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Family Size Where Debtor and Ex Have Joint Custody.
I typically include the children in the household size where the debtor is paying for themajority of food. clothing, etc. and majority of health care(B22Alines19A & 19B and B22C lines 24A & 24B) since a larger household is required reutilities and rent(B22 lines 20A & 20B andB22C 25A & 25B)where all members use the residence/utilities.
Where the debtor is not paying the majority ofthe stanardized expense categories and you elect to use the smaller household size to reflect this fact, then you wouldcan include the actualamount ofrent and utilities that exceeds the standards for the lower household size choice by adding the amount in excess of the standard dollar amountsto B22A lines 37 & 21 / B22C lines42 & 26 to have a result that is fair to the debtor. A supporting declaration would likely be requested if not provided.
Peter M. Lively, J.D./M.B.A.
Law Offices of Peter M. Lively
Personal Financial Law Center I
11965 Venice Blvd, Suite 301
Los Angeles, CA 90066-3977
I typically include the children in the household size where the debtor is paying for the majority of food. clothing, etc. and majority of health care (B22A lines 19A & 19B and B22C lines 24A & 24B) since a larger household is required re utilities and rent (B22 lines 20A & 20B and B22C 25A & 25B) where all members use the residence/utilities.
Where the debtor is not paying the majority of the stanardized expense categories and you elect to use the smaller household size to reflect this fact, then you would can include the actual amount of rent and utilities that exceeds the standards for the lower household size choice by adding the amount in excess of the standard dollar amounts to B22A lines 37 & 21 / B22C lines 42 & 26 to have a result that is fair to the debtor. A supporting declaration would likely be requested if not provided.Peter M. Lively, J.D./M.B.A.Law Offices of Peter M. Lively Personal Financial Law Center I11965 Venice Blvd, Suite 301 Los Angeles, CA 90066-3977
The post was migrated from Yahoo.
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No guidelines on this - take 1/2 the # of children
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
encino1000
Sent: Thursday, May 28, 2009 11:16 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Family Size Where Debtor and Ex Have Joint Custody.
Does anyone know how to deal with the size of a family where the parents are
divorced and have joint custody. Custody is shared 50/50. Any experience on
the issue would be appreciated. Simon.
Simon J. Dunstan
HUGHES & DUNSTAN, LLP
Suite 1960
21650 Oxnard Street
Woodland Hills, California 91367
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Message
No guidelines on this -
take 1/2 the # of children
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Does anyone know how to deal with the size of a family where the parents are divorced and have joint custody. Custody is shared 50/50. Any experience on the issue would be appreciated. Simon.
Simon J. Dunstan
HUGHES & DUNSTAN, LLP
Suite 1960
21650 Oxnard Street
Woodland Hills, California 91367
The post was migrated from Yahoo.