can I claim my kids on means test

[jarhead51]

in ohio and non legally seperated filing for bankruptcy prose by myself. can i claim my 2 kids on the means test for household size even though they dont live here all the time? I do pay monthly support and provide medical.

[justbroke]

Do you claim them on your annual tax return?

[jarhead51]

have only been seperated for 6 months now. so dont know what to do. have heard they go by the census heads on beds but dont know

[justbroke]

"Household size" in many Districts is the census definition. However, some Districts further restrict it a family unit occupying a household. A tax return that indicates that you claimed them in the prior year, is usually good enough to show that they are members of your household.

Would you say that they are mostly with you at your place of residence, or at the other parent's? I think this will be specific to your District, and that the United States Trustee (UST) may poke at it since they are non-resident.

Perhaps if you post your State, someone from that State can post with their experience regarding household size in that State.

[jarhead51]

in ohio... kids stay with me every weekend...at my wits end and just want it all to be over ugh last ? i need answered before i can file.. if i can claim them im gold if not im screwed....

[justfiveofus]

http://www.bkforum.com/showthread.php?t=33365

That might help you. The 10th post down a woman talks about her ex who filed. Hope that helps you some.

I would *think* that you could use them. Can you get a free consultation with an attorney? The attorney's around here will do a free consultation for prebankruptcy. Also, legal aid usually has attorney's to help and if your income is too high, here they were able to refer us to an attorney who charges 25 bucks per 1/2 hour for a consultation.