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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:
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If the alimony or spousal maintenance agreement ... |
Then the payments are... |
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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. |
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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. |
See Determining the Treatment of Alimony for MAGI for instructions.
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Term |
Definition |
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Alimony or Spousal Maintenance Payments |
Court ordered support amount paid to a legally separated or divorced spouse. |
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MAGI programs |
Means any of the following programs:
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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.
This requirement applies to the following programs:
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Program |
Legal Authorities |
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ALTCS SSI-MAO Medicare Savings Program Freedom to Work |
42 USC 1382a(a)(2)(E) 20 CFR 416.1121(b) R9-22-1909 |
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Adult Caretaker Relative Pregnant Woman Child KidsCare |
26 CFR 1.61-10 42 CFR 435.603 42 CFR 457.10, 300, 301 and 315 |