Means test question on Healthcare expenses

[Janetdoe]

What are they looking for on the means test form 22A-2 Line 7 for healthcare expenses not reimbursed? I'm assuming they mean copays-money towards deductibles, prescriptions, but how do we figure this out. Will it be what weve paid over the last 6 months averaged? One month may be $300 in unreimbursed expenses and another month may be $140 while it's $600 a different month. Anyone know how this is figured?

[justbroke]

This is the means test, so you don't get to put just whatever number that you want to put. The numbers come from the Office of the United Trustee's Means Testing web site and these numbers change about every 6-12 months based on when it is filed. Most of the numbers come from the IRS' so called "collection standards" which are published by the IRS and based on Census and other data sources..

You need to use the numbers based on the time period that you will file and obtain them from here... https://www.justice.gov/ust/means-testing. As the form specifies, if they are higher than the collection (err... USTP) standards, then you can add them to line 22. If you put something on line 22, you will need to have VERY good documentation because the UST/Trustee generally objects to anything on that line.

The Means Test is an "arbitrary" test and does not represent your actual numbers. They are based on what the IRS (and the UST) has determined to be the right numbers for a particular family size (either in a particular county or nationwide). Schedule J is where you would put your actual expense.

If you are having trouble completing the forms, then this may mean that you are not using a guidebook or seeking help. There is a guidebook by NoLo and most Districts have some sort of Pro Se clinic or Free Pro Bono clinic to help with the forms. Of course, there is always us here at BKforum where we can share our experience while not providing any legal advice.

[Janetdoe]

I'm just doing a preliminary look online. My attorney will do the actual means test. I'm trying to figure out if we have more than the $240 for a family of 4 under 60. Some months we have huge expenses and some not as huge. It's basically me trying to decide if it's worth putting anything on line 22 the trustee tends to object to. My husband has a brain tumor and doctors visits and his upcoming surgery, meds, physical therapy, etc will be far over his alotted $60 a month. My son has special needs and has monthly meds and therapy goes over his alotted $60, same with me. Only my other son doesnt, but my husband more than goes over.

I read further down the means test and I think it answered my question. I have no idea how anyone does this on their own! Thank you for your great advice as always!

[justbroke]

With what you just wrote... feel free to take an average for 6-12 months and then put the difference between that average and the $240 that is the "standard". I don't think the Trustee will question that type of medical expense when it's well documented. Additionally, the Trustee will also allow special costs for the "continued contributions to the care of household or family members" (line 26).

I only write that they object in that they will scrutinize anything on those lines and they will demand documentation. I think you should be able to easily document the extra costs for a special needs dependent child and certainly for your sick husband. The real question will be whether your attorney will use line 22 and/or line 26 for these costs.

An important thing that an attorney brings to the table, literally, is knowing what to put on which line and how the Trustee may react. I myself now question whether you should put this expense for both the son and the husband on line 22 or line 26 or some combination of both.