If the means test looks backwards, can I....

[sillywalks]

Can I use a household of 2, since my son is only moving out in January, and he has lived with me up until then? Can I use the household of 2 numbers on the Schedule I?

Thanks!

[keepinitreal]

If you file and he's still living with you, then it's legit. You can't predict what he's going to do in the future. He may think he's moving out in the near future, but today he's living with you. It will help if you claimed him on your income tax return for 2009.

If you file after he's moved out, all bets are off

[sillywalks]

I will be claiming him on my 2009 taxes, but I will not be filing until he is gone. However, he would have lived with me for 5 1/2 of the 6 months before I file -- is there a way I can account for that on Schedule I and the means test?

I'm wondering because I is the 'backwards look', and the means test is all about the past 6 months -- so shouldn't his living with me count in my favor for the time he was with me? I understand that going forward, it would not count (schedule J), but it seems it should on the look back?

[tcreegan]

Hi again sillywalks,

Since your son is under 24 and a full time college student he counts in your household size, both backward and forward looking! The UST uses IRS guidelines and the IRS says time spent away at school is "temporary" and not used to determine dependency. He's all yours, count him in

Tom in Colo

[sillywalks]

Really? That would be super fabulous! ...Is that true even if he is going to school within 30 miles of home?

If this is the case, I will have to beg your wife's forgiveness, and send you a big ole' mushy kiss! lol

[AngelinaCatHub]

You have spent money on his residency so you could count it. Believe me, if he is only 30 miles away, he will be home more than you think after the "newness" wears off. You sill still be spending money on him in college. Tom is correct as he is still under your wing until 26 or he drops from college. 'Hub

[sillywalks]

That is amazingly good news! That takes a lot of stress off me, because I easily make Chapter 7 as a two-person household! Thank you!

Yes, he has already promised to bring his laundry home and told me not to plan on spending less on food. LOL He works part-time near the house, so I imagine he will forage in my kitchen often. I've already threatened him about swiping my pots and pans! LOL

[drowning123]

Sounds like you have a good son and a great relationship. Good luck with everything.

[sillywalks]

Thanks, drowning. He is at times my biggest aggravation (he takes messiness to a whole new level and is off the scale ADD), but I really like him as a person. He is becoming a good man! I'm very lucky. I think I'll like him even more when his mess is not in my house! LOL

K

[celrelief]

Regarding household size, I know someone who filed Chapter 7 recently even though his income was way over the median. He's single, but he listed his adult, non-disabled, non-dependent brother (who's his roommate) as a dependent and said that his household size was 2 instead of 1. He showed that he paid the total amount of all of the bills, even though I know that the brother pays half of everything in reality. Is this legal?? It kind of makes me mad because I'm sweating being able to declare Chapter 7, even though I'm unemployed, when he makes way over the means test income, but appears to have slid through with no problem.

[tcreegan]

Hi again celrelief,

Got to remember this is BK law we deal with....almost, but not quite as quirky as IRS code...

Saw a case where two roommates, not related, each w/ separate lease, rented a house. Guess what...household of 2

To be legal, if your esteemed friend used all the household expenses in his BK, all the brother pays should have been counted as income.

Oh well, maybe set-up a dart board w/ his picture on it.....

Tom in Colo