A child support payment is a payment from a parent to meet the child's needs for food and shelter. Child support can be in cash or in-kind; it can be voluntary or court ordered.

An absent parent is a parent whose parental rights are not legally severed or is a stepparent currently married to a parent of the child who does not live in the same household as the child. We determine household status on the first of the month.

If the periods of living together are brief and the child remains independent or under the care and control of another person, agency, institution, or is living in the home of another, usually consider the parent absent unless such parent retains parental responsibility and control.

Do not consider a parent absent if such parent is away due to employment, intends to resume living with the child, and retains parental control and responsibility. Do not consider an “absent” military deemor “absent” for purposes of the child support exclusion.

For more information on deeming from an “absent” military deemor, see SI 01310.170.

Do not consider a child (or parent) who is a boarding student in an educational facility absent.

NOTE: This definition of an absent parent does not apply when determining “temporary absence” for deeming purposes.

When determining temporary absence from a deeming household, refer to SI 01310.165.

A child, for SSI purposes, according to the Social Security Act, is neither married, nor the head of a household and is either:

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  under age 18, or

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  under age 22 and a student regularly attending school, college, or training that is designed to prepare for a paying job.

For more information on SSI child status, see SI 00501.010.

A student is a child who is under age 22 and regularly attending school. For more information on SSI student child status, see SI 00501.020.

An adult child is a number holder’s son or daughter who no longer meets the definition of a child (e.g., is now head of a household). For more information on SSI child status, see SI 00501.010.

A custodial parent is a parent who has care, guardianship, or custody of the child.

An “other person” is an individual, other than a parent who has care, guardianship, or custody of the child.

A child support arrearage payment is a payment that was due, but not paid in a timely manner for the appropriate period. The payment is paid to comply with an unfulfilled past obligation to support the child.

To treat child support payments made on behalf of an SSI child:

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  When an eligible child receives child support payments (including arrearage payments), the payments are unearned income to the child. For information on an SSI child, see SI 00501.010.

  NOTE: Child support continues to be unearned income to the child in situations where the child and the parent, to whom the support is paid to, no longer live in the same household.

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  When an absent parent makes a child support payment for an eligible child, exclude one-third of the amount. This exclusion does not apply when determining the income of ineligible children in a deeming computation.

For information on the ineligible child allocation, see SI 01310.110D.

To treat child-support payments made on behalf of a deceased SSI child:

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  Child support payments (including arrearage payments) made on behalf of a deceased SSI child are unearned income to the parent or other person who receives them.

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  The one-third child support exclusion does not apply.

Exclude one-third of the amount of child support that an eligible child receives in the form of food or shelter from an absent parent as income. The remaining two-thirds are in-kind support and maintenance (ISM) subject to the presumed maximum value (PMV).

For more information on computing ISM from outside a household, see SI 00835.350C.

EXAMPLE: Absent parent provides ISM to child: Joe Smith's father provides all Joe’s food as part of the child support agreement. In November 2011, Joe's father gives food with a value of $600.

Exclude $200 of that amount from income. The remaining $400 is subject to the 2011 PMV, which is $224.66. Charge (the lesser of the two) $224.66 to Joe as ISM in the month of November.

Any in-kind child-support payment that is not for food or shelter (e.g., for health insurance) is not income to the child. However, deduct court-ordered support payments made for any purpose (e.g., for health insurance) from the deemor's income.

When a child is in the custody of the State (i.e., in foster care), and the State collects child support and keeps the money, the support payment from the parent is not income to the child. Consider the support payment a reimbursement to the State for the foster care payment. Also, child support collected and retained by the State, as reimbursement for prior Temporary Assistance for Needy Families (TANF) payments, is not income to the child.

A custodial parent or other person may ask the child support enforcement agency to collect child support payments from the absent parent, and the child support agency may give the custodial parent or other person the support they collect. Treat the support the same as if the non-custodial parent sends the support payment directly to the custodial parent or other person.

For more information on the treatment of child support as income, see SI 00830.420B.1. in this section.

When a parent or other person receives current child support payments for an adult child after the adult child stops meeting the definition of a child, the income belongs to the adult child. The support payments are income to the adult child even if he or she does not live with or receive any of the child support payment from the parent or other person. Such support payments are not subject to the SSI one-third child support exclusion.

When a parent or other person receives current child support payments on behalf of a deceased SSI adult child, consider it income to the parent or other person who receives the payments. Support payments are not subject to the SSI one-third child support exclusion.

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  Verify the amount and frequency of child support payments.

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  Unless you doubt the allegation, accept the individual's allegation of the relationship of the payer to the payee and type of payment (voluntary or court-ordered).

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  Determine if any of the child support payments represent an arrearage.

