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non filing=20
I agree with Hale.
I had clients who were happily married for over 20 years and lived in separate households because it worked better for them,I guess it isn't as uncommon as I thought.
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On Tuesday, July 29, 2014 10:07 AM, "'Hale Andrew Antico' bk.lawyer@gmail.com [cdcbaa]" wrote:
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 bothobjective and -- the key here --subjective intent to end the marriage.
SeeIn Re
Marriage of Baragry, 73
Cal.App.3d 444 (1977), In Re Marriage of Hardin,38 Cal.App.4th
448 (1995), andIn 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 debtorcertainly 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
________________________________
[mailto:cdcbaa@yahoogroups.com]
Sent: Monday, July 28, 2014 10:51
PM
To: Cdcbaa Yahoo Listserv
Subject: [cdcbaa] non filing
spouse income on Schedule I
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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