Married, filing single questions.

[coldbusted]

Hello, all.

This forum is a great resource.

Since finding it last week, I have begun to read the Nolo book on Ch. 7 and taken the pre-filing counseling with InCharge.

I've read a bunch of threads here, but I'm still confused.

I will be filing Ch. 7, but my wife will not. Her income must be listed though, because we are married and living together with our small son. But her income requires that we take the full means test.

Since her income is used, am I allowed to use all of the debts in her name in calculating the expenses? She pays on her student loans and she's the one with the credit card debt, for which she makes monthly payments.

In other words, since I am using the full household income to determine income, may I use the full household income/liabilities as expenses, even though only one if us is filing?

[Edited to add: The Nolo Book references In re Haney, where a spouse making less than $500 per month filed bk singly to avoid using her spouses income of $6000 per month. But when I do the means test on the Nolo site as married, filing single, it uses my wife's income every time.]

Also, if I owe on a debt, but haven't been making regular monthly payments in some months, how do I account for that? I haven't been able to make the payments, but the monthly liability of the debt is part of the reason that I am filing.

Thanks.

[chriselle]

line 17 on the means test will be your bestfriend.

[coldbusted]

Hi,

Revisiting this again because I am filing in the next week or so. Would really appreciate some advice. Have done the means test and have a few questions re my spouse's income and expenses.

Chriselle was right--Line 17 is my best friend (though line 44 is probably my bestest friend EVAR!).

Trying to make sure that I am using the marital adjustment correctly. I have listed my non-filing spouse's income and then deducted on Line 17: Her personal car's monthly payment and insurance (I have my own), her withholding taxes (FICA, Federal, State), and her exclusive store cards and credit cards (they are only $150 month total).

For health care expenses, she pays the household health insurance through her cheaper plan and deducted from her paycheck. I listed that on line 34.

Our home was hers before we married. It is only in her name, though we both cover the expense. I entered the entire monthly mortgage payment on Line 42 under Secured Claims. I can't figure out how else to handle it.

Seem okay? Questions? Thanks.

[blockhead]

"Since her income is used, am I allowed to use all of the debts in her name in calculating the expenses? She pays on her student loans and she's the one with the credit card debt, for which she makes monthly payments"

Absolutely. And a US Trustee audit did not demur

[tcreegan]

community property state?

Hi coldbusted,

No help on dividing up the means test, but just a thought: Are you in a community property state? If you are, debts you hold in common are discharged for both even if one spouse files. Could be irrelevant or could be handy piece of information....

Hope you get it all figured out !

Tom in Colo

[october99]

Please update on how things go for you. I am in the same situation with some varying degrees of difference.

[coldbusted]

We're in Illinois, a tenancy by the entirety state. My wife owns a house, that will not be in the estate. I'll let you know how things turn out, october.

[chriselle]

the non filing spouse's income will be a part of the household income if both are living under the same roof. Shared expenses, at the utilities, and all expenses are for everyone in the household. what comes into play are her expenses, if there's a shared credit card, the payments will go under the marital adjustments and everything she pays under the sun even questionable things. You are going to get some raised eyebrows but as long as the expense can be covered by the non filing spouse's salary minus 50% of the shared expenses.