22A Statement of Monthly Income

[Kris10Jordan]

Filling out 22A....

I moved in with my fiance back in November when I became unemployed. Only I am filing. I have no income, as he provides me with the necessities. We have no debt together, but I am going to include his income, anyway, just to be on the safe side, as our finances intermingle a lot and we act as a household. We fall under median because of our two children in the home (he's a teacher...lol)

Sooo....do I just put his entire average gross salary in line 10? He is still legally married, so the argument that he could be considered a domestic partner isn't an option.

[LadyInTheRed]

Unless your fiance is paying you money, it sounds to me that you have no income to report. You have no legal claim to your fiance's income.

Are you filing pro-se? If so, I suggest you take advantage of a few consultations with BK attorneys. You don't need to tell them you plan to file pro-se, but you can ask questions like this.

Including your fiance's gross income as your income "just to be on the safe side" sounds like a terrible pro-se mistake. If you want to be on the safe side, you should hire an attorney.

[Kris10Jordan]

I will probably consult with a couple to be sure. It is a complicated situation. I am just reading up to see if it would be possible pro-se.

I have no way of explaining how I eat or where I live if I put zero income. Everything I read is pointing to including his income because we are considered a household.

[justbroke]

If you receive "regular" money from a friend or family member to survive, then that is defined under "current monthly income" (CMI) in the bankruptcy code. So if your mother gives you $200/month for food, then your income is actually $200/month.

As LadyInTheRed wrote, unless they're giving you money, then you don't count that as income. I too would consider an attorney or at least during a consultation ask the question about the income. You should not put your fiance's income on Line 10, because it is not income under the definition of current monthly income (CMI). If anything, you would include the "regular" payments on B22A Line 8. But that's only if you actually receive it; not your benefit from it. In other words, it's different if someone gives you $5 (regularly) to buy a sandwich versus (regularly) giving you a sandwich.

You may be confusing the "household size" calculation with how to calculate CMI.

[LadyInTheRed]

I have no way of explaining how I eat or where I live if I put zero income.

You don't need to explain how you eat or pay other living expenses on the means test. If the trustee asks you at the 341, you tell him you live rent free with your fiance and he buys you food. It is normal for a means test to show negative disposable income.