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  Develop and document dates and amounts retained by the parent or other person, or disbursed to the adult child when a parent or other person receives a child support arrearage payment on behalf of an adult child.

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  Charge the arrearage payment as unearned income to the adult child when an adult child receives a child support arrearage payment directly from the absent parent.

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  Post to the SSI record, the date and amount of the arrearage payment as unearned income to the adult child when a parent or other person who receives an arrearage payment gives the payment to the adult child.

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  Post to the SSI record, the date and amount of the arrearage payment as unearned income to the parent or other person when the parent or other person retains the arrearage payment and he or she receives SSI (or is a deemor on an SSI record).

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  Post to the SSI record, the date and amount of the child support payment (including arrearages) as unearned income to the parent or other person when the parent or other person receives the payment on behalf of a deceased SSI child or adult child and he or she receives SSI (or is a deemor on an SSI record).

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  Obtain the individual's statement either signed or recorded on the Person Statement page of retention or disbursement of child-support arrearage payments over the penalty clause.

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  Verify the amount and frequency of child support payments.

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  Accept the individual's allegation of relationship of the payer to the payee unless you doubt the allegation.

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  Develop child support arrearage payments to an adult child depending on the month(s) he or she receives arrearage payments.

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  Post the amount of the payment to the SSI record as income to the adult child who is receiving SSI payments. Do not charge any of the income to the parent or other person receiving the income on behalf of the adult child.

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  Obtain the individual's statement either signed or recorded on the Person Statement page of retention or disbursement of child support arrearage payments over the penalty clause.

Apply the procedures in this section when you make a single support payment (e.g., one check) for two or more recipients:

1. a. 

   Review the legal document that describes the support payments:

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     If the legal document states the amount of each person's share, divide the payment according to the terms of the document.

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     If the legal document does not indicate the amount of each person's share, divide the payment equally.

2. b. 

   If no legal document exists, contact the source of the payment to establish intent and allocate the support payment according to that intent.

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     If contact with the source is not successful, accept the payer’s signed allegation about who the support is for and how to allocate the support. If the payer cannot tell you how he or she wants to allocate the support payment, divide the payment equally among the intended recipients.

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     Obtain the individual's statement either signed or recorded on the Person Statement page of retention or disbursement of child support arrearage payments over the penalty clause.

Consider the following child support evidence:

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  Court records (For information on accepting court orders, see GN 00301.030B.3.);

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  Records of the agency that released the payments;

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  Official documents in the recipient’s possession (e.g., legal documents) that establish the amount and frequency of the support;

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  Report of contact with the source of the payment containing the date, amount, and frequency of the support.

If none of the evidence in SI 00830.420D.4. is available, document the recipient’s signed statement of the amount of the support, dates received, and the retention or disbursement of the payments on the Person Statement page. In non-MSSICS cases, fax an SSA-795 (Statement of Claimant or Other Person) into the Electronic Disability Collect System (EDCS) or Non-Disability Repository for Evidentiary Documents (NDRed). Document the reason we did not obtain evidence (e.g., the documentation does not exist, the court or agency will not release the information, or the source refused to cooperate) in associated REMARKS or in COMMENTS on the EVID screen in MSOM EVID 001.003.

Apply these procedures for a payment from an absent parent on behalf of an SSI child.

In the SSI Claims System:

Enter the date and the full amount of cash child support payment and income type on the Child Support (ICHS) page for the child.

For more information on the Child Support (ICHS) page, see MS INTRANETSSI.014.025 .

For information on deeming and the income used to comply with a court order, see SI 01320.145.

If the claimant meets the definition of “child,” the system:

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  posts the income to the Social Security Record (SSR) as type “N” unearned income,

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  applies the one-third exclusion to the type “N” income, and

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  uses only two-thirds of the support payment in the SSI payment computation.

Enter the total child support payment that is In-Kind Support and Maintenance (ISM) on the In-Kind Support and Maintenance (LISM) page.

For more information about the In-Kind Support and Maintenance page (LISM) page, see INTRANETSSI 010.015. Select “Yes” for question “DOES ANY PERSON (NOT LIVING WITH YOU) OR ANY AGENCY PAY FOR ANY OF YOUR FOOD OR SHELTER ITEMS, OR PROVIDE YOU OR YOUR HOUSEHOLD (IF APPLICABLE) WITH ANY FOOD OR SHELTER ITEMS.” Click “Add ISM Source” button. A separate ISM Source window will be displayed. Select “Yes” for question “Payment from absent parent.” The system applies the exclusion and determines the ISM amount based on the selections made.

If the parent or other person receives Social Supplemental Income (SSI), e.g., parent is a disabled recipient, enter the date and any child support payment (including arrearages) that they received on behalf of a deceased SSI child on the Other Income (IOTH) page of the SSI eligible person’s record. MSSICS posts this income as type “SO” unearned income to the Supplemental Security Record (SSR). Document in Remarks that the income is a child support payment or arrearage on behalf of a deceased SSI child.

