1. (a) If there is a stepparent living in the home and only the parent and the parent's separate children are included in the MFBU, the income deemed available from the stepparent shall be determined as follows:

   1. (1) Combine the stepparent's nonexempt unearned income with the stepparent's gross earned income minus the deduction for work expenses specified in Section 50553.1.

   2. (2) Deduct, from the amount determined in (1), the following amounts:

      1. (A) Amounts actually paid by the stepparent to persons not living in the home but who are claimed as dependents for purposes of determining the stepparent's Federal personal income tax liability.
      2. (B) Voluntary or court-ordered child support and alimony payments made by the stepparent to persons not living in the home.

      3. (C) The maintenance need for the stepparent unit which includes the:

         1. 1. Stepparent.
         2. 2. Mutual children.
         3. 3. Stepparent's children.
   3. (3) The remainder, if any, is income available to the MFBU.

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code; and Section 5, Chapter 1221, Statutes of 1985. Reference: Sections 14005.4, 14005.7 and 14005.16, Welfare and Institutions Code.

History

1. Amendment filed 1-8-81; effective thirtieth day thereafter (Register 81, No. 2).

2. Amendment filed 2-11-82; effective thirtieth day thereafter (Register 82, No. 7).

3. Repealer and new section filed 4-2-82 as an emergency; effective upon filing (Register 82, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-31-82.

4. Certificate of Compliance transmitted to OAL within 120 days and filed 8-10-82 (Register 82, No. 33).

5. Amendment filed 12-2-85 as an emergency; effective upon filing (Register 85, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-1-86.

6. Amendment refiled 3-28-86 as an emergency; effective upon filing (Register 86, No. 13). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-28-86.

7. Reinstatement of section as it existed prior to emergency amendment filed 3-28-86 by operation of Government Code Section 11346.1(f) (Register 86, No. 23).