122.45 Counting Sponsor Income

If the sponsor lives with their spouse, the CAO must count the income of the sponsor and the spouse.

If the deemed income of the sponsor plus the countable net income of the noncitizen are more than the noncitizen’s share of the monthly assistance payment, the noncitizen is ineligible.

The CAO must compute the income deemed to the noncitizen’s budget group as follows:

Determine the gross monthly earned income of the sponsor and the sponsor's spouse if they live together.

Deduct 20%, up to a maximum of $175, from the total gross monthly earned income.

Add the monthly unearned income less allowable deductions. See Chapter 160 .

Deduct the standard of need for the sponsor and those dependents in the sponsor's household who are claimed by the sponsor on their federal income tax. See Chapter 168 for the applicable standard of need.

Deduct the amount verified as actually paid by the sponsor to persons not living in the common residence whom the sponsor claims or could claim as dependents on their federal income tax.

Deduct verified payments of alimony or child support paid to persons not living in the common residence.

Deem the remaining income, even if the payment is not actually made.

Example: Mr. Adams and his spouse sponsored a noncitizen a year ago. They have two dependent children. Mr. Adams receives $650 a month in Social Security benefits. Mrs. Adams has earned income of $650 a month. Mr. Adams verified giving $200 a month to their dependent child, who is attending college.

Sponsor's earned income $ 650 20% disregard -130 $ 520 Sponsor's unearned income +650 Total $1,170 Standard of Need for 4 -749 Dependent payment -200 Deemed available to noncitizen $ 221

If the amount deemed from the sponsor is over the noncitizen’s share of the allowance, the CAO must determine whether the sponsor will contribute to the other unsponsored family members.

If the sponsor agrees to contribute an amount over the noncitizen’s needs, the noncitizen remains eligible and is included in the budget group. The amount contributed must be counted as unearned income for the budget group.

If the amount deemed is shared by more than one noncitizen, the amount must be divided equally among the noncitizens.