child support in tennessee & bankrupty [Archive]

Mommy22

07-10-2007, 08:11 PM

Just a few questions for the experts here on the board. I am a resident in Tennessee who makes approx 42000 a year. I am new divorced and loyally pay 1200 a mnth in child support which reduces my yearly income by arounf 14000. My ? is this. Will my income be based before the child support or after for the means test. Also the means test considers family member, if my wife has primary residental parenting do I still get to claim as a family of 3 if we have 2 children or will I just claim as a family of 1. Hope that makes some sense. Thanks so much.

lrprn

07-10-2007, 08:32 PM

Welcome to BK Forum - glad you found us!

Will my income be based before the child support or after for the means test. Before. The six-month lookback figure that used on bankruptcy forms is gross income from all sources.

Also the means test considers family member, if my wife has primary residental parenting do I still get to claim as a family of 3 if we have 2 children or will I just claim as a family of 1. Hope that makes some sense. Thanks so much. Depends on who will claim the children as dependents on their taxes - you or your ex. This may be stated in your divorce papers. If you claim both kids, then you are a family of 3. If you can't claim either child as dependents, then you are a family of 1.

In Tennessee, the median income for a family of 1 is $34,670. For a family of 3, it's $52,380. If your $42,000/year income is gross income, then you are right in the middle. You can likely file Ch 7 if you claim the kids and will likely have to file Ch 13 if you don't. But the only way to know for certain is to have a knowledgeable lawyer or paralegal complete the required Means Test and see how much (if any) disposable income it shows. You can try filling out the Means Test yourself (although the results won't be reliable) at http://www.legalconsumer.com/bankruptcy/bankruptcy-means-test.php?ZIP=70801#QuickTest . Scroll to the top of the page and enter your zip code to get some of the required information to autofill in for your state. Let us know what you find, ok?

Keep asking questions and reading posts here - we'll do our best to help you sort out what your options are.



	Bankruptcy Forum > Before the Discharge > Exemptions > child support in tennessee & bankrupty PDA child support in tennessee & bankrupty Mommy22 07-10-2007, 08:11 PM Just a few questions for the experts here on the board. I am a resident in Tennessee who makes approx 42000 a year. I am new divorced and loyally pay 1200 a mnth in child support which reduces my yearly income by arounf 14000. My ? is this. Will my income be based before the child support or after for the means test. Also the means test considers family member, if my wife has primary residental parenting do I still get to claim as a family of 3 if we have 2 children or will I just claim as a family of 1. Hope that makes some sense. Thanks so much. lrprn 07-10-2007, 08:32 PM Welcome to BK Forum - glad you found us! Will my income be based before the child support or after for the means test. Before. The six-month lookback figure that used on bankruptcy forms is gross income from all sources. Also the means test considers family member, if my wife has primary residental parenting do I still get to claim as a family of 3 if we have 2 children or will I just claim as a family of 1. Hope that makes some sense. Thanks so much. Depends on who will claim the children as dependents on their taxes - you or your ex. This may be stated in your divorce papers. If you claim both kids, then you are a family of 3. If you can't claim either child as dependents, then you are a family of 1. In Tennessee, the median income for a family of 1 is $34,670. For a family of 3, it's $52,380. If your $42,000/year income is gross income, then you are right in the middle. You can likely file Ch 7 if you claim the kids and will likely have to file Ch 13 if you don't. But the only way to know for certain is to have a knowledgeable lawyer or paralegal complete the required Means Test and see how much (if any) disposable income it shows. You can try filling out the Means Test yourself (although the results won't be reliable) at http://www.legalconsumer.com/bankruptcy/bankruptcy-means-test.php?ZIP=70801#QuickTest . Scroll to the top of the page and enter your zip code to get some of the required information to autofill in for your state. Let us know what you find, ok? Keep asking questions and reading posts here - we'll do our best to help you sort out what your options are.