Would spouse filing separately be better with my SSDI income?

[mom2crazies]

I posted a very similiar question on the ch. 7 thread, but because this is regarding schedule I and J and we are looking at possibly being forced to convert to a 13, it might be a better fit here.

I am looking at trying to see what I can do regarding the SSDI income that myself and my children receive, because it sounds like they will be figured into a repayment plan if we are forced to convert and let's just say worst case scenario will happen and they are figured in.
(because worst case scenario has already been happening for 2 1/2 years.)

Anyway, I was looking at the means test and noticed a couple of interesting things:

Line 17: If you are married, living together, but filing singly:
Enter the portion of your spouse's income that was NOT used for your support
or the support of your dependents

If this is the case I wonder if it would be better to have my husband file by himself. I keep mine and my childrens accounts with our SSDI completely separate. I could easily put a large portion of my SSDI (if not all) in this field because it is not used for support for him and our dependants.

Also, I am wondering if this will help regarding my children's income (their money should already be exempt because it is "disability for dependants" in 1325, but we know that the courts are finding a way around that):

Line 8: Regular contributions to the household expenses of the debtor or the debtor’s dependents, including child or spousal support.

Note: If you are sharing a household with one or more roommates or a domestic partner, you must include here all amounts that other members of the household regularly contribute to rent, house payments, or other household expenses.

I do not use any of my childrens income for "household" expenses. Their income is kept completely separate and is used only for their needs (college, lessons, etc.) I do not co-mingle it, either. So, I can show that it is not used to help with rent, or utilities, etc.

Also, I wonder if it would further be excluded because it is income related to me and I wouldn't be on the bankruptcy petition.

Is there something I am missing?

[lrprn]

You have a complicated situation and even with the information you've provided so far, it's not possible to say "file alone" or "file together". There's just too many unknowns. \

If you haven't set up free initial consultations with at least 3-4 experienced bk attorneys in your area, it's time. Start setting up those appointments and take all the questions you posted here along with a detailed listing of your financial situation (assets, loans, taxes owed, and unsecured debt) and find out what the best options are for your family in the long run. Good luck, and please keep us posted about what you find out.

[mom2crazies]

I sure will. The plan as of now (after several weekend emails and phone calls between my attorney and I) is that we are going to go for the 7. If they try to push us into a 13, we may "convert" if they refuse all of our evidence and if the payment plan is too high and they don't disqualify my SS income, then we will dismiss and my husband will try to single file a 7 and then 13 if that doesn't work (since my creditors can't get judgments or garnishments from me)

This could change depending on appeals, etc.