Guide verification
What we verified in “Child support, alimony and your mortgage application”
This page is the guide’s verification record. Every statement with a rule, a figure or a date appears with the official source behind it, the exact place inside that source and the day we checked it. If a rule changes, we update the guide, this list and the date.
11 checked statements Verified on October 31, 2026 9 official sources
Statements and where we checked them
The statements with rules, figures or dates, with the exact place in the source and the date we checked them.
-
Under Regulation B (12 CFR 1002.5(d)(2)), a lender cannot ask whether part of your income comes from alimony, child support or separate maintenance, unless it tells you that you do not have to reveal that income if you do not want it considered.
-
Under Regulation B (12 CFR 1002.6(b)(5)), if you rely on alimony, child support or separate maintenance, the lender must count those payments as income to the extent they are likely to be consistently made; and (1002.6(b)(3)) it cannot assume your income will drop because you have or will have children.
-
According to Fannie Mae's Selling Guide (B3-3.4-02, October 7, 2026), the lender may count alimony or child support as income only if you disclose it on the application and ask that it be considered; it needs a copy of the divorce decree, separation agreement or other written legal agreement or court decree with the terms; if you are separated without an agreement that sets the payments, proposed or voluntary payments are not counted; it must document that you received full, regular and timely payments for the last six months, with bank statements, canceled checks or other proof; and it must document that the income will continue for at least three years from the application, checking limits such as the children's ages.
-
According to Fannie Mae's Selling Guide, documented child support is nontaxable and may be grossed up: if income is nontaxable and likely to stay that way, the lender should add an amount equal to 25% of that income, or more if the taxes someone with similar income would pay are higher.
-
According to HUD Handbook 4000.1, on an FHA loan the alimony or child support you receive can count as income with a signed copy of the final divorce decree, legal separation agreement, court order or a voluntary payment agreement with proof of receipt; with an order, proof for the last three months is required through bank statement deposits, canceled checks or child support agency documents; with a voluntary agreement, 12 months of canceled checks, deposit slips or tax returns; and the lender must show the income will continue for at least three years.
-
According to HUD Handbook 4000.1, if you received payments consistently for the last three months (with a court order) or six months (with a voluntary agreement), the current payment is used; if not, the average received over the previous two years is used, or over the time you have received it if less than two years; and child support is on the list of nontaxable income, which can be grossed up by up to the greater of 15% or your tax rate, or 15% if you did not have to file a return the previous year.
-
According to Fannie Mae's Selling Guide (B3-6-05), if a divorce decree, separation agreement or other written legal agreement requires you to pay alimony or child support, and those payments must continue for more than ten months, they count as monthly debt; voluntary payments do not need to be counted; the lender must get a copy of the document confirming the amount; and for alimony it may, instead of adding it to your debts, subtract it from your qualifying income.
-
According to HUD Handbook 4000.1, on an FHA loan the child support you pay counts as monthly debt; alimony counts as debt if it was not subtracted from your income; the lender verifies it with the signed divorce decree, separation agreement or other legal order; it asks for pay stubs covering at least 28 consecutive days to see whether you have a garnishment for those payments; and it uses the greater of the amount on the most recent document or the garnishment.
-
According to the IRS, child support is never deductible and is not considered income; and for divorce or separation agreements executed after 2018, the payer of alimony cannot deduct it and the recipient does not include it in gross income.
-
According to the Legal Services Corporation (LSC), it is an independent nonprofit established by Congress to fund civil legal aid for low-income Americans, it funds organizations in every state, the District of Columbia and the territories, and on its website you enter an address or city to find the nearest organization.
-
According to the CFPB, the counseling agencies in its search tool are approved by HUD and offer independent advice, often at little or no cost, on buying a home, renting, defaults, forbearances, foreclosures and credit; you search by ZIP code; and not every agency offers every service.
Sources
Each source on one line: who publishes it, its title, its address and the date we read it.
- 1. CFPB (via Cornell LII) · 12 CFR §1002.5, Rules concerning requests for information (Regulation B) · law.cornell.edu · Accessed October 31, 2026
- 2. CFPB (via Cornell LII) · 12 CFR §1002.6, Rules concerning evaluation of applications (Regulation B) · law.cornell.edu · Accessed October 31, 2026
- 3. Fannie Mae · Selling Guide B3-3.4-02, Alimony, Child Support, Equalization Payments, or Separate Maintenance · selling-guide.fanniemae.com · Accessed October 31, 2026
- 4. Fannie Mae · Selling Guide B3-3.1-01, General Income Information · selling-guide.fanniemae.com · Accessed October 31, 2026
- 5. Fannie Mae · Selling Guide B3-6-05, Monthly Debt Obligations · selling-guide.fanniemae.com · Accessed October 31, 2026
- 6. U.S. Department of Housing and Urban Development (HUD) · Handbook 4000.1, FHA Single Family Housing Policy Handbook · hud.gov · Accessed October 31, 2026
- 7. Internal Revenue Service (IRS) · Topic no. 452, Alimony and separate maintenance · irs.gov · Accessed October 31, 2026
- 8. Legal Services Corporation (LSC) · I Need Legal Help · lsc.gov · Accessed October 31, 2026
- 9. Consumer Financial Protection Bureau (CFPB) · Find a housing counselor · consumerfinance.gov · Accessed October 31, 2026