Means test income calculation - Family, individual filing

[Usury]

I'm married (as of April 08) and have two children. All debt I'm considering filing for was incurred in my own name, almost all before marriage. I am in California.

I was on the phone with an attorney yesterday (whom I'm meeting tomorrow for the initial consult) and he mentioned that I could file as 'family of 3' (me and my 2 children) and use that family of 3 as the means income test.

I was under the impression, I had to include my wife's income, and 'family of 4' for the income requirements.

Is there the option for me to do 'family of 3' and not include anything related to my wife at all?? Basically, I want to know if the lawyer is WRONG so I can make sure not to retain him... because that would be a huge oversight on his part!

[jennordhavn]

I was under the impression even if filing individually you use the actual number of people in the family. I filed pro se and that is what I did.

[StartingOver08]

I am married and filed alone - but I had to include all the income from every family member. Fortunately my two adult children live on their own.

You would have to include your wife's income if you file.

What my attorney did though was expense all of my husbands income except for about $1000/mth that he contributes to the household. I am sure that is part of the reason I was reviewed by the UST's office too (and my 341 continued). But I was able to show that we have separate financials ...but the Trustee's required data going back years. 2 yrs bank statements, 3 yrs cc statements, 10 yrs real estate transactions etc.

I really would worry about your attorney if he is suggesting that you leave off your wife's income (assuming she lives in your home).