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non filing spouse income on Schedule I
I am certainly no expert in Family Law, and defer to people like Pat Green
and David Tilem to correct me here. But Family Code 771a codifies when a
spouse's income becomes separate property, and separation is viewed by both
objective and -- the key here -- subjective intent to end the marriage. See
In Re Marriage of Baragry, 73 Cal.App.3d 444 (1977), In Re Marriage of
Hardin,38 Cal.App.4th 448 (1995), and In Re Marriage of Manfer, 144
Cal.App.4th 925 (2006).
Your happily married couple doesn't have an intent to end the marriage, and
your potential solo debtor certainly doesn't want to perjure themselves on
B22A, Line 2(a), which speaks of evading 11 USC 707b2A.
I'd conclude that both your spouses' income should be included on Schedule I
and the B22A.
Hale
_____
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Yes. And you include a separate statement of the separate expenses.
If you have any questions or should you need any additional assistance, I
am here to help. Have a fantastic day!
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
Yes. And you include a separate statement of the separate expenses.
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Must a non filing spouse's income be included on Schedule I if the non
filing spouse lives separately from filing spouse (happily married, but
separate households)?
Thanks,
Kirk Brennan
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Must a non filing spouse's income be included on Schedule I if the non filing spouse lives separately from filing spouse (happily married, but separate households)?Thanks,
-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
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