kiddles
08-16-2007, 05:10 PM
Does anyone know if adoption subsidy if considered exempt or not?
One place says child support doesn't count as income in determining disposeable income, but certain governmnet payments do. How is the subsidy treated?
You need to understand that there is a difference between assets and income
Assets can be exempt. Income is not exempt, per se.
Actually, child support IS used in determining disposable income. ALL sources of income/earnings are considered when determining disposable income. What is exempt regarding income is your "right to receive" that income. Your creditors, and the trustee, cannot interrupt your right to receive child support, SSI, adoption subsidy, etc...but when it comes to determining your gross income for purposes of the means test and chapter 13, ALL sources of funds are included.
kiddles
08-16-2007, 06:16 PM
THanks! Let me make sure I got what you're saying ......
Include it as income on the Means test (B22A), but don't include it as income on the Schedule I.
It counts in terms of the means test, but not in terms of figuring disposeable income.
Or am I confused still?
:)
Nope, that is not what I said, it counts for both.
kiddles
08-17-2007, 05:26 AM
OK. I got it now. Crap! I could have sworn I read something that said child support wasn't counted somewhere. Maybe I was dreaming it - I've been having the BK dreams already.
Thanks!