Who qualifies as dependent in Chapter 7

[Kansas1960]

Does a 20 year old count as a family member in the means test? does it matter if she is in college? Can I count any of their expenses? Thanks

[B65]

Both

of my children are over 18 and full time students, they are my IRS dependents and were counted as household, if they have income you will have to use that too if you use them as dependents i think.... not sure about any college fees, I did not put that on my expenses, just what it took me to feed and clothe a family of 5.


B

[TEW]

it has nothing to do with the IRS you count heads on pillows if they live there you count them

[Kansas1960]

Do you have to count their income? One makes about 5,000 a year and the other 12,000

[philslyn]

hello

in the means test u add their income if they work. if they dont work then u add their expenses.

[BnkrptcyLwyr]

Alright, this is the reason that you need a good bankruptcy attorney for these things.

In general, you can count adult children and you can count the necessary expenses that you spend for them (food, shelter, etc.)

You count their income but only to the extent that they contribute to those reasonable and necessary expenses of the debtor, and a dependent of the debtor. See the definition of "current monthly income" at 11 USC 101(10A).

As for whether you can count adult children, beware, there are some courts that consider a child a dependent if you can claim them on your taxes. On the other hand, there are some courts that say that the common meaning of "dependent" governs, and that means that if you regularly pay for their expenses and they rely on that support, then they're a dependent.

[Kansas1960]

And it could get a little more complicated...

We have a blended family. All kids live with us but other parent is allowed to claim some of the kids on their taxes as arranged in the divorce years ago. So if I have to use the IRS standards it cuts my dependents in half!

[TEW]

We have a blended family. All kids live with us but other parent is allowed to claim some of the kids on their taxes as arranged in the divorce years ago. So if I have to use the IRS standards it cuts my dependents in half!

Why are you using the IRS slandered?

[Kansas1960]

I don't know what I am going to use. I am just running things through my mind to see where I am prior to going to see an attorney. So if I can use all the kids, even the older ones, I will be soooo way below the means for a chapter 7.

[2Bshinyandnew]

it has nothing to do with the IRS you count heads on pillows if they live there you count them

My ex claimed our son as a dependent and our son's head is on a pillow in my house 7 nights a week. My ex pays child support and alimony and he counted me as well. Alimony = portion of my support. Separate households, but he IS paying a portion of his pay each month for the support of his family. My head is on my own pillow in my own home, thank you very much

This is what his attorney told him was the correct way to handle the situation. He filed in late November, had his 341 in late December, and no issues arose over claiming heads on pillows in separate homes.

[2Bshinyandnew]

Does a 20 year old count as a family member in the means test? does it matter if she is in college? Can I count any of their expenses? Thanks

I was told that my 18 year old who is college full time and living with me is a dependent. I worried that her financial aid/grant would count as income to me, and was advised (by an attorney) that it would not because it is deposited directly into her student account at the college. I don't think I can count any of her college expenses, like books, but she does live with me and my overall expenses, electric, food, water, are higher because of it so I can count those expenses in.

[broken64]

I also have a 19 year old full time student living at home with us. We are hoping she counts as a dependant in the bk courts so that our income ratio of family members works out. Our lawyer thought that he would be able to make it work so I am hoping so, we are in Michigan and I don't know does it matter were you live? We are able to claim her on our taxes,we support her in every way, minus college funding, she had to get loans for that obviously, since we are claiming bankruptcy.