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Page 7 of 10 § 10:71-5.4 Includable income Administrative change. See: 41 N.J.R. 2485(a). Administrative change. See: 44 N.J.R. 1780(c). Administrative change. See: 45 N.J.R. 1917(a). Administrative change. See: 47 N.J.R. 115(b). Annotations Notes Chapter Notes Case Notes Alimony does not constitute income received by a Medicaid recipient where the alimony is paid to a special needs trust created under 42 U.S.C.S. § 1396p(d)(4)(A) pursuant to a court order as part of divorce proceedings. Therefore, the New Jersey Medicaid program cannot reduce its contribution to a recipient's nursing home costs by the amount of alimony his or her ex-spouse pays to the special needs trust. J.P. v. DIVISION OF MED. ASSISTANCE & HEALTH SERVS., 392 N.J. Super. 295, 920 A.2d 707, 2007 N.J. Super. LEXIS 119 (2007). Definition of "available income" for Medicaid eligibility; valid. Estate of G.E. v. Division of Medical Assistance and Health Services, 271 N.J.Super. 229, 638 A.2d 833, 1994 N.J. Super. LEXIS 80 (1994). Pension was "available income" for Medicaid eligibility even though payment ordered to wife. Estate of G.E. v. Division of Medical Assistance and Health Services, 271 N.J.Super. 229, 638 A.2d 833, 1994 N.J. Super. LEXIS 80 (1994). Regulation governing when income is available did not constitute exercise by the state of its authority to adopt less restrictive income standards than federal standards. Estate of G.E. v. Division of Medical Assistance and Health Services, 271 N.J.Super. 229, 638 A.2d 833, 1994 N.J. Super. LEXIS 80 (1994). Voluntarily waived state pension benefits would be "available income" in evaluating Medicaid eligibility. M.R. v. State Dept. of Human Services, Div. of Medical Assistance and Health Services, 268 N.J.Super. 586, 634 A.2d 143, 1993 N.J. Super. LEXIS 861 (1993). A Social Security check received by Medicaid recipient, is not a resource for inclusion in program eligibility determination (citing former N.J.A.C. 10:94-4.19 and 4.42). Gilfone v. State, 165 N.J.Super. 186, 397 A.2d 1120, 1979 N.J. Super. LEXIS 553 (1979). Claim by disappointed applicant for Medicaid benefits that his VA benefits should not be included in income for the purposes of determining his eligibility lacked merit because such benefits were expressly included in the types of