Arrearage Computation and Spousal Support

This article explains spousal support procedures and how that translates to the Arrearage Computation.

1. Current spousal support is assigned to the State when the custodial person (CP) certifies for Temporary Assistance for Needy Families (TANF) (remember, spousal support arrearages no longer assign effective October 1, 2009).
   Spousal support is not assigned to the state if the children are placed in foster care (both IV-E and Non IV-E).

   Note: The A/C has options for “spousal support assigned” and “spousal support private” on the “SetAmtOwed” tab. Receipts applied to assigned spousal (C) will credit to “spousal assigned” and all other receipts will credit to “spousal private.”

   If there is a case with a conditionally assigned spousal support time period, these months should be entered as “spousal support private.” Any conditionally assigned spousal balances remaining as of the date of TANF certification must be split manually in OSIS.

   This should be a very rare occurrence because spousal support arrearages no longer assign effective October 1, 2009.

2. When the children are no longer in the CP’s home (e.g. with a new CP, the non-custodial person (NCP), in foster care) spousal support will not be enforced or collected. Spousal balances, both current and past due will be manually removed, except for spousal balances assigned to the State (C).
3. If the children return to the CP’s home, spousal support is added back to OSIS when an affidavit is returned that addresses spousal support balances (as long as the children are not emancipated).
4. When the children emancipate, spousal support will not be enforced or collected. Spousal balances, both current and past due will be manually removed, except for spousal balances assigned to the State (C), see Policy 340:25-5-200.2.

See CSQuest article Arrearage Computation Legal Authorities.