for whom there is a court order for support, deduct the verified
amount of support paid from nonexempt income. Medical expenses paid as a result of a court order are also support and are deducted from nonexempt income for the month that the expense is paid. Deductions for support payments cannot
exceed the total amount of nonexempt income.
For LTC, SLF, and DoA clients, the amount of voluntary support deducted cannot exceed the Community Spouse Maintenance Needs Allowance, Family Maintenance Needs Allowance, and the Maintenance Allowance - Child Under 21 (LTC/SLF).