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SI 00830.418: Alimony and Spousal Support

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  • Effective Dates: 10/22/2007 - Present
  • Effective Dates: 10/31/2017 - Present
  • TN 91 (01-03)
  • TN 124 (10-17)
  • SI 00830.418 Alimony and Spousal Support
  • Citations:
  • Citations: Social Security Act, as amended, section 1612(a)(2)(E); 20 CFR 416.1121(b)
  • Social Security Act, as amended, section 1612(a)(2)(E);
  • A. Definition of alimony and spousal support
  • 20 CFR 416.1121(b)
  • Alimony or spousal support (sometimes called “maintenance”) is an allowance for support made by a court from the funds of one spouse to the other spouse in connection with a suit for separation or divorce.
  • A. Definition - Alimony/Spousal Support
  • * Alimony or spousal support (sometimes called “maintenance”) is an allowance for support made by a court from the funds of one spouse to the other spouse in connection with a suit for separation or divorce.
  • * Alimony and spousal support payments are cash or in-kind contributions to meet some or all of a person's needs for food and shelter.
  • * Payments may be court-ordered or voluntary.
  • Alimony and spousal support payments are cash or in-kind contributions to meet some or all of a person's needs for food and shelter. Payments may be court-ordered or voluntary.
  • B. Policy
  • 1. Treatment of Alimony/Spousal Support As Income
  • B. Policy for alimony and spousal support
  • Alimony and spousal support payments are unearned income to the spouse.
  • 2. Alimony/Spousal Support and Deeming
  • 1. Alimony and spousal support and deeming
  • Exclude the income used to make court-ordered or Title IV-D support payments by an ineligible spouse, ineligible parent, ineligible child, or eligible alien from the deemor's income.
  • For information on deeming income used to comply with a Court Order for support, see SI 01320.145.
  • The income used to make court-ordered or title IV-D support payments by an ineligible spouse, ineligible parent, ineligible child, or eligible alien is excluded from the deemor's income. (See SI 01320.145.)
  • C. Procedure to process evidence and verify alimony and spousal support
  • C. Procedure - Verification and Evidence
  • 1. Verify alimony and spousal support
  • 1. Verification
  • To verify alimony and spousal support:
  • * Verify the amount and frequency of alimony or spousal support payments.
  • * Accept the individual's allegation of relationship of the payer to the payee unless you doubt the allegation.
  • 2. Evidence
  • 2. Evidence of alimony and spousal support
  • Evidence includes:
  • Accept as evidence of alimony and spousal support:
  • * Court records;
  • * Records of the agency through which the payments are made;
  • * Records from the agency through which the payments are made;
  • * Official documents in the individual's possession (e.g., legal documents) that establish the amount and frequency of the support;
  • * Report of contact with the source of the payment containing the amount and frequency of the alimony or spousal support.
  • * Report of contact with the source of the payment that contains the amount and frequency of the alimony or spousal support.
  • If none of the listed evidence is available, accept the individual's signed allegation over a penalty clause. Document in REMARKS or on the EVID screen the reason for not obtaining the evidence (e.g., the documentation does not exist, the court or agency will not release the information, or the source refused to cooperate).
  • D. Procedure for systems coding the Supplemental Security Income (SSI) claim system (i.e., MSSICS/SSI Claim)
  • 1. SSI claim system
  • On the SSI claim system, select “Yes” for Alimony or Spousal Support on the Income Selection page. The Income Selection page takes you to the Alimony or Spousal Support page.
  • On the Alimony or Spousal Support page, select the appropriate alimony or spousal support “Type” on the drop-down list:
  • * Court ordered alimony or support;
  • * Spousal impoverishment;
  • * Voluntary alimony or support; or
  • * Unknown.
  • Enter the fields on the Alimony or Spousal Support page:
  • * Source of income support in the “Source” field. If the source of alimony or spousal support is unknown, select the “Unknown.”
  • * Alimony or Spousal Support identification number of the person providing the support in the “ID” field.
  • * Address of the person providing the support in the “address, city/town, state/territory, and zip code” fields. If the address is unknown, select “Unknown.”
  • * Contact information
  • * Phone number of the person providing the support in the “Phone” field.
  • * Monthly Values of alleged or verified amount of alimony or spousal support:
  • Date From
  • Date To
  • Alleged Amount
  • Verified Amount
  • Court Ordered or IV-D Support Amount
  • Other Deduction Amount
  • Unknown
  • Countable Amount
  • Actions
  • * Other deduction amount reason in the “Other deduction amount reason” text box.
  • The Supplemental Security Income (SSI) claim system posts this income as type “SS” unearned income to the SSR.
  • For more information the ALIMONY or SPOUSAL SUPPORT page, see MS INTRANETSSI 014.023.
  • 2. Non-Supplemental Security Income (SSI) claim system
  • If none of the above evidence is available, accept the individual's signed allegation over a penalty clause. Document in REMARKS or on the EVID screen the reason evidence was not obtained (e.g., the documentation does not exist, the court or agency will not release the information, or the source refused to cooperate).
  • Post alimony or spousal support as type “SS” unearned income in the UM field of an SSA-1719B (SSI Posteligibility Data Input) or SSA-450-SI (SSI Data Input and Determination).
  • D. Procedure - Systems Coding
  • E. References
  • 1. MSSICS Claims
  • SI 00810.030 When Income Is Counted
  • Post alimony or spousal support on the Alimony (IALI) screen (MSOM MSSICS 015.022). MSSICS will post this income as type “SS” unearned income to the SSR.
  • MS INTRANETSSI 014.003 Income Selection
  • 2. Non-MSSICS Claims
  • MS INTRANETSSI 014.022 Alimony and Spousal Support List
  • Post alimony or spousal support as type “SS” unearned income in the UM field of an SSA-1719B or SSA-450-SI.
  • MS INTRANETSSI 014.023 Alimony or Spousal Support
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