custody questions

[acth]

My wife and I are currently separated, been so for 5+ months. We're looking at filing divorce together, but I may need to file separately to qualify for a ch.7 as together we're above the median income and may have too much disposable income.

We have 1 child together, no divorce decree granting custody. I also have 2 children from a previous marriage, the divorce decree clearly states we have joint 50/50 custody and we alternate claiming taxes each year. Although I've let my ex claim them for the past few years b/c she qualifies for the EIC.

Which children can I claim when calculating my family size?

[Minnymouth]

This is probably something that you need to discuss with a attorney as he will be able to tell you correctly what your asking. I know child support payments/income enter into the picture when figuring your income/expenses.

Each state may vary on this procedure also..... so its best to ask an attorney.... in your area.