California Department of Social Services - State Hearings Division
Notes from the Training Bureau - July 3, 2002

Reference: 7 Code of Federal Regulations (CFR) 273.9(d); MPP §63-502.38

Federal Regulations at 7 CFR 273.9(d) specify that legally obligated child support payments paid by a household member to or for a nonhousehold member are deductible. A deduction is allowable for child support arrearages. Alimony or spousal support payments to or for a nonhousehold member are not deductible.

Legally obligated child support arrearage payments made by a food stamp household member such as the father, to someone outside the home such as the local child support agency, are an allowable deduction even if the child for whom the payment is made is a food stamp household member. If any of the child support funds return to the home, such funds are countable income.

If one household member is making child support arrearage payments to another household member, there is no applicable child support deduction. The child support payment from one household member to another household member is not treated as income to the household.