G Alimony and Spousal Maintenance

 

 

Revised 05/13/2020

Policy

Alimony or spousal maintenance payments are counted as income for:

·         ALTCS

·         SSI-MAO

·         MSP

For the MAGI programs, see the table below to determine when to count alimony or spousal maintenance payments:

If the alimony or spousal maintenance agreement ...

Then the payments are...

Is created on or before 12/31/2018;

AND

Has NOT been modified after 12/31/2018 to specifically state that the Tax Cuts and Jobs Act treatment of spousal support now applies.

Counted as unearned income.

Is created after 12/31/2018;

 

OR

 

Has been modified after 12/31/2018 to specifically state that the Tax Cuts and Jobs Act treatment of spousal support now applies.

 Excluded.

 

Definitions

Term

Definition

Alimony or Spousal Maintenance Payments

Court ordered support amount paid to a legally separated or divorced spouse.

MAGI programs

Means any of the following programs:

·          Adult;

·         Caretaker Relative, including TMA and Continuous Coverage;

·         Pregnant Woman;

·         Child; and

·         KidsCare

 

Proof

Income is first obtained through the Federal and State Data Services Hubs.  If needed, other proof includes:

·         Divorce or separation documents;

·         Copies of check stubs;

·         Collateral contact with the Clerk of the Court; or

·         Signed statement from the individual providing the income.

 

Legal Authority

This requirement applies to the following programs:

Program

Legal Authorities

ALTCS

SSI-MAO

Medicare Savings Program

Freedom to Work

42 USC 1382a(a)(2)(E)

20 CFR 416.1121(b)

R9-22-1909

Adult

Caretaker Relative

Pregnant Woman

Child

KidsCare

26 CFR 1.61-10

42 CFR 435.603

42 CFR 457.10, 300, 301 and 315