My husband and I went to our attorney yesterday. We are separated and planning on filing divorce. Together we will be in a Chapter 13. We decided to divorce first and each file Chapter 7 individually. My question is: Can we each claim our children in our number in household? For example: The kids live with me and therefore I support them. My husband will be paying child support and 1/2 of other medical and educational expenses. Can he include them in his number of people in his household that he supports? I guess my bottom line question is: Can we each count the kids or would that be double dipping, so to speak?
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Don't be double dipping.......... That will cause the both of you a world of hurt when you get caught.All information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event....... -
You'll claim the kids, & he'll be allowed to list the child support as an expense.Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
0% payback to unsecured creditors, 56 payments down, 4 to go....Comment
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No, he can't claim them unless the kids are living there the majority of the year. But he does get to claim the court ordered child support as an expense. And since that is a priority, the Trustee can't challenge it. And given that there is a court order for educational expenses, those probably would be listed as an expense without that much of a problem. Your stbx really should consult with an attorney.Comment
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