Means Test Question: How to handle unemployment

[Walter]

Strange question, I suspect.

The non-debtor spouse collected umemployment for nearly all of the 6 months prior to filing, with the exception of 2 weeks of 'temp work' that interupted compensation (wages were LOWER than would have received from unemployment!).

Rather than get fancy and break this up and put a very nominal ammount under wages, what are your thoughts on just using the unemployment rate across the 6 months?

We would, in fact, be reporting more income than if itemized out into a wage portion (which was less than would have received from umeployment compensation) and unemployment benefits.

Thoughts? ;)

[Walter]

...and read in NOLO about claiming that unemployment should be excluded under the Social Security Act; does anyone go this route? I wouldn't want to upset the Chapter 7 gods in court, so thinking we shouldn't try to make this argument....

Since not a community state and the unemployment compensation was for the non-filing spouse, shouldn't really make a difference, right? ...since WAY under the means test?

[neorecon]

Depends on your district. For us in MN our attorney said that UI was not counted torwards your gross income on the means test or schedules.