410.395—Contributions and support.
(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 his own property, or the use thereof, or by the use of his 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 wife receives, and uses for her support, income from her services or property and such income, under applicable State law, is the community property of herself and the miner, no part of such income is a contribution by the miner to his wife's support regardless of any legal interest the miner may have therein. However, when a wife receives, and uses for her support, income from the services and the property of the miner and, under applicable State law, such income is community property, all of such income is considered to be a contribution by the miner to his wife's support.
(e)
Court order for support defined. References to support orders in §§ 410.330 (f)(1), 410.350(c), and 410.360(b) mean 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 (see §§ 410.351 (b) and 410.361(b)) means an agreement signed by the miner providing for substantial contributions by him 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 wife (see § 410.351(a) ), or of a surviving divorced wife (see § 410.361 (a) ), at the specified time or for the specified period, and that the amount of such contributions equaled 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 on the miner for support as used in § 410.380(b), means that such miner made regular contributions to the support of his parent, brother, or sister, as the case may be, and that the amount of such contributions at least equaled the total cost of such individual's support.