New member here, had a brief initial consultation yesterday. For anyone who filed for 13 with older children (19&21) who still live at home full time do they count as part of the household if I am solely responsible for all household bills (mortgage, food, utilities, etc.)? One is a full time student and other is trying to get into trade school. Thanks in advance for any help.
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Welcome to BKForum.
Yes, children count. I had one that was 22 at the time of my Chapter 13 and he was in college. So long as they are in college they should be fine until the age of 26. Then it becomes problematic. The Trustee will likely ask what the adult children are doing.
In fact, my Trustee asked when my 22 year old stepson would be done with college and I retorted with "I have the same question." The Trustee was satisfied with my answer and it wasn't an issue to include both kids (22 and 12) as dependents. I'm sure the Trustee will ask why your child that is not in school is not working and contributing, but that's just something that they like to ask. (Trustee asked why my spouse wasn't working. I just answered "she's lazy" and that seemed to be enough. We weren't in a joint bankruptcy.)Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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