Hi! I'm new here but have already learned so much by browsing, it's almost an addiciton. LOL! Anyway, I'm married filing separately and I'm wondering what exactly can be excluded from my husband's salary when I adjust for his salary? For example, he has a long commute to work. Can he include his gas and tolls which probably total over $400 a month? Thanks!
top Ad Widget
Collapse
Announcement
Collapse
No announcement yet.
married filing separately
Collapse
X
-
My understanding is you count the part of his income that contributes to your household expenses. Such as if you have $1000 rent and 750 groceries and $600 utilities, and you split them evenly, you'd count 1/2 of those from your income & 1/2 from your spouses.~Staci
Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)
-
Unless the spouses maintain separate households, 100% of both spouses' income must be reported on the means test and Schedule I (see the instructions on the forms). On the means test, you back out whatever income the non-filing spouse does not contribute to the household. There is no place to do that on Schedule I, so I don't know how that is sorted out on Schedules I/J. But Schedule J is supposed to include the expenses of the debtor's family, not only the debtor. I think the commute expense are probably considered a household expense. It makes sense because you would include your non-filing spouse in the size of your household and claim allowances for the operating and ownership costs of your spouse's car on the means test.
Schedule I: http://www.uscourts.gov/uscourts/Rul...006I_1207f.pdf
Scheudle J: http://www.uscourts.gov/uscourts/Rul...006J_1207f.pdf
Means Test: http://www.uscourts.gov/uscourts/Rul...B_22A_1210.pdfLadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!
Comment
-
Originally posted by LadyInTheRed View PostUnless the spouses maintain separate households, 100% of both spouses' income must be reported on the means test and Schedule I (see the instructions on the forms). On the means test, you back out whatever income the non-filing spouse does not contribute to the household.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.
Comment
-
If you live in the same household, yes, the trustee will probably want to examine her bank statements to verify that her income is what she says it is.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.
Comment
-
Originally posted by LadyInTheRed View PostOn the means test, you back out whatever income the non-filing spouse does not contribute to the household. There is no place to do that on Schedule I, so I don't know how that is sorted out on Schedules I/J. But Schedule J is supposed to include the expenses of the debtor's family, not only the debtor.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.
Comment
-
Originally posted by MSbklawyer View PostIf you live in the same household, yes, the trustee will probably want to examine her bank statements to verify that her income is what she says it is.
Comment
-
No, in a common law (non-community property) state, her assets don't figure into it. She could be as rich as Croesus without affecting your eligibility to file chapter 7. Even in community property states, assets that she brought to the marriage are considered separate property.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.
Comment
bottom Ad Widget
Collapse
Comment