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Can they count Social security as income if.....

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    Can they count Social security as income if.....

    It is coming in someone else's name? It just hit me. DS will turn 18 in march. That means the check starts coming in his name, not ours, until he graduates in may. Yeah, big deal I know, 2 months. But will it still count as our income? Or do we still have to include it because he lives with us, and is under 18?

    Just curious.????

    Also, has anyone had experience with asking for a modification to help pay for college expenses not covered by scholarship or grants? The school he wants to go to doesn't offer full scholarships. And we make too much for financial aid, unless by some miracle they take the BK into account, which I doubt. He is looking at less expensive schools, but is still not likely to get a totally paid ride, no matter where he goes.

    Vicky
    Chapter 13 filed -8/12/04
    Plan approved- 7/11/05
    Date discharged--10-12-2007
    Date closed- 12/6/2007:yes2::yes2:

    #2
    The federal judges words in our final hearing were: "Are you court ordered to pay for your daughters college?" ( She already attends) our reply "No", his answer: "Then it is not a mandatory expense, it is a disposable income choice." That was 5 minutes before they told us they would dismiss if we did not convert to 13, and gave us 10 days to do so.
    Nice huh? Good luck.

    Comment


      #3
      If you include expenses for your son in your budget, then the SS income will probably need to be included also.
      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

      Comment


        #4
        doa, what bastards they are. some fresh start huh.
        Im not an attorney or a trustee. You cant trust me either though!

        [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
        [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
        [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
        [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

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          #5
          Unfortunately, in bankruptcy cases, expenses for your kids to go to college is not considered "household expenses/necessary expenses" - IT IS DISPOSABLE INCOME to the Court.....
          It is your choice to help pay your childs way thru college. Thus the Court says this is "extra income" that your have to pay your creditors (instead of a college)......

          And the Judge was correct in asking if it was "court ordered" - if so then it becomes an expense too you and is allowed.

          The Court is not going to let you pay for a college education for your children while discharging debts you owe creditors......

          Lots of kids would love to go to college - they just can't really afford too - and their parents can't afford to send them.....
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment


            #6
            Originally posted by Minnymouth
            And the Judge was correct in asking if it was "court ordered" - if so then it becomes an expense too you and is allowed.

            The Court is not going to let you pay for a college education for your children while discharging debts you owe creditors......

            Lots of kids would love to go to college - they just can't really afford too - and their parents can't afford to send them.....

            Yeah, that is what I was afraid of. I would even have been willing to add 2 more years to my plan if they would just drop my payment by a little per month- I can eat a lot of beans and cornbread if I have to. Oh, well. I pray he can get enough student loans to cover expenses at the college he hates. If he can get through 2 years, not only should he be able to file for aid on his own, we will be done with this horrible situation and able to help him out some.

            Vicky
            Chapter 13 filed -8/12/04
            Plan approved- 7/11/05
            Date discharged--10-12-2007
            Date closed- 12/6/2007:yes2::yes2:

            Comment


              #7
              How interesting that

              I found this thread.

              When we were in a consult with an attny last nite, he asked if we paid for our son to go to college. We did pay his tuition, books, and fees, last fall. It was with the understanding that this was to help him get started. He had already gotten a job, and he would save his money from there to pay for the rest as he needed to.

              I had gone thru and listed our monthly expenses from info I'd learned. How much for auto insurance, trash, etc. I didn't have son's college expenses on the list. That attny asked us how much we'd spent, took the $ amt we'd paid for son's college, divided by 12 and included it in our monthly expenses to determine if we'd go 7 or 13.

              I'm glad I saw this thread.
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

              Comment

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