MTR OF GOMPRECHT v. Gomprecht

OPINION OF THE COURT

Smith, J.

At the time of her petition for support from her husband, brought pursuant to Family Court Act § 412, petitioner’s husband was institutionalized and receiving Medicaid. The issue here is whether in an action for spousal support by a community spouse against an institutionalized spouse, the Family Court is free to apply the prior standard of living or life-style standard rather than the minimum monthly needs allowance standard under Social Services Law § 366-c. We conclude that the appropriate standard is the minimum monthly needs allowance and, accordingly,…