Few quick means-test questions

[Runnin on empty]

1) If one passes the median income test for their state but still has $100 or more expendable income a month, can/will a trustee force them into a Ch 13?

2) How is the number of persons in a household calculated? I ask because I have a son from a previous relationship that I have joint-custody of (nothing official, we've never went to court, just decided on our own what was best for him). She claims him every year on her taxes, but since we have joint custody, how will they look at that? I do provide everything that he needs (glasses, clothes, medical insurance, medicines), basically everything but pay the rent on her apartment and the food he consumes while he is with her.

TIA.

[jal1129]

Typically whoever claims the child on the taxes is the same way it will be filed with bk.

[Runnin on empty]

So I'd have to wait a whole year and file taxes, then file...

I can't do another year of this...

[lostinmich]

You could have her file an amended return and you could claim your son. I'm sure you'd have to work out something on the side where you'd make up the difference in tax return. Of course you can't be giving anyone preferential payments. ;)