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7 AAC 100.176. Income of the sponsor of an alien and disqualified alien. (a) In determining the income eligibility of an alien applicant as identified in 7 AAC 100.050 and 7 AAC 100.052, the department will include, in accordance with (b) of this section, the combined total monthly income of an alien’s sponsor and the sponsor’s spouse who is living with the sponsor, if the sponsor

(1) or the sponsor’s spouse are not receiving Family Medicaid or SSI; and

(2) signed an I-864 affidavit of sponsorship form on or after December 19, 1997, or a successor form issued by USCIS. (b) The department will consider as available to the alien the following amount of the combined total monthly income of the sponsor and the sponsor’s spouse:

(1) the total monthly earned income and self-employment income that the sponsor and the sponsor’s spouse received in the month, less 20 percent or $175, whichever is less;

(2) the resulting amount described in (1) of this subsection, reduced by

(A) the need standard described in 7 AAC 100.190(a) for a family of the same size and composition as the sponsor and those people living in the same household as the sponsor who are or could be claimed by the sponsor as dependents to determine the sponsor’s federal personal income tax liability but whose financial needs are not taken into account in making a determination under this chapter;

(B) any amount actually paid by the sponsor or sponsor’s spouse to people not living in the household who are or could be claimed by the sponsor or the sponsor’s spouse as dependents to determine the sponsor’s federal personal income tax liability; and

(C) actual payments of alimony, spousal support, or child support, with respect to individuals not living in the household. (c) The department will treat the income of an alien parent who is disqualified under 7 AAC 100.050(c) in the same way it treats the income of a stepparent under 7 AAC 100.178. (Eff. 7/20/2007, Register 183; am 1/1/2011, Register 196) Statutory Authority: Authority: AS 47.05.010 AS 47.07.020 AS 47.07.040