I've posted a few times about my questions relating to household size. The answer I got from the first lawyer I consulted with was very different from those I got on this forum. So, I have been talking to other lawyers, all in the same district. So far, no 2 lawyers have given me the same answer
Here's my question: I am a single mother and need to know if I can include my two sons, both in college, one 19, one 20 in the size of my household? The 19 year old goes to a community college, is not working, and lives with me. The 20 year old goes to school out of state and lives with me during his vacation time and over the summer, and works 15 hours a week at the school library. I claim them both on my tax return and both will live with me this summer and, hopefully, get summer jobs. Their father takes care of the bulk of their college expenses.
Lawyer #1 told me that I could not claim either one because they were not minors.
Lawyer #2 said I could claim the one that lives with me year-round, but not the other one.
Lawyer #3 said that I can claim them both, but I must also include any income that earn during the school year and over the summer.
Lawyer #4 said that I can claim them both, and do not need to include their incomes. (This lawyer comes from the most prestigious firm, and his fees are the highest.) He said that because they are full-time students and I am responsible for their well-being when they are not in school (I have to feed them and put a roof over their heads) they are a part of my household. Furthermore, because I am not responsible for ALL of their expenses (clothing, car insurance, gas, etc.) I don't need to include their income, as they have expenses of their own to pay.
What on earth do I make of this?? What do I do? It appears that there is no hard and fast answer to what I thought was a pretty simple question. Yet, if I file Ch 7 with a household of 1, vs. a household of 3 it make a HUGE difference. These 4 lawyers all work in the same city.
Now what do I do????
Kathy
Here's my question: I am a single mother and need to know if I can include my two sons, both in college, one 19, one 20 in the size of my household? The 19 year old goes to a community college, is not working, and lives with me. The 20 year old goes to school out of state and lives with me during his vacation time and over the summer, and works 15 hours a week at the school library. I claim them both on my tax return and both will live with me this summer and, hopefully, get summer jobs. Their father takes care of the bulk of their college expenses.
Lawyer #1 told me that I could not claim either one because they were not minors.
Lawyer #2 said I could claim the one that lives with me year-round, but not the other one.
Lawyer #3 said that I can claim them both, but I must also include any income that earn during the school year and over the summer.
Lawyer #4 said that I can claim them both, and do not need to include their incomes. (This lawyer comes from the most prestigious firm, and his fees are the highest.) He said that because they are full-time students and I am responsible for their well-being when they are not in school (I have to feed them and put a roof over their heads) they are a part of my household. Furthermore, because I am not responsible for ALL of their expenses (clothing, car insurance, gas, etc.) I don't need to include their income, as they have expenses of their own to pay.
What on earth do I make of this?? What do I do? It appears that there is no hard and fast answer to what I thought was a pretty simple question. Yet, if I file Ch 7 with a household of 1, vs. a household of 3 it make a HUGE difference. These 4 lawyers all work in the same city.
Now what do I do????
Kathy
Got to love family feuds
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