J.P. v. Division of Medical Assistance and Health Services

J.P. v. Division of Medical Assistance and Health Services, 392 N.J.Super. 295, 920 A.2d 707 (N.J.Super.A.D.,2007).

After a supplemental needs trust was created for a physically disabled wife and husband was ordered in divorce decree to pay $1550 per month in alimony to trust, county board of social services notified wife that the alimony would be considered income, for Medicaid purposes, to be paid over to the nursing facility where she resided. The Division of Medical Assistance and Health Services (DMAHS) determined that the alimony was income. Wife appealed.  The Superior Court, Appellate Division, S.L. Reisner, J.A.D., held that alimony received by a supplemental needs trust pursuant to divorce decree did not constitute income, for Medicaid purposes.

Attorney: Eugene Rosner, Esq.

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