J.P. v. DMAHS


920 A.2d 707 (2007)

392 N.J. Super. 295

J.P., Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, Respondent-Respondent, and Middlesex County Board of Social Services, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 19, 2007.


Attorney(s) appearing for the Case

Eugene Rosner, Clark, argued the cause for appellant (Fink Rosner Ershow-Levenberg, attorneys; Mr. Rosner, on the brief).

Zoé J. McLaughlin, Deputy Attorney General, argued the cause for respondent Division of Medical Assistance and Health Services (Stuart Rabner, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Ms. McLaughlin, on the brief).

Before Judges S.L. REISNER, SELTZER and KING.


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...

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