2013 WL 1789995
Del. Fm. Ct.2013Background
- Divorce decree entered Feb 3, 2010; Court retains jurisdiction over alimony for modification.
- Husband has health problems; GAL appointed for husband on July 8, 2010.
- Alimony ordered at $340/month on Dec 13, 2010.
- Husband admitted to Millcroft LTC facility Nov 2011; Medicaid patient-pay determined by DSS at $2,956.96/month as of Feb 1, 2012.
- DSS fair hearing (Apr 14, 2012) affirmed inclusion of alimony in available income for patient-pay calculation; husband argued deduction should apply.
- As of Jan 1, 2013, patient-pay liability ~$2,982.06; health status and income still constrain ability to pay alimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether real and substantial change in circumstances justifies terminating alimony | Husband argues LTC patient-pay leaves no funds for alimony | Wife argues alimony should continue as ordered | Yes; alimony terminated due to shift in financial burden from husband’s LTC costs |
| Whether Delaware Medicaid LTC available income excludes alimony payments | DSS determination that alimony is included in available income is appropriate | Delaware standards allow deduction of alimony from available income | No explicit Delaware exemption for alimony; available income includes alimony absent explicit deduction |
| Whether court can modify alimony based on changed circumstances | Real and substantial change since 2010 warrants modification | Alimony should remain as determined by original order | Yes; alimony terminated and arrears eliminated corresponding to period after cessation of payments. |
Key Cases Cited
- Peura v. Mala, 977 F.2d 484 (9th Cir. 1992) (supporting that a party may seek reduction in support obligations in state court)
- Mulder v. South Dakota Dep’t. of Soc. Servs., 675 N.W.2d 212 (S.D. 2004) (discusses distinctions between eligibility and extent of benefits in Medicaid context)
- Ussery v. Kansas Dep’t. of Soc. and Rehab. Servs., 899 P.2d 461 (Kan. 1995) (notes states may use different methodologies for eligibility vs. extent of benefits)
- Emerson v. Steffen, 959 F.2d 119 (8th Cir. 1992) (cites permissibility of defense in Medicaid income determinations)
- Department of Health Services v. Sec’y, of Health & Human Servs., 823 F.2d 323 (9th Cir. 1987) (relevance of federal standards in Medicaid income calculations)