J.P. v. Division of Medical Assistance

The opinion of the court was delivered by

S.L. REISNER, J.A.D.

In this case, we consider whether alimony constitutes income received by a Medicaid recipient, where the alimony is paid to a special needs trust created pursuant to a Family Part order as part of divorce proceedings. We conclude it does not. Therefore, the State Medicaid program cannot reduce its contribution to the recipient’s nursing home costs by the amount of alimony her ex-husband pays to the special needs trust.

I

Due to a severe physical disability, petitioner J.P. has been living in a nursing home since November 14, 2000. At…