This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Spousal Support Form For Medicaid In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-00003BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Just Say No, or spousal refusal, is applicable in situations where one spouse is living in a facility (either an assisted living facility or nursing home) and the other spouse resides in the community at home (“community spouse”).
Florida does not allow an applicant to own countable assets worth more than $2,000. However, if the person's income is under $856 a month, then the person cannot own assets more than $5,000.00. The Well Spouse can retain up to $148,620.00 (Jan 2023) in individual or joint assets in addition to exempt assets.
For Medicaid eligibility purposes, nearly any income from any source that a Medicaid applicant receives is counted towards the limit. This includes employment wages, alimony payments, pension payments, Social Security Disability Income, Social Security Income, IRA withdrawals, and stock dividends.
Once you are married, your income and access to health insurance will contribute to her eligibility. If the PHE is still in effect at the time, she will remain eligible for Medicaid. She would likely become ineligible once she is married and the PHE has ended.
3 Ways to Prevent Medicaid Recovery Put your house in an irrevocable trust. In Florida, Medicaid can only go after assets that pass through Probate. Set up a life estate. Use a Lady Bird deed.
All personal property is exempt from The Asset Test, except for jewelry or art that is deemed collectible. Retirement accounts are also exempt in Florida. Retirement accounts include 401k, IRAs, and 403bs, and are exempt as long as the owner of the account takes regular and periodic income distributions.
The asset limit for a married applicant in most states is $3,000. Medicaid considers all assets of a married couple to be jointly owned. So, for a married couple with both spouses applying for Medicaid Long Term Care, all of their countable assets would be counted against their asset limit for both applicants.
For agreements signed before 2019, the recipient must report alimony on their tax returns as income, and the payer can deduct payments on their taxes. However, a new law applicable to divorces finalized on or after Jan. 1, 2019, no longer treats alimony as income, meaning the payer can no longer deduct it.
Some income that Medicaid used to consider part of household income is no longer counted, such as child support received, veterans' benefits, workers' compensation, gifts and inheritances, and Temporary Assistance for Needy Families (TANF) and SSI payments.
More info
The Department will work to notify and communicate to all current Medicaid recipients their redetermination timeframes and next steps. If you need help in completing this application or need interpreter services, please contact ACCESS Florida at 1-BGG-762-17.Filling out this application doesn't mean you have to buy health coverage. Get help with this application. Spousal refusal acts as a loophole, allowing the non-applicant spouse to refuse to pay for care and allowing the applicant spouse to claim benefits anyway. For assistance, call the Access Florida Customer Call Center toll free number at (850) 3004323. The applicant must also fill out a spousal refusal form when submitting the Medicaid application. ― Accumulated medical bills. After completing this form, you should sign the form. You should then file this document with the clerk of the circuit court in the county where the petition.