married filing separately

[facinglife]

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!

[SMinGA2]

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.

[LadyInTheRed]

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.pdf

[MSbklawyer]

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.

Courts are divided on how much and what kinds of expenses you can back out on the marital deduction. Some are taking the approach that only necessary expenses and in reasonable amounts can be claimed. Others are much more liberal. It has yet to be hashed out at the appellate level.

[duraflame]

Curious as I'm married and will be filing separately from my spouse. We live in a non-community property state. We have no joint debt or checking/savings together. What besides her income would they need to look at? Will they want to check her own savings/checking accounts as well?

[MSbklawyer]

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.

[MSbklawyer]

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 put those expenses on Schedule J Line 17 other expenses -- non-filing spouses gambling habit, student loans, credit card payments or whatever it happens to be.

[duraflame]

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.

Do they have the same limits on non-filing spouses for bank accounts? She's been saving to buy a new house so she has money in the bank where as I don't even have an account with my name nor do we have k e together. We've only been married for about 8 months.

[MSbklawyer]

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.