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West Virginia Income Maintenance Manual Chapter 18

West Virginia Income Maintenance Manual Page 44 Chapter 18 WV WORKS Activities/Requirements

Spousal support must be redirected when: • The spousal support (alimony or separate maintenance) is court-ordered; and • It is paid by the absent parent to the parent who is the caretaker relative. All policies and procedures applicable to child support which must be redirected also apply to spousal support which must be redirected to BCSE. See Chapter 4 for counting redirected support. Spousal support is not redirected when any of the following conditions exist: • The parent is not included in the payment; • The caretaker relative receiving the spousal support is not the parent of the children receiving WV WORKS; • The parent who is the caretaker relative is receiving spousal support from a spouse who is not the parent of the children receiving cash assistance; or • The spousal support is not court-ordered. Spousal support which is not required to be redirected is considered unearned income and is counted as income.

If the absent parent is ordered by the court to make child support payments in the form of in- kind payments, such as provision of food or clothing, or third-party payments, such as direct payment of the rent or mortgage, the payment cannot be redirected. If the court order specifies that part of the child support obligations is to be paid in cash and part by third-party or in-kind method, the portion paid in cash must be redirected. A child may receive statutory benefits such as Retirement, Survivors and Disability Insurance (RSDI) or Veteran’s Administration (VA) benefits, on the basis of his own entitlement, as a dependent of the absent parent who is the primary beneficiary. This benefit amount is not considered child support and is not redirected even though the court order may refer to such income as a source of support to the child, or even as child support.