Claiming tuition for unemployed spouse?

[coolmom04]

yet another question...

can my husband claim my tuition and books as an expense since I have no income and he pays for it? It averages out to about $100/month.

[ItsJustMe]

Are you filing together? We claimed my tuition/books (I am unemployed), but we filed together.

[coolmom04]

Are you filing together? We claimed my tuition/books (I am unemployed), but we filed together.

Oops.. sorry.. forgot to mention that. We are not filing together as of now. I filed BK in 2002, but can't remember when it was closed. If it has been 8 yrs, then I may go ahead and file again. I only owe on a few things, so I don't really know if it's even worth it for me to file.

[jribe]

i believe you can only claim it for dependents (children). I would check with a local attorney first..

yet another question...

can my husband claim my tuition and books as an expense since I have no income and he pays for it? It averages out to about $100/month.

[HHM]

You can "claim" anything, the real question is whether the trustee and court will accept it.

First, do you even need the tuition expense to satisfy whatever requirement you are trying to achieve (i.e. means test and schedule I&J). If the tuition is the only expense that puts you over, meaning satisfies the means test and without which you would be a chapter 13, then the trustee will object. If you don't need it, meaning, you would still show no disposable income, then don't worry about it.

[coolmom04]

Got it... thank you all We don't need it for me to pass the means test. The only thing I am worried about with regards to income is a bonus he received in June.

[StartingOver08]

Got it... thank you all We don't need it for me to pass the means test. The only thing I am worried about with regards to income is a bonus he received in June.

You won't have to worry about the bonus if you file in 2010 rather than this month. The income is counted for the 6 full months prior to the filing date.