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My father is currently in a nursing home and is on Medicaid. In my Mom and Dad's divorce decree, my Dad was ordered to pay alimony to my Mom for the rest of his life in the sum of $1000/mo. When my Dad was approved for Medicaid, they would not take the alimony into account. Now my Mom is suing to get half of his pension before it comes to him. This would leave my Dad $1000 short on his nursing home payment. Is there any way to re-file Medicaid to get their payment increased? Can the nursing home kick him out if he short pays his bill each month by $1000? What are the chances my Mom will win this lawsuit?
State/Country of Question: Ohio Already Tried: I have asked the Family Services people who I dealt with originally on my Dad's Medicaid and they were pretty unsure if we could re-file for additional Medicaid. They were also unsure if Medicaid would take into account the new court order if my Mom won the case. The nursing home is not open to us paying them $1000 less a month.
Thank you for contacting our JA team for guidance.
Yes. The nursing home can force him to leave if he cannot pay. However, your father's attorney needs to file a motion to terminate the order of support so that your father no longer owes the $1,000/month to your mother. If your mother receives 1/2 of his pension benefits directly and he receives only the other 1/2, medicaid must take this into consideration and increase his benefits. So, it does not matter really if your mother gets 1/2 of his pension paid directly to her as it would no longer be income to him and medicaid would be forced to pick up the difference.
However, the order for spousal support does need to be terminated.
Please let me know if you need additional information.
Best regards XXXXX XXXXX
TG
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