means test

[getout]

Does a monthly pension check count toward a means test calculations. I will soon retire and hope to get a smaller income job to go with my pension. will they use the pension money to calculate my monthly earnings.


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[SMinGA]

Yes, it should count as income.

[getout]

it should ,as in you don't know the answer. I know that I will have to ask a lawler but I was just hopping somebody out there knew the definite answer.





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[ColoradoBell]

get out, I think SM was saying that yes, it counts as income.
However, I have trouble with this too, as alimony in my state cannot be garnished by creditors...it is exempt.

At the same time, it counts as income on the Means test.

I haven't asked yet whether it counts as income on the DMI, but I'm guessing that it does and therein seems to be a dichotomy.

[LadyInTheRed]

it should ,as in you don't know the answer. I know that I will have to ask a lawler but I was just hopping somebody out there knew the definite answer.





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(10A) The term “current monthly income”—
(A) means the average monthly income from all sources that the debtor receives (or in a joint case the debtor and the debtor’s spouse receive) without regard to whether such income is taxable income, derived during the 6-month period ending on—
(i) the last day of the calendar month immediately preceding the date of the commencement of the case if the debtor files the schedule of current income required by section 521 (a)(1)(B)(ii); or
(ii) the date on which current income is determined by the court for purposes of this title if the debtor does not file the schedule of current income required by section 521 (a)(1)(B)(ii); and
(B) includes any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor’s spouse), on a regular basis for the household expenses of the debtor or the debtor’s dependents (and in a joint case the debtor’s spouse if not otherwise a dependent), but excludes benefits received under the Social Security Act, payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes, and payments to victims of international terrorism (as defined in section 2331 of title 18) or domestic terrorism (as defined in section 2331 of title 18) on account of their status as victims of such terrorism.

http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000101----000-.html

[Floridagail]

I only had my pension income and it counted toward my income. I made below the minimum for my state income. so I qualifed for chpter 7.