Means Questions

[awoodwaring]

Hello,

I have a few questions about the means deductions. I tried to see if they have been answered before, but don't see these addressed.

1. Can I automatically deduct the national standard for health deductions or do I need receipts to substantiate my claim (i.e., $240 for family of 4)?

2. I am a special education teacher intern and I am in the middle of classes for my credential. I have to take classes for my employment as an intern. These classes have cost an average of $850/month, but they have been paid by student loans. Can I still deduct this under the means test?

3. My husband is a teacher and approximately $750/mo is deducted from his pay to be repaid during summer (this, making his pay the same year round). Do we have to include that income or is it considered a reasonable deduction?

4. I pay for children's private school in advance each year, not monthly. Can I still deduct the expense (limited to the approx. $150/child, my mother makes up the difference each year)? Is it reasonable? We chose a school that is close to my employment and offers before and after school daycare for much cheaper than a typical daycare.

5. Where do I (can I) put car insurance? It is mandatory in CA.

I will be retaining a lawyer; I am simply trying to ascertain if we pass the means test before paying the lawyer fees.

Thanks in advance!
Nicole

[disconapper]

Most lawyers will give you a free consultation and should be able to determine if you pass the means test, provided you bring ample and accurate financial information.

[LadyInTheRed]

Even if an attorney won't run a means test during a free consult, they should be able to answer your questions. I can answer many of your questions.

You will not need to show evidence of your family's medical expenses if they are within the federal allowance. You get to claim the whole amount on your means test whether you spend that much or not.

Car insurance is included in the vehicle operating expense allowance on line 22A of the means test.

I suspect that the deduction from your husband's income to be paid in the summer is a deductible expense, but I'm not certain.

Line 38 of the means test limits private school tuition to $147.92 per child per month.

[awoodwaring]

Thank you! My lawyer will deduct my husband's summer pay (as shown on the pay stub). He told us we qualify for Ch 7. We weren't going to file unless we could not get rid of our second property. Well, our credit union told us they would not approve the sale without us paying them $20k. Given we can't make ends meet, now, there is no way we could take on the additional debt. So, now we will file. Bummer.