Question re: Married - Not Filing Jointly

[worrieddude]

I've decided that I will be filing BK in the next few weeks. It will be myself only and not including my spouse. She is also in debt but a lot less than what I owe so there is still hope for her.

I make less than the median income for Michigan but combined with hers we exceed it. In doing the means test further, the bottom line indicates says we passed the test.

My concern is my wife and I have always spent our income on our own. I've always paid for the everything in the house (mortgage, utilities, 95% of groceries), my car, my insurance. She pays for all her expenditures on her own. We have no kids and she barely spends anything for the house. We Basically we do not share our income with each other. Odd you might say but that has kept the issue of money from being an issue in our relationship. I'll also add that my current situation is not from lavish spending but due to a fall out with my greedy business partner.

We do not have any shared credit card or debt. We also do not live in a community property state. Since I will be filing on my own, will the BK Trustee ask for my wife's itemized expense schedule as well?

Thank you in advance.

[october99]

You are considered a 2 person household and the means test will be figured as such with both incomes. You can deduct her isolated expenses from your household income to include things like car payments and maybe even credit card payments. If you run the means test and select the married not filing jointly that section should appear for you to deduct that non-contributing amount. From everything I've read what's allowed varies by district so it's definitely something to discuss with a local attorney.

[debee]

I think this is something to discuss with an attorney too. Best of luck to you.

[newbie2]

I've decided that I will be filing BK in the next few weeks. It will be myself only and not including my spouse. She is also in debt but a lot less than what I owe so there is still hope for her.

I make less than the median income for Michigan but combined with hers we exceed it. In doing the means test further, the bottom line indicates says we passed the test.

My concern is my wife and I have always spent our income on our own. I've always paid for the everything in the house (mortgage, utilities, 95% of groceries), my car, my insurance. She pays for all her expenditures on her own. We have no kids and she barely spends anything for the house. We Basically we do not share our income with each other. Odd you might say but that has kept the issue of money from being an issue in our relationship. I'll also add that my current situation is not from lavish spending but due to a fall out with my greedy business partner.

We do not have any shared credit card or debt. We also do not live in a community property state. Since I will be filing on my own, will the BK Trustee ask for my wife's itemized expense schedule as well?

Thank you in advance.

Your wife will be able to give a list that is itemized of the bills she is responsible for (credit cards, car payments, etc). That will be deducted from her total income, and what is left is what will be considered "contributed to the household". Make sure though that you have her save credit card statements, etc, so that you can prove the amounts if need be.

Edited to add: This is what is allowed in the Eastern District of Michigan

[scorpion35]

You are considered a 2 person household and the means test will be figured as such with both incomes. You can deduct her isolated expenses from your household income to include things like car payments and maybe even credit card payments. If you run the means test and select the married not filing jointly that section should appear for you to deduct that non-contributing amount. From everything I've read what's allowed varies by district so it's definitely something to discuss with a local attorney.

u can't include credit card payments

[scorpion35]

Your wife will be able to give a list that is itemized of the bills she is responsible for (credit cards, car payments, etc). That will be deducted from her total income, and what is left is what will be considered "contributed to the household". Make sure though that you have her save credit card statements, etc, so that you can prove the amounts if need be.

Edited to add: This is what is allowed in the Eastern District of Michigan

not here in florida
u can't include her credit card payments,only car payments

[SunshineGal]

not here in florida
u can't include her credit card payments,only car payments

Sure you can. The non-filing spouses credit card payments go on line 17 under marital adjustments.

[newbie2]

u can't include credit card payments

I have a hard time believing that even in Florida the non filing person is not able to pay for their own credit card bills if their spouse files for bankruptcy.

[enuffznuff]

I think people are confusing what you can't include of YOURS with what you can't include of a nonfiling spouse.