Means Test: Members of Household

[DG1966]

My 'dependent' son is an 18yr old college student do I include him in the 'members of household' when determining household expenses on the means test? Some people I have talked to say YES and some say NO because he is over 17. Can someone tell me a definitive answer??

Thanks

[despritfreya]

He is included if he is still your legal dependant for tax purposes and you do, in fact, support him. You just cannot add epenses for line 43 as he is not under 18 but he is part of your household size.

[MSbklawyer]

My 'dependent' son is an 18yr old college student do I include him in the 'members of household' when determining household expenses on the means test? Some people I have talked to say YES and some say NO because he is over 17. Can someone tell me a definitive answer??

Thanks

Different courts are deciding it different ways. Here is a good article on the subject:

http://longislandbankruptcyblog.com/determining-household-size-for-the-means-test/

[backtoschool]

Generally you have to claim him on your income tax reports to include him as a dependent for your means test.

Claiming him without having him as a dependent on your tax return is a red flag for the US Trustee.

[OhioFiler]

I will be including my son as a dependent for means testing yet he has not appeared on a tax filing of mine in years. He lives with me full time and his mother contributes no support. I will be claiming him on my tax return for 2010.

[tcreegan]

no mention of age for household

Hi all,

In all my reading here and other places, I have yet to see a reference to an age being important to the household size.

I think people are bring tax law (where age is important) into BK law (where it apparently is not important)

I have seen people asking if roommates are "household" or if their income must be included, kids with split custody, that sort of stuff, ....and no real definitive answers....

note to Ohiofiler, why hasn't he been on your tax returns if you have been supporting him full time? You can file amended returns and claim him, maybe get some tax $$ back. (unless the ex claimed him....ahh..the plot thickens....

Bottom line in all cases: documentation......have it documented no matter what you do.

Just some thoughts,

Tom in Colo

[OhioFiler]

Hi all,

In all my reading here and other places, I have yet to see a reference to an age being important to the household size.

I think people are bring tax law (where age is important) into BK law (where it apparently is not important)

I have seen people asking if roommates are "household" or if their income must be included, kids with split custody, that sort of stuff, ....and no real definitive answers....

note to Ohiofiler, why hasn't he been on your tax returns if you have been supporting him full time? You can file amended returns and claim him, maybe get some tax $$ back. (unless the ex claimed him....ahh..the plot thickens....

Bottom line in all cases: documentation......have it documented no matter what you do.

Just some thoughts,

Tom in Colo

She did claim him. He lived primarily with her until several months ago.

I absolutely agree with you that age is irrelevant to household size for BK purposes.