Oregon Administrative Rules
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 145 - TREATMENTS OF SPECIFIC ASSETS
Section 461-145-0505 - Spousal Support
Universal Citation: OR Admin Rules 461-145-0505
Current through Register Vol. 63, No. 9, September 1, 2024
(1) In the OSIP, OSIPM, and QMB programs, spousal support (see OAR 461-001-0000) is counted as unearned income.
(2) In the SNAP program:
(a) Payments made by the separated
or divorced spouse to a third party for the benefit of the financial
group are excluded, except that a payment for which there is a legal
obligation to pay to a member of the financial group that is
made to a third party for shelter expenses of a member of the financial
group is counted as unearned income.
(b)
Spousal support is
counted as unearned income.
(3) In the REF, REFM, and TANF programs:
(a) For individuals not working under a TANF
JOBS Plus agreement, if the spousal support is received by the
Department or Department of Justice and if continued receipt of the
spousal support is reasonably anticipated, the spousal
support is --
(A) Counted as unearned
income when determining eligibility; and
(B) Excluded when determining the REF and
TANF benefit amount.
(b)
For individuals working under a TANF JOBS Plus agreement:
(A)
Spousal support is
excluded in determining countable income.
(B)
Spousal support is
excluded when calculating the TANF portion of the benefit equivalency
standards.
(C)
Spousal
support received by the individual is counted as unearned income when
calculating the wage supplement.
(c) Other spousal support
payments (not covered under subsections (a) or (b) of this section) are counted
as unearned income.
Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.049 & 411.083
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