Should I put down my unemployed boyfriend in my paperwork?

[ACER9103]

I am about to file chpt 7, and in the paper work it asks about the household members. I live with my boyfriend of 7 yrs, and our 2 children. We are not married, so do I need to put him on the paperwork as another individual in the household, or will they begin to ask questions about why he is not contributing? Will this hurt my case?

[scorpion35]

u can't because he is not contributing and you're not married

[ACER9103]

Okay, only other question is the electric is in his name, will this be a problem. we both are on the lease, and we have to have electric in the home, but account is in his name, will this be a problem?

[scorpion35]

Okay, only other question is the electric is in his name, will this be a problem. we both are on the lease, and we have to have electric in the home, but account is in his name, will this be a problem?

not sure if u can use as your expense for means test calculation

[ACER9103]

Hmmm, Thank you, I really need to check into this. I appreciate the info.

[debee]

You need to talk to your attorney to find out how "household" is defined in your jurisdiction. It varies. You could be a household of three or four.

Household size is important on several levels: First, you have to determine whether your household income is above the median in your state for your household size. Having an extra household member is a good thing here because if you're under median, your case receives less scrutiny and you don't have to bother with the means test.

Also, the expense amounts you will be able to claim in your filing depend in large part on how many people are in the "household". The more people, the higher the allowed expense. If your bf is part of the household, you get to claim his bills as a household expense. The downside of being able to claim his expenses is that you also have to claim his income. However, if he has none, you get the best of both worlds.

The fact that he has no job is irrelevant. Lots of people with only one working "spouse" file successful chapter 7 bankruptcies. In your case, he's like a housewife just with very hairy legs.

There are some great FL folks posting to this forum. Hopefully they'll see your threads and chime in with some FL-specific info for you. Good luck.

[ACER9103]

Thank you, I needed the info, and the laugh=)

[debee]

The joke might be the best part of my post. The issues when determining household size and filing with only one 'spouse' and the implications for joint debt/joint assets, etc and what you can claim and what you can't, etc get complicated. Hopefully you are getting a better idea of what questions to ask your attorney next. The sooner you know your household size, the better. You'll want to research the means test (if it's in your future) and prep you schedules I/J. The more you know going in, the more likely you are to have a successful chapter 7. Good luck!

[ACER9103]

Yes, thank you, I just sent a long email to my attorney with a bunch of questions. Thank you

[tcreegan]

In your case, he's like a housewife just with very hairy legs.

..good one debee!!

Just saw this today, from http://www.abja.org/Newsletters/BTBMay2010.pdf

Official Forms 22A and 22C are amended to delete several references to “household” and “household size” and replace
them with “number of persons” or “family size.” ...effective December 1, 2010

Seems to be a decision to use the census "heads on the beds" instead of the IRS 'who is a dependent' method.

BUT...you still cannot file a joint petition unless you are actually married. DoJ still not onboard with civil unions or common-law marriage.

In your case ACER, you count him as a household member and anything he contributes to the household expenses on a regular basis is included in your income. His name on the electric account is a non-issue, doubt it will even come up. If he pays the bill, it goes onto your income and comes off as an expense. If you pay it, it is just an expense.

Good luck with your filing!

Tom in Colo

[Beeheery]

Ugh! Now I'm confused with this new rule in Dec. I was under the impression that I did not have to include my roommates income because he doesn't declare me as a dependent on his taxes. He just lets me live here rent free in his spare bedroom. He never gives me money directly but has paid my cell phone bill a few times when I haven't made enough $$ on eBay to pay it myself. Will I now have to use his income along with my eBay income since we are 2 persons living under the same roof? He makes over 100k a year currently. I made less than 8K in 2010. If I do have to include him now, can he start making much bigger payments on his credit cards/student loans so that there is less disposable income? He has A LOT left over each month because he lives very simply. Thank you!

[debee]

I was under the impression that I did not have to include my roommates income because he doesn't declare me as a dependent on his taxes.

You're correct. It's right on the form that the "applicable number of persons" is the number that would currently be allowed as exemptions on your federal tax return plus any dependents that you support.

Household size has only been eliminated from Part A of the B-22 where standard allowances are calculated. Other sections of the form still refer to "household size". Also, the statutory language in 707(b)(6), still refers to debtors whose income is less than the median state income for a “household” of that size.

You can review the form here: http://www.uscourts.gov/uscourts/Rul...B_22A_1210.pdf

EDIT: Look at line 14 and line 19.

[Detroit]

I included my unemployed fiance with no problems, and it helped with the means test. I also included some of his expenses that I was paying that my attorney felt she could argue as "important to the proper function of the household" (ie, his car payment, gas, insurance).

She and her law partner did have some discussions about it initially and she told me they were 98% sure it wouldn't be a problem. Given the probability, I took that chance and don't regret it - it was never raised as an issue.

I do find the discussion about the 12/1 change interesting, however, and wish you the best.