social security disability question

[gpolly123]

We will hopefully be filing chapter 13 within the next few weeks. My husband is on disability he receives 1500/mo, my dauighter receives an additional 800/mo under his claim but in her name only she is 11 years old. Can we include this as income. We live in CA. Thanks for your help.

[bling32]

I know they will count the husband's disability payment as part of the household income but unsure of the child's. But, personally I would not want to include the child's. The money is supposed to be spent on the care of the child.

[Pandora]

SSD doesnt count on means test (neither hubby or childs) but it will count on the Schedules; we had negative on means test but our Schedules came up $600 positive, so that combined with assets we couldn't exempt, became our plan payment. In case you're wondering, yes, the child's $ will count towards the schedules as its not really "their" money, its provided to them because YOU are disabled so it pulls off of your disability and is depositied via Custodial account. You have 100% access to the money to use as you so desire, which means that the $ can / should be used for housing, food, clothing, etc etc etc which is why it counts.

[despritfreya]

As usual, Pandora is right on the money.

Des.