211.13 Shared Child Custody Situations

SR 13-27 Dated 09/13

Previous Policy

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When two households share custody of a child, and both households request Food Stamp benefits for that child, include the child in the Food Stamp household that first requests Food Stamp benefits for the child.

The household considered to be the “household that first requests Food Stamp benefits for the child” is the first household in which the child is included as a Food Stamp applicant or recipient. Throughout the explanation of this policy, this household will be known as the “current household.” The household which requests Food Stamp benefits for the child after the child has already been included as a member of the current household will be known as the “second household.”

The child remains in the current household, unless all of the following occur:

• the child’s circumstances change and the child now primarily resides in the second household;

• the second household requests Food Stamp benefits for the child; and

• the second household provides verification that the child primarily resides in the second household.

Remove the child from the current household and place the child in the second household when the second household provides a statement:

• indicating the child resides in the second household; and

• that is signed by:

- the casehead of the current household; or

- the child, if that child is at least age 18.

The child must be removed from the current household and placed in the second household within 30 days of the date the District Office receives the statement described above. However, it is best practice to remove the child from the current household and place the child in the second household within 10 days of the date the District Office receives the statement. Processing these cases within a 10-day timeframe will ensure the child does not receive an additional allotment of Food Stamps benefits in the current household after the 30th day has passed due to the passing of any benefit pull down dates.

NOTE: The following policy should only be applied when the second household indicates:

• the current household will not sign a statement regardless of whether the child primarily resides in the second household; or

• the second household is uncertain as to whose household the child is currently included.

When the second household indicates a statement signed by the current household cannot be obtained, the second household may provide sufficient evidence that the child primarily resides in the second household. Sufficient evidence can be any verification that reasonably proves the child resides in the second household the majority of the time, including but not limited to:

• current day care records;

• current school records;

• current medical records; and

• court orders.

NOTE: Court orders should not be the sole basis for this determination. Many times court orders are not followed after they are established. If a court order is provided, the second household must provide verification in addition to the court order to prove the child resides in the second household the majority of the time.

The District Office Supervisor, or an individual designated by the District Office Supervisor, reviews the verification described above to determine if the documents provided do, in fact, reasonably prove the child resides in the second household the majority of the time.

When the verification provided by the second household is determined to reasonably prove that the child resides in the second household the majority of the time, the District Office must:

• following confidentiality guidelines, notify the current household that a second household is claiming that a child who is included in the current household resides in the second household the majority of the time and that if the current household does not take any action, the child will be removed from their household and their Food Stamp benefits may decrease; and

• provide the current household 10 days to send in verification that reasonably proves that the child resides in the current household the majority of the time.

Remove the child from the current household and place the child in the second household when the current household:

• does not provide verification within 10 days of notification; or

• provides verification that does not reasonably prove the child resides in the current household the majority of the time.

The child must be removed from the current household and placed in the second household within 30 days of the date the District Office Supervisor, or an individual designated by the District Office Supervisor, determines the documents provided do, in fact, reasonably prove the child resides in the second household the majority of the time. However, it is best practice to remove the child from the current household and place the child in the second household within 10 days of the date the determination is made. Processing these cases within a 10-day timeframe will ensure the child does not receive an additional allotment of Food Stamps benefits in the current household after the 30th day has passed due to the passing of any benefit pull down dates.

The child remains in the current household when:

• the verification provided by the second household is determined to not reasonably prove that the child resides in the second household the majority of the time;

• the second household fails to provide verification within 10 days of the request; or

• both Food Stamp households provide verification that reasonably proves the child resides in their Food Stamp household the majority of the time.

Special Circumstances for 50/50 Splits Only

The following policy should only be applied in the most extreme circumstances when:

• a court order indicates there is a 50/50 custody split between the two households; and

• the District Office Supervisor, or an individual designated by the District Office Supervisor, has applied the Shared Custody policy above and determined there is an exact 50/50 custody split between the two households.

When two households have an exact 50/50 custody split, include the child in the household who provided more meals to the child over the past six months. Due to the variations in the number of days in a month, six months is standardized at a 26-week period when applying this policy.

Give credit to each household for providing meals when that household has custody of the child during the majority of the mealtime hours, as defined below:

• Breakfast time hours are the hours between 12:00 am and 10:00 am;

• Lunch time hours are the hours between 10:01 am and 3:00 pm; and

• Dinner time hours are the hours between 3:01 pm and 11:59 pm.

Use the parenting plan in the court order to determine which household has custody of the child during mealtime hours. The parenting plan indicates when each household has custody of the child. The hours each parent has custody of the child is compared to the hours laid out above. The parent who has custody of the child for the majority of the mealtime receives credit for that meal. The parent who receives credit for more meals over a 26-week period is considered to have provided more meals to the child over the past 6 months. It is the responsibility of the second household to provide the parenting plan within 10 days of the request.

When the parenting plan indicates which household drops the child off at school, the household who drops the child off at school receives credit for the mealtime hours the child spends at school.

Remove the child from the current household and place the child in the second household when the District Office determines that the parenting plan indicates the second household provided more meals to the child over the past six months.

The child must be removed from the current household and placed in the second household within 30 days of the date the District Office determines that the parenting plan indicates the second household provided more meals to the child over the past six months. However, it is best practice to remove the child from the current household and place the child in the second household within 10 days of the date the determination is made. Processing these cases within a 10-day timeframe will ensure the child does not receive an additional allotment of Food Stamps benefits in the current household after the 30th day has passed due to the passing of any benefit pull down dates.

The child remains in the current household when:

• the second household fails to provide the parenting plan within 10 days of the request;

• the District Office determines that the parenting plan indicates the current household provided more meals to the child over the past six months; or

• the District Office determines that the parenting plan indicates both households provide the same number of meals to the child over the past six months.

References: He-W 756.01, RSA 161:4-a,IV, RSA 167:3-c,I, 7 CFR 273.1(c); 7 CFR 273.3(a)