Enter the date and the full amount of cash child support payments and income type on the Child Support (ICHS) page for the SSI child.

For more information about the Child Support (ICHS) page, see MS INTRANETSSI 014.025.

MSSICS posts the income to the SSR as type “SS” unearned income. The one-third exclusion does not apply to these payments.

For information on deeming and the income used to comply with a court order, see SI 01320.145.

If the parent or other person receives SSI (e.g., parent is a disabled recipient), enter the date and any child support payment (including arrearages) that they receive on behalf of a deceased SSI child on the Other Income (IOTH) page. MSSICS posts this income as type “SO” unearned income to the SSR. Document in Remarks that the income is from a child support payment or arrearage from a deceased SSI child.

Apply these procedures for a payment on behalf of an adult child:

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  Enter the date and the full amount of cash child support payments (including arrearage payments received, if applicable) to an adult child on the Child Support (ICHS) page in MS INTRANETSSI 014.025.

If the claimant does not meet the definition of a “child,” MSSICS posts this income to the SSR as type “SS” unearned income. The one-third exclusion does not apply to support payments received by an adult child. The system uses the entire support payment in the SSI payment computation.

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  If the parent or other person receives SSI (e.g., parent is a disabled recipient), enter the date and any child support arrearage payment that they received and retained June 1, 2002 or later on the IOTH screen. MSSICS posts this income as type “SO” unearned income to the SSR. Document, in Remarks, that the income is from a child support arrearage.

If the parent or other person receives SSI (e.g., parent is a disabled recipient), enter the date and all child support payments (including arrearages) that they receive on behalf of a deceased SSI adult child on the Other Income (IOTH) page. MSSICS posts this income as type “SO” unearned income to the SSR. Document, in Remarks, that the income is from a child support payment or arrearage from a deceased SSI adult child.

Apply these procedures for a payment from an absent parent on behalf of an SSI child:

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  Enter the date and the full amount of cash child support payments to a child as type “N” unearned income in the UM field on the SSA-1719-B, (SSI Post Eligibility Data Input) or the SSA-450-SI (SSI Data Input and Determination). The system applies the one-third exclusion when performing the SSI payment computation.

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  For child-support payments that are ISM, first compute the amount of child support that is countable. For more information on food or shelter received as child support, see SI 00830.420B.2 in this section. Post the countable child support as type “H” income on the SSA-1719-B (SSI Posteligiblity Data Input) or SSA-450-SI (SSI Data Input and Determination). For more information on specific rules for in-kind support and maintenance (Type H) unearned income, see SM 01005.193.

Post the full amount of the child support payments (including arrearages) to a parent or other person who received the payment on behalf of the deceased SSI child (and who receives SSI or is a deemor) as type “SS” unearned income in the UM field on the SSA-1719-B or SSA-450-SI. The one-third exclusion does not apply to these payments. Document, on a SSA-795, the payer’s signed statement that the income is from a child support payment or arrearage from a deceased SSI child and fax it into Electronic Disability Collect System (EDCS) or Non-Disability Repository for Evidentiary Documents (NDRed).

Post the full amount of cash child support payments to the child as type “SS” unearned income in the UM field on the SSA-1719-B or SSA-450-SI. The one-third exclusion does not apply to these payments. For information on deeming and the income used to comply with a court order, see SI 01305.330.

Post the full amount of child support payments (including arrearages) as income to the parent or other person who received the payment on behalf of the deceased SSI child. Post the income as type “SS” unearned income in the UM field on the SSA-1719-B or SSA-450-SI. The one-third exclusion does not apply to these payments. Document the recipient’s signed statement that the income is from a child support payment or arrearage from a deceased SSI child on an SSA-795 and fax it into EDCS or NDRed.

Apply these procedures for a payment on behalf of an adult child:

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  Enter the date and the full amount of cash child support payments (including arrearages received, if applicable) to an adult child as type “SS” unearned income in the UM field on the SSA-1719-B or SSA-450-SI. The one-third exclusion does not apply to an adult child.

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  Enter the date and any child support arrearage payments that are income (received June 1, 2002 or later) to a parent or other person who receives SSI as type “SS” unearned income in the UM field on the SSA-1719-B or SSA-450-SI.

Enter the date and the full amount of the child support payments (including arrearages) to a parent or other person who received the payment on behalf of the deceased adult child (and who receives SSI or is a deemor) as type “SS” unearned income in the UM field on the SSA-1719-B or SSA-450-SI. The one-third exclusion does not apply to these payments. Document, on an SSA-795, the recipient’s signed statement that the income is from a child support payment or arrearage from a deceased SSI adult child and fax it into EDCS or NDRed.