Section 4305.33. Income to be considered

(a) If the client is 18 years of age or older and the client is not married, the client’s income alone shall be considered the total family income.

(b) If the client is married, the client’s income and the client’s spouse’s income shall be combined to determine the total family income.

(c) If the client is under 18 years of age, the client is not married, and the client is not an emancipated minor, the client’s income that is in excess of the Internal Revenue Service tax threshold, and both parents’ income shall be combined to determine the total family income.

(d) If the client is under 18 years of age, the client is not married, and the client is an emancipated minor, the client’s income alone shall be considered the total family income.

(e) If the parents of an unmarried, nonemancipated client under 18 years of age are separated or divorced and have a legally binding financial agreement, the parents are individually financially responsible in accordance with the terms of that financial agreement. If the client earns more than the Internal Revenue Service tax threshold, the client’s income that is in excess of the Internal Revenue Service tax threshold shall be included in the total family income of the parent who has legal custody of the client. If there is joint custody, the client’s income that is in excess of the IRS tax threshold shall be divided equally and included in the total family income of both parents.

(f) If the parents of an unmarried, nonemancipated client under 18 years of age are separated or divorced and there is no legally binding financial agreement, a separate total family income shall be determined for each parent. If the client earns more than the Internal Revenue Service tax threshold, the client’s income that is in excess of the Internal Revenue Service tax threshold shall be included in the total family income of the parent who has legal custody of the client. If there is joint custody, the client’s income that is in excess of the Internal Revenue Service tax threshold shall be divided equally and included in the total family income of both parents.

(g) Parents who adopt children under the Pennsylvania Adoption Assistance program, § 3140.207 (relating to entitlement to other services and benefits), have no liability for mental health and mental retardation services. The child shall be considered a family of one and liability shall be determined based on the income of the child.

Notation

Cross References

This section cited in 55 Pa. Code § 4305.34 (relating to income not considered).