Affect of supplied housing on means test?

[viking64]

This may be strictly a lawyer question, but in case anyone has had experience here:

I live in clergy housing supplied by my congregation. They are also responsible for utilities, so I do not have monthly housing/utility expenses.

However, would that have impact on my income? My W-2 reports only my stipend, not value of housing, and I am not taxed on value of housing.

Also, my partner buys all the groceries but doesn't make any other contributions towards household expenses. I'm assuming I count half of his grocery expense as additional income?

Thanks.

[lrprn]

I live in clergy housing supplied by my congregation. They are also responsible for utilities, so I do not have monthly housing/utility expenses.

This means that you do not have housing costs. You'll have to ask several experienced bk lawyers in your area whether your bk district/local court allows you to exempt the housing allowance even if you don't have an actual housing payment (mortgage or rent). Same question needs to be asked about the utlities.

Also, my partner buys all the groceries but doesn't make any other contributions towards household expenses. I'm assuming I count half of his grocery expense as additional income?

When you file alone but have another person living in the home who is earning income, then that person's total income is added into your Means Test income, but then whatever portion of what the adult earns minus what he/she contributes toward the running of the household (like groceries) is subtracted back out later in the Means Test.

This is confusing, I know. Be sure to thank the 2005 Congress for passing this mess of a law.

[viking64]

When you file alone but have another person living in the home who is earning income, then that person's total income is added into your Means Test income, but then whatever portion of what the adult earns minus what he/she contributes toward the running of the household (like groceries) is subtracted back out later in the Means Test.

This is confusing, I know. Be sure to thank the 2005 Congress for passing this mess of a law.

I want to make sure I'm not mixing up terminology here. Without my partner's income (and without my supplied housing), I'm below median income. The Median income test says specifically "spouse" income. Since a partner is not a recognized spouse by Federal law and tax code (thanks to Defense Of Marriage Act), I'm assuming only my income counts in determining whether or not I'm above or below median income. I file single on my fed'l return because I have no other legal option.

However, there is a spot in the median test which asks for income support for household expenses from other sources, including roommates, etc. I can demonstrate that the only household expense he contributes to is food. Church pays power, water. I pay 100% of phone, internet TV. There are no other utilities - and my bank account only shows my paychecks going into them. We've never mingled accounts or finances. Even with his food support (he estimated $500 a month), I"m still a few thousand below median.

Anyway - all this makes a difference between a 36 month and 60 month plan. I can pay all back taxes, be current on student loan payments, and pay 25% of consumer debt if I qualify for a 36 month plan. That 25% would be significantly more than the value of non-exempt property. I don't know how realistic that is - but it goes a long way toward my psychological frame in entering this. If it has to be 60 months and there are no other options for me, I'll adjust, but this is what I was hoping for.

I wish the two attorneys I called for consults would call me back to schedule a meeting!!