Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 7 - Sources and Treatment of Unearned Income
Rule 23-104-7.33 - Support Payments - Child Support
Universal Citation: MS Code of Rules 23-104-7.33
Current through September 24, 2024
A. Child support is defined as follows:
1. A child support payment
is payment from an absent parent to or for a child to meet the child's needs
for food and shelter.
2. Child
support can be voluntary or court-ordered.
B. Child support payments from an absent parent are treated as follows:
1. Treat child
support payments (including arrearage payments) as unearned income to the
child.
a) An arrearage payment is one that
was due, but not paid timely and is being paid to comply with an unfulfilled
past obligation.
2.
One-third of the amount of the child support payment made to or for an eligible
child by an absent parent is excluded.
a) The
one-third exclusion of a child support payment applies to the eligible child
only.
b) The disregard is not
applied when an ineligible child receives child support payments which are
considered in a deeming computation.
c) The income used to make court-ordered or
Title IV-D support payments by an ineligible spouse, ineligible parent or
ineligible child is excluded when deeming.
3. Child support payments being made for
adult children are treated as follows:
a)
Child support payments (excluding arrearages) received by a parent after an
adult child stops meeting the definition of a "child" are income to the adult
child, whether or not the adult child lives with the parent or receives any of
the child support from the parent.
1) These
payments are not subject to the one-third reduction.
b) When a parent receives child support
arrearage payments on behalf of an adult child:
1) Any portion of the arrearage payment that
the parent receives and does not give to the adult child is income to the
parent.
2) Any amount of the
arrearage payment that the parent gives to the adult child is income to the
adult child in the month given, not income to the parent.
(a) The one-third reduction does not
apply.
3) When an adult
child receives an arrearage payment directly from the absent parent, the
arrearage payment is income to the adult child.
(a) The one-third reduction does not apply.
c) Child
support payments and arrearages received by a parent on behalf of a deceased
child or adult child are income to the parent who receives
them.
Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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