My husband's been in a hospital since 5/3 sadly medical error has caused grave issues.
He was sent to nursing rehab 6/2, they say after a certain point his Medicare will become theirs. With that said he has a 50% garnishment for back child support it is not child support but the x reported it as such have not been able to get this corrected. So will they take ALL hers and ours? His income is essential to our home overhead so what am I to do?
Next question, after he passes will her garnishment continue? Will it come from my survivor benefits? Will the fed gov continue to pay her? Their divorce says even after death. (HOW IS THAT POSSIBLE)?
It's a settlement agreement on their business not child support
One of the things that SHOULD be corrected is what the garnishment is really for.
If it is NOT for back child support what is it for? That should be corrected as it can effect all sorts of things.
I quoted what I found on the internet concerning survivor benefits. You will be getting half of what he now gets. To me, his half can be garnished until the back child support is paid. I will assume she will not get what she did before. Only half of what you are getting of his half. The order says 50%.
You need to talk to SS or a lawyer. I am just making assumptions here. Like I said, if the children are now over 18, she may no longer be able to collect. They will have to sue as adults.
I also explained that you can become the Community spouse and as such will be given, from his SS, what u need to live on. That could mean his whole SS. Again, you need to talk to a lawyer. Or call the Medicaid office. If the NH helps you with the application, make sure they are aware you will be the Community Spouse. Keep on top of that application. Make sure you know who the caseworker is and touch base with them. Or just contact them prior and see if you can sit down with them. You have a complicated problem and I wouldn't want the NH dealing with it.
I am assuming here that your husbands health is such that you cannot bring him home after the 100 days?
TY
When in rehab, Medicare pays the first 20 days 100%. The 21st to 100th, 50%. That 50% balance is paid by the patient unless covered by their supplimental. Sometimes it isn't. Those 100 days are not guaranteed. Meaning if Medicare finds there is no progress or a plateau has been met, they will stop paying for rehab. At this point the person is discharged back to their home. If Rehab feels that sending home is an unsafe discharge then the person is placed in the Nursing Home section. When this happens, its now private pay. If the person has money no problem. If they need Medicaid, then yes the NH requires that SS be paid to them because Medicaid requires it. It becomes the person needing care contribution to their care. Pension too.
If the person comes home and the appropriate care has been set up then you have no problems. Only if your husband needs 24/7 care that you can't give him, does he need NH care.
What you may need to do, is speak to a lawyer well versed in Medicaid. If you have assets, Medicaid allows them to be split. Your husbands split being spent down and then Medicaid applied for. You should get enough of your monthly income to live on. Your SS is yours as are any pensions you have, I would think. Its his SS that is in question. 50% of his SS may go to his care or you if needed to pay bills but from what I just read, she will still be entitled to her 50%. You will become a Community Spouse staying in the home and having one car.
"Yes. Social Security retirement, disability and survivor benefits can be withheld to enforce court-ordered child support payments and alimony, and repay federal student loans and delinquent taxes. But Supplemental Security Income (SSI) cannot be garnished under any circumstances."
So it does look like survivor benefits can be garnished. Depending on what you receive in SS you may be entitled to half of what your husband has been receiving. So if he gets 2000 a month, and you get 1000, you are entitled to half of his 2k. Bringing you up to 2k. But I would think she is only entitled to half of his 1k that u receive, not the whole 1k. Because they can't garnish your earnings. So, you will get 1500 instead of 2k. And this is if you have been married to him over ten years.
What I posted is just basically my thoughts, thats why you need to see, probably, an elder lawyer. Someone versed in both SS and Medicaid law.
And if she gets SS based on being married to your husband, don't think she will lose any of hers. Any calculations will probably be made on what he receives in SS.
So my Survivor benefits will be garnished ? Its not my debt nor is it or was it ever CS. Its the big lie CA enforced that TX refused and threw out. i am not receiving SS or survivor benefit's at this time.
Here's a link to get you started.
https://www.medicaid.gov/medicaid/eligibility/spousal-impoverishment/index.html