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    Confused about fiance situation

    I'm a little confused.

    I have so far seen 3 BK attorneys and they all seem to have different opinions on the situation with my fiance. My fiance and I have had a joint checking account (and also separate accounts) and lived together for many years. We would be considered married if there was common law marriage in our state. We basically share money and he is providing basically all of the support right now (from unemployment). We are both well below the median income.

    Here is what I am confused about:
    1. One attorney said I would need to provide his pay stubs in addition to mine.
    2. Another said I don't need any of his information.
    3. Another said I need to provide all his bank statements but not his pay stubs. He also said I would need to put his "support" into the means test, but not in any other part of the filing.

    So, I guess my question is: Why are they all telling me different things? Is there no set way to handle this type of situation?

    Thanks

    #2
    I live in IL and had lived with my SO 9 years before we were married.

    I qualified as a family of 4 (him + two kids) but because we were not married the trustee made my lawyer redo all of the figures and almost put me in a 13.
    Luckily I just barely qualified for the 7 but he was still able to make it happen with household of 3.

    The trustee will do whatever works for them in regards to your relationship with your spouse and your BK.

    My case was different because I had children. They would have asked questions about child support, etc. had I not mentioned my SO. It's best just to be honest. If you qualify for a 7 either way just give them his info. Since he does contribute to the household he needs to be figured into the numbers.

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      #3
      I definitely want to be honest, but the attorney I liked best said I didn't need his information which is why I am concerned. I just don't want to have to redo all the paperwork like you did or have the trustee think I'm trying to hide something and grill me because I chose the wrong lawyer.


      Originally posted by MrsDixon View Post
      I live in IL and had lived with my SO 9 years before we were married.

      I qualified as a family of 4 (him + two kids) but because we were not married the trustee made my lawyer redo all of the figures and almost put me in a 13.
      Luckily I just barely qualified for the 7 but he was still able to make it happen with household of 3.

      The trustee will do whatever works for them in regards to your relationship with your spouse and your BK.

      My case was different because I had children. They would have asked questions about child support, etc. had I not mentioned my SO. It's best just to be honest. If you qualify for a 7 either way just give them his info. Since he does contribute to the household he needs to be figured into the numbers.

      Comment

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