Central District Consumer Bankruptcy Attorney's Association

OK, I see that you are correct, Dennis. That helps me along with the
analysis.
So what this means is that same money stays in the estate, so it is her
income and his deduction. So it is a wash if they file together, and he
gets the full benefit of the deduction if they file separately.
It raises the HH size deduction by $8,000 per year to include her in the
case, and the payment is over $24,000 per year, so they may be better to
file separately if they need the $16,000 of deductions ($1,333/month) to
pass the Means Test.
Steve

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I have a client whose wife is considering joining him on a Chapter 7
filing. They have filed for divorce, and he's paying her expenses as
she doesn't work. They live separately.
I need him to get those expenses to the wife into a formal order for
support so it's deductible on the means test and he can pass it.
Now the wife may join in the bankruptcy as she has credit cards in her
own name.
At first, I thought she couldn't join the case because of the support
payment issues, but now I cannot think of why I thought that. Now it
seems like it would be a perfectly legal deduction even if they file
together.
So my question is - Is there any reason I cannot take the court ordered
support deduction if she joins the case?
Steve
Law Offices of Steven B. Lever
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The post was migrated from Yahoo.