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West Virginia Income Maintenance Manual Chapter 4

West Virginia Income Maintenance Manual Page 126 Chapter 4 Income

4.5.3.E Child Support Excess Payment When the absent parent pays their full court ordered child support and it is more than the amount of the WV WORKS payment, any amount that exceeds the benefit is distributed to the custodial parent by the BCSE. This payment is coded as a monthly excess refund in the eligibility system. When the Worker receives an alert that a payment has been sent to client, he must code the excess payment as unearned income, then determine if the new countable income exceeds the WV WORKS benefit amount as described above. The child support excess payment is coded to the children for whom it is intended. When the countable income exceeds the WV WORKS benefit amount, then the Worker must close the WV WORKS benefit. No disregards or deductions are applied to this payment. Excess Refund Payment Example 1: Ms. Oak’s TANF AG consists of herself and her two children. The Worker receives an alert that a child support excess refund payment has been sent. The Worker checks the eligibility system and the child support excess payment amount is listed as $20 for the month. She has no other income. The $20 does not exceed the WV WORKS benefit amount of $340, so the Worker adds the $20 as unearned income. Following adverse action deadlines, the WV WORKS and SNAP benefits will reduce. Excess Refund Payment Example 2: Ms. Pine’s TANF AG consists of herself and her son. The Worker receives an alert that a child support excess refund payment has been sent. The Worker checks the eligibility system and the child support excess payment amount is listed as $305 for the month. She has no other income. The $305 exceeds the WV WORKS benefit amount of $301, so the Worker closes the WV WORKS AG and reduces the SNAP benefits following adverse action guidelines. The following month, her entire child support payment would be redirected to her.

NOTE: The child support excess payment does not have to be reasonably anticipated to continue in order to be considered as unearned income.