Alimony Payments
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This section includes information about support income received as alimony or spousal maintenance payments.
Policy
Alimony payments, also known as spousal maintenance, are countable and considered unearned income of the participant for whom the support is court ordered to be paid.
Countable income is used to determine an income budget. (See Income Budgeting to see how FAA determines the income budget.) FAA needs to know about income that is both countable and not countable to determine whether a budgetary unit’s expenses are exceeding their income. (See Income Eligibility for more information about how FAA uses countable and not countable income.)
Spousal maintenance and alimony payments are court-ordered support amounts, paid by a legally divorced or separated person, to the spouse(g). Spousal maintenance and alimony payments are countable when received by a participant in the budgetary unit.
Support income is any payment ordered by the court and received by the participant, from any of the following:
●Current or prior spouse
●An absent parent
●The Clerk of the Court in Arizona or another state
●Any state’s centralized support payment processing center
●A private collection agency
●The Division of Child Support Services (DCSS)
NOTE A spousal or cash medical support payment that is received by a participant but not court ordered is countable as a gift unless the payment is a recurring arrearage payment.
Verification
The participant has the primary responsibility for providing verification. (See Participant Responsibilities – Providing Verification for additional policy.)
For NA, all of the following income is required to be verified before eligibility is determined:
●Reported on a new application, during the interview of a new application, or changes reported before the eligibility determination of a new application.
●Changes after an eligibility determination of a new application (e.g., a renewal application, mid approval contact, etc.) and any of the following apply:
The source of the income has changed.
The income is questionable(g) or unclear(g).
The reported income amount has changed by $51 or more.
The previous verification in the case file is more than 59 calendar days old.
For CA, all income is required to be verified before determining eligibility.
Examples of verification that can be used for Spousal Maintenance or Alimony payments include, and are not limited to, any of the following:
●Court records
●Pay records from the Clerk of the Court in Arizona or another state
●Division of Child Support Services (DCSS) documents showing the amount of support required to be paid
●SSA or SSI pay history from the HEAplus State Online Query Internet (SOLQI) or the SSA award letter when the support is taken out of the benefit
●Copies of cancelled checks or money order receipts made out to the participant
●Receipts and pay histories from any state’s centralized support payment processing center
●Paycheck stub with garnishment amount
●Written statement from a person not in the budgetary unit to whom payments are made
Legal Authorities
AAC R6-12-504
7 CFR 273.9(c)(19)(vi)
7 CFR 273.9(b)(2)(iii)
last revised 10/02/2023