What's a Household for Chap 13 Expenses?

[jwbbx]

I have a different situation I wanted to get some opinions on. My partner and I have been together for a little over 2 years. I am planning chapter 13, his finances are ok. The major income to the house is mine, I pay all of the bills, the mortgages, etc. He works retail and basically makes enough to pay his car payment, insurance, and contribute about 200/month to the house. We don't mix bank accounts.

I have heard a couple of different stories when I asked attorneys about this. I need to include him as part of the expense of running the household. But, I'm concerned that he won't be considered a member of the household because he's not a 'relative'. He definitely eats drinks and sleeps here and has for a couple of years. He contributes what he can.

One attorney said he can be included as a roommate - the court doesn't need to know any more than that but that you can't go out and recruit a roomie to inflate your numbers. The other said unless he's been around for over 5 years (where he got this number I don't know), then he can't be included. We do have a family plan for our cell phones that dates back the full 2 years - is that enough to prove he's not a fly by night roommate?

Michigan ain't Massachusetts, so I'm not sure how things will go. Any thoughts?

[ruggal]

Not sure

Felt bad that your question was sitting there all alone with no response.

Anyway, are you thinking the household expenses would higher because it's two people? Are you supposed to include your partner's contribution as well?

I would think think it's yes to both...If you're worried about the trustee's prejudice, I see no reason to say anything other than you live with someone, gender doesn't even need to be discussed does it? And since there's no legal connection, does it have to be mentioned at all?

What's your attorney's thoughts?

[rrockinggramma]

I know the laws have changed but I think his income would be counted and his expenses then backed out leaving you with just your stuff alone. And you would have a family of 2 instead of 1 for the means testing etc.

[Gerry]

I included my live-in fiancee in the household size when computing my numbers, but included his income only on Sched I, Line 13 ("Other monthly income") and on Line 7 of the B22C ("Any amounts paid by another person or entity, on a regular basis, for the household expenses of the debtor..."). My attorney was satisfied with that.

I also have two 23-year-olds who are away at college. Although they don't live with me full-time, they do depend on me for out-of-pocket expenses and they eat me out of house and home in the summer and on school breaks. I didn't include them, however, in my computations.

[jwbbx]

I'm really just looking for us to be called a household of 2 so that certain expenses like food will be more reasonable. I already have a high food bill (I'm diabetic), and having it be for the 2 of us makes it that much easier to justify. Plus, it helps justify the house and such I suppose.

I'm not counting on using 2 persons for the means testing, I don't qualify for a 7 even with him. I'm just looking trying to make sure my expenses can be reasonably explained, and I don't want to underestimate and get cut short by not taking the deductions I should be taking.