Is this income on means test??

[deadbroke99]

1) Tuition Reimbursement from employer $3,000 a year that is not taxable. I asked this before but was wondering if any others had any thoughts...and a refund check from the college for $200.00

2) My dd (16 years old) had a job and eaned about $500.00 before she quit in January. My CPA said it wasn't enough that I had to file with my taxes so I didn't. Would I include that as income??

3) Rental Income--although I never recieved a dime just my mortgage on rental house was being paid by investor. Do I have to count this as income? I want to surrender the rental house in chapter 7. I am an
over median filer.

Also, I pay my 16 year old $30.00 a week to babysit her sister, my 9 year old, can I count this as childcare even though I am paying my own kid?

[justbroke]

1) Tuition Reimbursement from employer $3,000 a year that is not taxable. I asked this before but was wondering if any others had any thoughts...and a refund check from the college for $200.00

Yes. The BK Code which says this is 11 USC 707. Basically all income, whether taxable or not, is considered for the means test.

2) My dd (16 years old) had a job and eaned about $500.00 before she quit in January. My CPA said it wasn't enough that I had to file with my taxes so I didn't. Would I include that as income??

Only to the extent that she contributed that money towards the maintenance of the household. For example, did she just spend it, or did you take it and apply it towards household costs?

3) Rental Income--although I never recieved a dime just my mortgage on rental house was being paid by investor. Do I have to count this as income? I want to surrender the rental house in chapter 7.

Only to the extent that you made money from it. However, You need to list how much you took in and then subtract the costs. For example, if the monthly mortgage was $1,000 a month for the last 6 months, and you collected $1,000 then you'll put $6,000 in receipts, and $6,000 in costs for a total income of $0.00. You cannot claim any negative amount.

Also, I pay my 16 year old $30.00 a week to babysit her sister, my 9 year old, can I count this as childcare even though I am paying my own kid?

Hmmm... do you claim this on your taxes? Can you prove this? Just wondering... I'm no expert on childcare, but it could become a question. I would put it in your means test as an expense regardless of what I write.

[Help!]

Unfortunately, the answer (in my opinion) is that it depends. I'm sure in most cases a lot of things like these are not included as income, but in our case the UST defined income as "money received from all sources" in the six months prior to filing. All three would have been counted as income in our case and the UST would have asked for cleared checks showing the amount that was paid for babysitting.

Ours was not a typical case and I don't mean to worry anyone unnecessarily, but many do not realize that the UST can hold debtors to a very strict definition of income when they are out to dismiss/convert.

[deadbroke99]

I always pay her in cash, she has no bank account. She is just 16. As far as the money she earned when she worked, she spent it. I never received a dime of it..lol I did deposit one check of her's in my bank and took her shopping and used my debit card. Then she discovered she could get her checks cashed at Walmart for $3.00.

[Help!]

The babysitting expense would not have been allowed in our case because we were required to document all expenses with receipts. There are certainly plenty of above median filers here who have not been under this kind of scrutiny, but you never know if you're going to be one the "lucky ones" the UST decides to pick on. You can always try for a 7 with expenses like these but keep in mind that they could be challenged. A good lawyer who knows the case law in your district should have a feel for what the UST will let slide and what they'll go after.

[jribe]

the tuition reimbursement is included in your 6-month income if it is included on your W-2 from your Employer (or so my attorney told me).

Mine shows on my paystub that i received $5000 for 2008- but it was not included in my income for the W-2- and has never been included (in the past 3 years).

I would check with your attorney though. I'm in CA.

[deadbroke99]

the tuition reimbursement is included in your 6-month income if it is included on your W-2 from your Employer (or so my attorney told me).

Mine shows on my paystub that i received $5000 for 2008- but it was not included in my income for the W-2- and has never been included (in the past 3 years).

I would check with your attorney though. I'm in CA.

Thanks, it was included on my paycheck but not my W2.