Where a valid court order of support exists, Respondent must increase a nursing home community spouse’s monthly income allowance by the amount of the ordered support.

Topic: Medicaid Eligibility, Decided by Judge Schroer 
Docket Number: ******* , Decision Date: 2017-03-13 
Attachment: Click here to download the decision. 

When determining the amount a nursing home resident must pay each month toward the costs of care in a nursing facility, if the resident has a community spouse and a valid court order of support against the resident exists, DFCS must first deduct the amount of that order from the resident’s monthly income.  If the community spouse’s monthly income, including the support order, is over the MMMNA, DFCS must raise the MMMNA in accordance with 42 U.S.C. § 1396r-5(d)(5).