707(b)(7)(B) says when a nonfiling (non is a prefix, not a pre-hyphen) spouse's income is not considered. A nonfiling spouse's income is excluded when the nonfiling spouse does not live with the filing spouse.
The means test considers "household income". What difference is there to the household income if there is a prenup? The test is trying to measure what is coming into the household, not what is coming in to the individual debtor.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Apr 23, 2014, at 9:49 PM, "Mark J. Markus" wrote:
>
> I have no idea...I haven't seen it yet. Is that dispositive on the question?
>
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>> On 4/23/2014 4:45 PM, Lim wrote:
>> Does the prenup directly speak to separation as well as divorce?
>>
>> Sent from my iPhone
>>
>> On Apr 23, 2014, at 3:30 PM, "Mark J. Markus" wrote:
>>
>>>
>>> As we all know, when completing Form 22A or 22C for a married debtor, the non-filing spouse's income must be included (see e.g. section 707(b)(7)(B)).
>>>
>>> Presumably the marital adjustment then takes care of any non-community expenses the non-filing spouse is paying.
>>>
>>> But what happens when the couple has a valid prenuptial agreement? Does the non-filing spouse's income still need to be included?
>>>
>>>
>>> *************************
>>> Mark J. Markus
>>> Law Office of Mark J. Markus
>>> Mailing Address Only:
>>> 11684 Ventura Blvd. PMB #403
>>> Studio City, CA 91604-2652
>>> (818)509-1173 (818)509-1460 (fax)
>>> web:
http://www.bklaw.com/
>>> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
>>> This Firm is a Qualified Federal Debt Relief Agency
>>> ________________________________________________
>>> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
>>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
>
The post was migrated from Yahoo.