Forgiving Child Support Arrears to Maintain Adult Child's Medicare Eligibility

[rjordn9]

My question involves a person located in the state of:NC My 24yr old autistic daughter lives in a group home funded largely by Medicaid. Soon I will be getting child support arrears from my ex's Soc Security Retirement benefit. Her Medicaid caseworker insists that we have to count arrears as my daughter's income. If so, she will lose Medicaid and her group home. Any ideas on what I can do?

[rjordn9]

My question involves child support in the State of: NC My 24yr old autistic daughter is going to lose Medicaid eligibility and her group home placement if child support arrears are counted as her income. I'm trying to fight the arrears being "counted against" her, but have had no luck finding "proof" for her Medicaid caseworker that this money should not be treated the same as child support for a child receiving Medicaid.

In 2003 my husband and I took my ex to court to get a judgment for 11 years of unpaid child support (around $96,000). Collection of the arrears was turned over to the NC Child Support Enforcement Agency. I've received chunks of money here and there but am still owed about $55,0000. Since my ex is retiring soon, the Child Support Enfocement will start garnishing his Social Security Retirement benefit. If all else fails, can I "forgive" the child support and deny the payments to maintain my daughter's Medicaid eligibility?

[Mr. Knowitall]

Arrears would normally be payable to you and would reflect reimbursement for child care expenses incurred during the period the arrearage accrued. Why is this being treated as income to the child?

[rjordn9]

I wish I had an answer for that. Last fall I went around and around with my daughter's Medicaid worker, her supervisor AND the legal adviser for their department and got nowhere! My problem is that I can't find anything in writing that backs me up--that's why I am more than glad to "forgive" the arrears if it means my daughter can stay in the home she loves. The other question I've thought about exploring is: If all of the arrears are payed up in the next few months, would my daughter then be able to qualify for Medicaid since she wouldn't be getting any more payments? (There's a real possibility of this because in the past I've received checks ranging from $10,000 to $12,000. Even if they count this as my daughter's income when it's received, I don't think they could question me about how it was used like they did when I'm a representative payee for her Social Security. Any thoughts...)

[rjordn9]

Shock of shocks...last night my husband was looking at the current Adult Medicaid Manual on line and learned that the policy regarding child support arrears for an adult child is now the EXACT opposite of what it was in the fall of 2010. On December 1, 2010, the policy was changed and now reads--"Child Support arrearages paid for a child over the age 18 is income to the custodial parent/relative/guardian." Finally, something that makes sense!!!