Should Child Support Arrears Be Counted as Income in Public Housing?

Question from cera, Should Child Support Arrears Be Counted as Income in Public Housing?

Answer from AI:

Understanding Income Calculations in Public Housing

Public Housing Authorities (PHAs) use specific guidelines to determine what counts as income when calculating rent. These guidelines are primarily based on federal regulations set by the U.S. Department of Housing and Urban Development (HUD).

Income Sources and Public Housing

When determining your rent, PHAs consider various sources of income, including:

• Wages and salaries
• Social Security benefits
• Welfare assistance
• Child support payments

However, not all income sources are treated equally. For instance, Supplemental Security Income (SSI) is generally counted as income, but there are specific exclusions and nuances.

Child Support Arrears and Income Calculation

According to HUD regulations, child support payments are typically considered income. However, the situation becomes complex when dealing with child support arrears, especially if the payments are forwarded to someone else, such as your adult son.

Key Points to Consider

1. HUD Guidelines: HUD guidelines generally include child support payments as part of the income calculation. This includes arrears, even if you forward them to your adult son.
2. SSI Exclusions: While SSI may not count certain types of income, HUD’s rules for public housing are different and may still include child support arrears.
3. Documentation: If you can provide documentation showing that the child support arrears are forwarded to your adult son, you may have grounds to request an exclusion. However, this is not guaranteed and depends on the PHA’s interpretation of HUD guidelines.

Steps to Take

If you believe that the child support arrears should not be counted as your income, consider the following steps:

1. Review HUD Guidelines: Familiarize yourself with HUD’s income calculation rules. You can find more information on HUD’s official website. [HUD Income Calculation Guidelines](https://www.hud.gov/program_offices/public_indian_housing/programs/ph/rhiip/phguidebook)
2. Gather Documentation: Collect any documentation that shows the child support arrears are forwarded to your adult son. This could include bank statements, transfer receipts, or written agreements.
3. Contact Your PHA: Reach out to your local Public Housing Authority to discuss your situation. Provide them with the documentation and ask for a review of your income calculation.
4. Seek Legal Advice: If you are unable to resolve the issue with your PHA, consider consulting with a legal professional who specializes in housing law. They can provide personalized advice and help you navigate the complexities of HUD regulations.

When to Consult a Legal Professional

Given the complexities of HUD regulations and the potential impact on your rent calculation, it is advisable to consult with a legal professional if you encounter difficulties. Legal aid organizations in Minnesota can provide assistance, and you can find resources through the [Legal Services State Support](https://www.lawhelpmn.org/) website.

Remember, while general guidelines can provide a framework, each situation is unique, and a legal professional can offer tailored advice based on your specific circumstances.