1. (a) Fifty dollars per month shall be deducted from the child/spousal support received by AFDC-MN and MI family members, whether provided voluntarily or by court order, when received and due in the current month.

2. (b) Fifty dollar for each month shall be deducted from child support received by AFDC-MN and MI family members for past months if both of the following conditions are met:

   1. (1) The payments for past months are received by the family member in the current month.
   2. (2) The payments were made by the absent parent in the month the payment was due.

3. (c) Child support payments shall be considered to meet the conditions described in (b) only in cases where the absent parent makes payment as described and required in a court order, agreement with the district attorney, voluntary payment schedule, or other such document which establishes a duty to pay child support and includes but is not limited to cases where one of the following conditions is met:

   1. (1) The agreement or court order specifies a payment schedule which requires annual, semi-annual, quarterly or other multiple month payments for reasons other than payment of past due amounts.

   2. (2) Payment is made but not received due to circumstances beyond the control of both the absent parent and the AFDC-MN or MI family member. Such circumstances include, but are not limited to the following:

      1. (A) Payment is made timely to the district attorney or court and not passed on to the AFDC-MN or MI person until a subsequent month.
      2. (B) Payment for each month is made through payroll deduction or garnishment of wages and is not forwarded to the AFDC-MN or MI person until the subsequent month.
4. (d) The provisions of this regulation also apply to eligibility determinations or redeterminations made retroactively to October 1, 1989.

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Sections 14005.4, 14005.7 and 14005.8, Welfare and Institutions Code; and Section 402(a)(8)(A)(vi), Social Security Act (42 U.S.C. Section 602).

History

1. Renumbering and amendment of Section 50524 to Section 50554.5 filed 7-9-87; operative 8-8-87 (Register 87, No. 30).

2. Amendment of subsections (a) and (b), and new subsections (c) and (d) filed 9-28-89 as an emergency; operative 10-1-89 (Register 89, No. 40). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-29-90.

3. Certificate of Compliance as to 9-28-89 order transmitted to OAL 1-26-90 and filed 2-21-90 (Register 90, No. 9). %