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My ex husband may need to go on Medicaid to cover his nursing home expenses beyond what his long term care insurance covers. Can I continue to receive my court-ordered maintenance from his social security benefit if he is on Medicaid? If I lose my monthly maintenance my monthly income will be my ss benefit of $700. His ss currently is his only source of income.

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Just heard on the news tonight (Fla) that here they are looking to pass legislation to limit how long alimony can be granted, based on both income and length of the marriage. It was also mentioned that many other states are following suit and that it would be retroactive, making it impossible for anyone to get 'lifetime' spousal support.
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Thank you for some rational assistance with my original question. Medicaid is no longer an issue. SS benefits can be used to pay maintenance. If my ex spouse chooses not to do so voluntarily, I can request the Wisconsin Circuit Court to modify its original maintenance order so that his ss benefis can be garnisheed. The original maintenance was awarded on the basis of our 40+ yr. marriage and when we both were over 65.
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live in texas.and my ex also live in texas.
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Hope you do not live in Massachusetts. The Alimony Reform Act of 2011 ends alimony at retiremnt age of the payer.
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my ex gets medicare not medicaid.we were married almost 7 years.got divorce in 1973.like i said he gets s.s..plus retirement checks,and has 2 part tiime jobs. i heard,that social security could help,if an ex,never paid child support.even if the children are all grown.
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Let me just say that a long time ago, a good friend of mine and her husband, who then made in the mid-200's and was the dad of their two minor children, were divorced. He had a record of making a very good income for years. Her attorney brother advised her to get what she could up front and forget about alimony/maintenance. He could see, as many of us could, that this guy would emotionally deconstruct after they parted, even though he was the one who at 42 found himself a 21 year old aerobics instructor. Yes, he did.
Anyway, without the support of his ex, my friend, and the structure of his family he lost his job and never was quite the earner he used to be. Eventually his abuse of substances and a heart problem that led to two heart attacks caused him to go down a path of less and less income. Today he is in his 60's and has nothing. For a time he lived in his car! (The young GF was gone once she figured out the ex would get what she was due).
My friend took her brother's advice and she never was 'tethered' to her ex financially because she got what she was entitled to when he had the income. The courts can and will adjust maintenance payments if the money isn't there and the ex who was obligated can no longer meet those payments. It's hard to hear but you need to move on.
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Of course you need a lawyer for legal advice but how could he have any money to speak of if he is on Medicaid? Were you married less than 10 years and then divorced? How could he have been ordered to pay you maintenance (alimony) if he has nothing? Those things are usually based on income resources. You cannot 'bleed an anemic turnip' as the saying goes. I would find out from social security what you are entitled to and then find out what your resources are according to your ability to work even part time, income related rent controlled places to live, your eligibility to get Medicare yourself, etc. Focusing on him and his obviously dwindled resources will emotionally bleed you dry as well as waste valuable time in realistically finding out what's out there for you.
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Cargi - this is probably the wrong forum for that type of issue (child support). I do know that if there was outstanding child support with legal done on it that is still within the statute of limitations, that they cannot get a passport issued or renewed and they can be detained when coming back through customs if it's in the system and still valid.
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WHAT if that ex;was order to pay child support and never paid a cent. can you get any funds or payments from him?he is 68.,gets his s.s. plus has a job, of course our kids are all adults.but like i said,he never paid a cent
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For spouse's& ex-spouses there are whole other issues with Medicaid - like how to deal with income if she never worked or has limited income and her income to live on is dependent on his SS &/or retirement or a court-ordered payment (like alimony) and she need's to get MMMNA - minimum monthly maintenance needs allowance (say that 3 times fast!) paid to her ahead of the NH getting paid.

MMMNA issues are all sticky, you'll likely need someone to work with you in figuring that out like an elder care attorney. The MMMNA is based on your state's AVERAGE and seem to be on the low side and often the still living in the community spouse or ex-spouse (that would be you) will have to do an appeal to the state for more MMMNA or get a court order for spousal support to get more monthly support. If you were awarded the marital home and he was awarded the mortgage (you go girl!), you really have to be proactive in getting the order done before Medicaid gets involved - you're goal it to have his income fully diverted to pay for the mortgage, less whatever is your states personal needs allowance for him at the NH ($ 35 - 90 a mo). If this is your situation, I'd call your old divorce attorney to see if they can handle this or give you a referral to another attorney.

You know as more & more baby boomers are having dementia or other issues to be needing a NH, there are all these sort of issues which just aren't as clear cut for qualifying as it is for your parents or widowed parent for Medicaid NH.
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I have never heard of a court ordered maintenance payment coming from someone's SS. I do get a small amount from my husband's SS in addition to my SS just because his is so much more than mine. When I get to full retirement age, then I will have the choice to drawn off his higher income record or my own.

Are you getting SS based on your own record? Are you at full retirement age? Can you do like I am and have the additional check based on his record? Are you at full retirement age and can you draw on his record (assuming you were married at least 10 yrs.)? I think you need to contact your Social Security office.

If they have no answers contact, the court that ordered your payment. I would think that your maintenance payment would be looked at as any other debt that needs to be paid and would therefore be continued. But that is just my opinion. Contact an expert.
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