Tax expenses for Means Test

[needafreshstart]

I am a little confused on something. I just dropped off all of my financial info to a lawyer to calculate the means test for chapter 7. Here's my situation, I am going through a divorce. For tax purposes I will probably be filing Married filing seperately. For most of the year I was not having enough withheld for taxes because in year's past we didn't owe much. Now I won't have near the deductions as previous year's so I am going to end up owing the IRS when I file. The attorney I talked to said for calculating whether I can file chapter 7 and what a possible payment might be in 13 they only look at what was actually deducted in the last 6 months for taxes, not what my actual expense will be. I am having extra withheld now to catch up part of the shortage I know I will have. The difference between what I had deducted in the last 6 months and what I expect my taxes to be probably is a difference of at least $300 a month. Does that make sense that for taxes they look back at the last 6 months and not look at what your expenses will actually be? I know I am way over the median income for my state but with what was ordered for child support I will be close to qualifying for a chapter 7 after the means test. This tax issue could force me into a 13 though, unless I wait to file. I was hoping to file shortly and hopefully get a discharge shortly into the new year.

Thanks

[CATCHMEIFYOUCAN]

You haven't file yet ? Can you wait ? That extra you have withheld will be ok, less disposable income for Trustee to take. I boosted my 401k and my tax deductions plus some when I filed (Trustee couldn't tell me to change it). I will tell you though, I was in a 13 for several months than converted to Ch13 due to quitting one full time job. Taxes hit me hard, but it was the price I was willing to pay. I'd rather owe the IRS $5000 than have to pay the creditors back $65,000, you know !

Best of Luck, CMIYC