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    Disability & Child Support

    Are disability and child support payments treated as personal property that must be listed on schedule b then exempted on schedule c? Also must they both be included as income on the means test if the child support is only used for my daughter's clothing and day care?

    #2
    Child Support is considered Income.

    If the disability payments are from Social Security I don't think those are income but you need to ask a lawyer.

    11 U.S.C. 101

    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.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      Originally posted by vaslimkat27 View Post
      Are disability and child support payments treated as personal property that must be listed on schedule b then exempted on schedule c? Also must they both be included as income on the means test if the child support is only used for my daughter's clothing and day care?
      I know child support is considered income for the means test. If the amount you get varies, add up the amounts you've received in the previous six months and divide by six to get a monthly average. I believe you only need to list PAST DUE child support on Schedules B & C. I listed past due amounts owed to me on Sched. B on 17. "Alimony, maintenance, support, and property settlements to which the debtor is or may be entitled. Give particulars." Under description I put "Child Support Arrears owed for A.N.N. [child's initials], a minor child". I exempted this amount on Sched. C using my state's exemption for child support which in CA under System 2 is "Alimony, child support needed for support".

      Hope that helps.
      Last edited by jennordhavn; 03-18-2009, 01:35 PM. Reason: Formatting issues
      Filed Ch. 7 Pro Se: 12/11/08
      341 Meeting: 1/7/09
      Trustee's Report of No Distribution: 1/9/09
      Discharged: 3/10/09

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        #4
        That helps

        Thank you both for the replies. Jenn when I read yours a light bulb went off and I felt relief. The direct section from title 11 also explained alot. Sooooooo glad I found this site.

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          #5
          it all depends if you are above the median income... if you are, then SS and disability will put you at too much DMI... thats where im at...
          "it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane]

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