Means Test: Assistance to elderly parent

[DG1966]

My elderly mother does NOT live with us. She lives in another state. She has no assets and only receives her survivors social security benefits. Am I able to include the money I send her monthly to help her live ($250-$350 per month) as an expense on the means test to exclude from my income?

Thanks!

[Flamingo]

If you have proof you have been supporting your elderly parent for at least several months and/or claim her as a dependent on your taxes, you should be OK. Discuss with your attorney.

[backtoschool]

Usually the US trustee wants to see your parent claimed as a dependent on your tax return for the expense to be valid.

Receipts could work, but that would depend on trustee and on district.

Claiming dependents that are not on your tax returns is a red flag for the US Trustee.

[scorpion35]

My elderly mother does NOT live with us. She lives in another state. She has no assets and only receives her survivors social security benefits. Am I able to include the money I send her monthly to help her live ($250-$350 per month) as an expense on the means test to exclude from my income?

Thanks!

the trustee can look at that monthly payment as fraud,because u are sending money to a relative.be prepared to show him how your mom is spending that money

[ccsjoe]

In addition, the longer your history of sending her the payments the better chance of the trustee accepting it. How long have you been sending her the money? Does she ever send you back any?

[DG1966]

I am NOT playing games to reduce DMI. My Dad JUST passed away and now she only collects the reduced survivors social security. She needs some assistance from me to make up the short fall. So the payments to her JUST started. Will this be disallowed? She truly needs assistance and if they don't allow the expense I do not know how I will do it.

She may come live with us and I am going to post another question regarding that in the forum right now.

[backtoschool]

I am NOT playing games to reduce DMI. My Dad JUST passed away and now she only collects the reduced survivors social security. She needs some assistance from me to make up the short fall. So the payments to her JUST started. Will this be disallowed? She truly needs assistance and if they don't allow the expense I do not know how I will do it.

She may come live with us and I am going to post another question regarding that in the forum right now.

If she comes to live with you, and her husband just died, you have a legitimate expense, but since you just started paying her, you may be questioned by the US Trustee before your explanation is accepted. You have a valid expense however, so even with questioning you will most likely be fine.

[SweetGeorgia]

We support my mother, although I only claimed the expenses for her food & utilities (which was much more than you're claiming). We don't claim her as a dependent, but I had documented the support extensively. Not all situations qualify for the tax break; and in our case it would be no tax break at all.

Good luck - you're doing the right thing and you shouldn't get penalized for that. I know that it's plenty tough already.

[OhioFiler]

We contribute monthly for my mother's living expenses and our attorney said it would be no problem. We pay her mortgage for here, $250 per month and have done so since she retired 2.5 years ago.

[keepmine]

The bk code does allow for the support of family members.

http://doney.net/bkcode/11usc0707.htm

(II) In addition, the debtor's monthly expenses may include, if applicable, the continuation of actual expenses paid by the debtor that are reasonable and necessary for care and support of an elderly, chronically ill, or disabled household member or member of the debtor's immediate family (including parents, grandparents, siblings, children, and grandchildren of the debtor, the dependents of the debtor, and the spouse of the debtor in a joint case who is not a dependent) and who is unable to pay for such reasonable and necessary expenses.