support of a family member allowed as chapter 13 expense?

[Eemaw5]

I pay the rent and utilities for my son who has applied and been turned down for disability but isn't able to work. He was homeless for a short time until he used his savings to pay a year of rent on a small apartment. After that ran out, I began paying his expenses and have been doing so for over 2 years. I am wondering if a trustee would allow the expenses that I pay for him to be used as allowable expense in a chapter 13?

I'm also wondering how long I should wait to file after using credit to avoid any allegations of fraud or abuse.

Thanks

[Carmella]

The best thing is to meet with an attorney, well more than 1 attorney, and get their opinions on how it would work with your son's situation.

Does he have a diagnosis for a disability, but did not qualify for disability/SSI?

I mention meeting with more than 1 attorney so you can get opinions and find someone who you are comfortable with/has good reputation it makes a huge difference during BK 13. Look for a firm that has experience in BK in the area where you would file.

[justbroke]

I'm unsure if a Trustee would allow that unless the child is in college and under the age of 26. It would probably be more justifiable if the child lived in your home and you paid his non-housing expenses. I just say this because my Trustee questioned that my 24-year old stepson was living at home and in college. They specifically asked when he was going to graduate.

Now, while you will be questioned, it's perfectly fine to support a relative (especially a close family member).

Disability is tough to get and he may need a disability attorney just for that; they work on retainer.