Content Last Revised: 1/19/01 ---DISCLAIMER---

20 CFR 725.233 - Support and contributions.

• Section Number: 725.233
• Section Name: Support and contributions.

    (a) Support defined. The term ``support'' includes food, shelter, 
clothing, ordinary medical expenses, and other ordinary and customary 
items for the maintenance of the person supported.
    (b) Contributions defined. The term ``contributions'' refers to 
contributions actually provided by the contributor from such 
individual's property, or the use thereof, or by the use of such 
individual's own credit.
    (c) Regular contributions and substantial contributions defined. 
The terms ``regular contributions'' and ``substantial contributions'' 
mean contributions that are customary and sufficient to constitute a 
material factor in the cost of the individual's support.
    (d) Contributions and community property. When a spouse receives 
and uses for his or her support income from services or property, and 
such income, under applicable State law, is the community property of 
the wife and her husband, no part of such income is a ``contribution'' 
by one spouse to the other's support regardless of the legal interest 
of the donor. However, when a spouse receives and uses for support, 
income from the services and the property of the other spouse and, 
under applicable State law, such income is community property, all of 
such income is considered to be a contribution by the donor to the 
spouse's support.
    (e) Court order for support defined. References to a support order 
in this subpart means any court order, judgment, or decree of a court 
of competent jurisdiction which requires regular contributions that are 
a material factor in the cost of the individual's support and which is 
in effect at the applicable time. If such contributions are required by 
a court order, this condition is met whether or not the contributions 
were actually made.
    (f) Written agreement defined. The term ``written agreement'' in 
the phrase ``substantial contributions pursuant to a written 
agreement'', as used in this subpart means an agreement signed by the 
miner providing for substantial contributions by the miner for the 
individual's support. It must be in effect at the applicable time but 
it need not be legally enforceable.
    (g) One-half support defined. The term ``one-half support'' means 
that the miner made regular contributions, in cash or in kind, to the 
support of a divorced spouse at the specified time or for the specified 
period, and that the amount of such contributions equalled or exceeded 
one-half the total cost of such individual's support at such time or 
during such period.
    (h) Totally dependent for support defined. The term ``totally 
dependent for support'' as used in Sec. 725.225(b) means that the miner 
made regular contributions to the support of the miner's parents, 
brother, or sister, as the case may be, and that the amount of such 
contributions at least equalled the total cost of such individual's 
support.