Social Security ???

[NeedRelief]

My kids get social security every month. It comes to me for them. Their father passed away so it is survivors social security. Is this exempt or does it count as my income? Thanks for your help:-)

[woeisme]

I am about 90% sure that it is exempt. We also get survivors benefit for my stepson, as his mother passed away when he was 4 years old, and we gave that info to the lawyer and I think I remember her saying it didn't count, and I can't find it anywhere in the actual forms we filed. I don't say I'm 100% sure though because it might depend on how much they get (my stepson only gets $375/month, but there could be a limite to how much is exempted and he fell under that amount?) and of course the BK rules are so danged variable from district to district that it could be one of those gray areas that are interpreted differently by different districts, since I don't actuallly know whether it is specifically addressed in BK code or just a local practice thing? But anyhow, in our case, it was exempt.

[BKParalegal]

SS is never counted as income in the means test, but can on Schedule I, if it comes in your name. If it comes in the kids name then you don't have to list it.

Good Luck

[NeedRelief]

Thanks for your responses! It comes like: to "my name" for "child's name".

[arkienurse]

Thanks for your responses! It comes like: to "my name" for "child's name".

We were still receiving survivor benefits for our youngest son when we filed. It counted as our income, and was figured in when they set our payment plan, even though we were losing it about half way through the bk. We were getting 500/month.

[NeedRelief]

We were still receiving survivor benefits for our youngest son when we filed. It counted as our income, and was figured in when they set our payment plan, even though we were losing it about half way through the bk. We were getting 500/month.

Hmmmm.....guess I'll have to ask my attorney about this one Thanks for your responses!!