3-003.01F4 Budgeting the Child Support Payment

475 NAC 3-003.01F4

The amount of the child support deduction is determined by the amount of child support paid by the household. Child support must actually be paid before it can be allowed as a deduction.

If a household has an irregular pattern of paying child support, the worker may use the past payment history in determining the monthly amount used as a child support deduction. If a household has no record of paying child support or a payment record of less than three months, the worker will budget the child support deduction using the best information available.

The amount of the child support deduction would be based on:

1. Legal obligation;

2. Amount of the legal obligation; and

3. Amount actually paid by the household.

The worker would allow the deduction based on:

1. Average of past payment history;

2. Changes in payment history; and

3. Legally obligated amount of child support.

Child support deduction must not be in excess of the legally obligated amount (unless the household is also paying on an arrearage). Documentation must be included in the case file if arrearages are being allowed. If the household has no record of paying child support or a payment record of less than three months, the worker will budget the child support deduction using the best information available.

{11/19/97}