How is wife's income treated if she does not file?

[Kansas1960]

If I file chapter 7 and wife does not, does her income count in the family budget? I make most of our money but she does get child support from her ex for the children that live in our house and she makes a small income. She wants to keep her debt since it is small and most of the debt is in my name only. Can I claim all the family expenses for the means test? Will they ask for her income and all that kind of stuff?

[soleprop]

If I file chapter 7 and wife does not, does her income count in the family budget? I make most of our money but she does get child support from her ex for the children that live in our house and she makes a small income. She wants to keep her debt since it is small and most of the debt is in my name only. Can I claim all the family expenses for the means test? Will they ask for her income and all that kind of stuff?

yes her income counts in the family budget, as does all incoming funds to the household. the flip side is you also get to count all members of the house hold in your filing, which helps you sort out the allowable monthly expenses for your household in your area. yes you can claim all of the family expenses for the means test. yes they will ask for her income and all that kind of stuff (in that you'll have to provide the details on one of the schedules you file).

[gophermn]

I also filed without using my wife's income. Basically the Trustee will obviously look at both your income. I was over the median for a CH7 but my expenses kept me in the CH7 ballpark.

About the only thing that came up with my wife's income that the Trustee wanted to know what non-household items did she pay for (i.e. cell phone bill, health club membership, her own car pymt, newspaper). They were looking to make sure I wasn't filing CH7 and my wife was making 2 million a year Well, kinda far-fetch but you get the idea. They were just curious how much $$$ she is contributing.