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MINIMUM MONTHLY MAINTENANCE NEEDS ALLOWANCE INCREASED BY COURT Click here to save article in WinZip.exe format to your PC In
1993, Congress sought to protect a spouse who was living at home (the
community spouse) while the other spouse resided in a nursing home.
It created rules which permitted the at home spouse a certain
amount of monthly income (the MMMNA) and certain liquid assets in addition
to the residence. Of course,
if there were “exceptional circumstances” facing the community spouse,
the community spouse could seek an increase in the MMMNA. An
increase is permitted to alleviate true financial hardship not brought
about by the community spouse. The
idea was protective so that the community spouse could maintain a
reasonable life style. By
regulation, NY has offered some ideas of what may produce a significant
financial hardship-such as, extraordinary medical expenses, repairs to a
residence to maintain habitability. In one case, the community spouse had a
substantial mortgage debt service to pay; travel expenses so that she
could visit with her husband requiring her to use her automobile,
including substantial auto insurance premiums, as opposed to public
transportation; substantial monthly medical expenses for herself; the cost
to pay for certain items for her husband not covered by Medicaid or the
nursing home; tax delinquencies owed to the IRS and NYS.
As a result the magistrate reviewing the petition for an award of
support permitted an increase in the MMMNA and the Family Court Judge
affirmed increase owing to the exceptional circumstances shown.
See 2004 BY Slip Op 50918U; 2004 N.Y. Misc. Lexis 1248, August 19,
2004. |
