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    Dependent Support and Care

    What are the requirements regarding including as a deduction the payments for the support and care of a dependent who does not live with you? For example, elderly parents who can't make ends meet without support from their children? To pay, say, $300 a month to them - what needs to be documented? Would the monthly checks and the dependent's names and address suffice? Has anyone had any experience with this?
    Filed Business Chapter 7: 7/11/07
    341 Meeting: 8/8/07 Asset Case
    US Trustee reviewed case/resolved 9/14/07
    Discharged: 10/11/07 Closed: 11/2/08

    #2
    Originally posted by Boscoe View Post
    What are the requirements regarding including as a deduction the payments for the support and care of a dependent who does not live with you? For example, elderly parents who can't make ends meet without support from their children? To pay, say, $300 a month to them - what needs to be documented? Would the monthly checks and the dependent's names and address suffice? Has anyone had any experience with this?
    Boscoe, when parents have a child in college who is living at college, then the latest banruptcy court cases are ruling that the parents can't count the college student's expenses into the parents' living expenses on the Means Test. I don't know if supporting your elderly parents who don't live with you would be considered the same way or not.

    Have you discussed this with a bankrtupcy lawyer? If you haven't retained a lawyer, then it's a good idea to arrange 3-4 free consultations with bankruptcy lawyers in your area and add this question to the other one you posted this morning about your second house. These are complex issues that need a good bankruptcy-specialty lawyer's opinion who is very familiar with the practices and culture of your local trustees and bankruptcy court.

    Please keep us posted on what you find out - good luck!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Ok, I will do that. This is actually an expense that would be used to determine disposable income. On the B22c form, it specifically states that such expenses are permitted. Now I know that different districts may interpret it differently, but that is what it says. Nowhere does it mention student expenses for college.

      If you have anything more to add, that would be great. And I will take your advice. Sounds like not alot of experience with this out there....
      Filed Business Chapter 7: 7/11/07
      341 Meeting: 8/8/07 Asset Case
      US Trustee reviewed case/resolved 9/14/07
      Discharged: 10/11/07 Closed: 11/2/08

      Comment

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