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Married Couple / Separated 9/2012 / Filing Separately Hubby Not Communicating
Check the box for "married but filing with declaration of separate household"--then you can omit husband's income.
Sent from my iPhone
On Jan 17, 2013, at 8:54 PM, "riprapbiz" wrote:
> I rep wife.
> Hubby will not give up his pay stubs or income.
>
> What do I do with Means Test?
>
> Wife is filing Chapter 7 BK. Couple is still legally married. She has separate residence as of 9/2012. He has been randomly employed over the past few years due to medical problems and makes approx. $300/week or less. Barely getting by. Taking temp work at $10/hour from Craigs List.
>
> Do we file and "guess" his income? None of it is going to her. She says taxes do not reflect his income because it's so sparodic. Even so, he made very little in 2011. Use best guess from that? He won't return her emails, she doesn't know his expenses now that they are not living together.
>
> I suggested filing dissolution papers before filing for BK and she was amenable to that but can't afford filing fee. She would not qualify for fee waiver, it's a garnishment that is killing her.
>
> My plan is to best guess with her and file her Declaration explaining the situation along with the Petition.
>
> Am I on point? I've handled several divorcing spouses in my limited career and I've never had this issue.
>
> Thank you!
>
> Sandy
> Sandra Maria Nutt, Attorney at Law
> 5910 Van Nuys Boulevard
> Van Nuys, California 91401
> Tel: (818) 988-8878
> Fax: (818) 988-8339
> SandraNutt1234@gmail.com
> Web site: SandraNuttAttorneyAtLaw.com
> ALU Alumni http://www.AllThingsALU.com
>
>
The post was migrated from Yahoo.
I rep wife.
Hubby will not give up his pay stubs or income.
What do I do with Means Test?
Wife is filing Chapter 7 BK. Couple is still legally married. She has separate residence as of 9/2012. He has been randomly employed over the past few years due to medical problems and makes approx. $300/week or less. Barely getting by. Taking temp work at $10/hour from Craigs List.
Do we file and "guess" his income? None of it is going to her. She says taxes do not reflect his income because it's so sparodic. Even so, he made very little in 2011. Use best guess from that? He won't return her emails, she doesn't know his expenses now that they are not living together.
I suggested filing dissolution papers before filing for BK and she was amenable to that but can't afford filing fee. She would not qualify for fee waiver, it's a garnishment that is killing her.
My plan is to best guess with her and file her Declaration explaining the situation along with the Petition.
Am I on point? I've handled several divorcing spouses in my limited career and I've never had this issue.
Thank you!
Sandy
Sandra Maria Nutt, Attorney at Law
5910 Van Nuys Boulevard
Van Nuys, California 91401
Tel: (818) 988-8878
Fax: (818) 988-8339
SandraNutt1234@gmail.com
Web site: SandraNuttAttorneyAtLaw.com
ALU Alumni http://www.AllThingsALU.com
The post was migrated from Yahoo.