4-007.01F Determining the Maintenance Allowance
469 NAC 4-007.01F
To determine the amount of income from the alternate care spouse that may be allocated to the community spouse and other family members, the worker -
1. Takes the family maintenance need standard;
2. Adds the spousal maintenance need standard; and
3. Subtracts the gross income of the community spouse. SSI is included. If the community spouse has self-employment income, the worker uses adjusted gross income (after deducting the cost of operation).
This is calculated on side 2 of Form DA-4M.
The spousal maintenance allowance must not exceed the maximum in 469-000-203. However, if a court has ordered the client to make support payments to the spouse in excess of the maximum, the court order takes precedence over the maximum.
The worker shall notify the couple on Form IM-8 of the actual amount of the maintenance allowance, if any, which is being deducted from the alternate care spouse's income.
The couple may appeal the maintenance allowance. To support an increase in the maintenance allowance, either spouse must establish that the community spouse needs income above the maintenance allowance because of exceptional circumstances resulting in significant financial duress. If the couple wins their appeal, the community spouse may reserve more than the maximum maintenance allowance.