OAR 461-145-0505: Spousal Support

(1) In the OSIP, OSIPM, and QMB programs, spousal support (see OAR 461-001-0000) is counted as unearned income. (2) In the SNAP program: (a) Payments made by the separated or divorced spouse to a third party for the benefit of the financial group are excluded, except that a payment for which there is a legal obligation to pay to a member of the financial group that is made to a third party for shelter expenses of a member of the financial group is counted as unearned income. (b) Spousal support is counted as unearned income. (3) In the REF, REFM, and TANF programs: (a) For individuals not working under a TANF JOBS Plus agreement, if the spousal support is received by the Department or Department of Justice and if continued receipt of the spousal support is reasonably anticipated, the spousal support is -- (A) Counted as unearned income when determining eligibility; and (B) Excluded when determining the REF and TANF benefit amount. (b) For individuals working under a TANF JOBS Plus agreement: (A) Spousal support is excluded in determining countable income. (B) Spousal support is excluded when calculating the TANF portion of the benefit equivalency standards. (C) Spousal support received by the individual is counted as unearned income when calculating the wage supplement. (c) Other spousal support payments (not covered under subsections (a) or (b) of this section) are counted as unearned income.