Income treatment for former spouse payment

[vafordad]

Hi:  We are just beginning the process of applying for Aid and Attendance for my dad.  I'm still trying to understand the income qualifications, specifically concerning the former spouse payment that is deducted from his military retirement.  He receives a gross military retirement of $2255 monthly.  From that $800 is automatically deducted and paid to my mother.  They have been divorced for nearly 30 years and she was awarded this as part of their divorce settlement.  His net pay, after this deduction and taxes is just over $1200.  The $800 per month would make a big difference in his eligibility, and ultimately, the pension amount awarded, I think.  How do we treat this?
Thanks.

[Fit2009]

If it was set up as a division of property, it does not count as income.  If the payment is not a division of property, it is included in his gross income - you have to read the divorce settlement to know and if property division, you must include that part of the settlement in the application to prove it.
Hope it works out for you!