Need guidance

[Msangels4]

I am a single mother of 5 children, just recently divorced, making 42,000 a year , I have 75,000.00 in debt from previous marriage, my new boyfriend makes $ 70,92800 a year but doesnt feel that he should pay any of my previous life. Which I agree, we live to gether, so I was told that I have to list his income with mine. I need to claim bankruptcy!

What do I do?
do I kick him out of his own house, until my bankruptcy is over?

Or Do I not claim him at all as part of my income? (That would be lying because he does live with me)

What do I do?

He supports a previous family to, which causes that income to drop to $ 54,742.00.

[Princesskina]

Well I understand it will be lying but ummm who will really know?....

I mean I would just claim myself and 5 kids but if u claim he's in the household then add him if u want to be upfront about everything but can u really add his income cause legally who's to say your BF should support anything more than himself?...

hmm its up to u but I say dont add him it's not like the trustee is coming to ur house.

[henkesj]

I do not know if it was legal, but I did not include my parents income with my "household" income. I am 23 and live with them but I pay rent to stay at their house. I was still listed as a dependant on my parents taxes and it showed this on my tax returns as well. The trustee did not even question me about it.

[FoolAndHisMoney]

I am a single mother of 5 children, just recently divorced, making 42,000 a year , I have 75,000.00 in debt from previous marriage, my new boyfriend makes $ 70,92800 a year but doesnt feel that he should pay any of my previous life. Which I agree, we live to gether, so I was told that I have to list his income with mine. I need to claim bankruptcy!
What do I do?
do I kick him out of his own house, until my bankruptcy is over?

Or Do I not claim him at all as part of my income? (That would be lying because he does live with me)

What do I do?

He supports a previous family to, which causes that income to drop to $ 54,742.00.

Who told you that a lawyer? I don't think you have to include his income unless he's supporting you. The household income is mostly used for the median test where a married couple not filing jointly must combine income to determine if they are over or under the median for their state. After the median test is done the marital adjustment is where the non filing spouse just has to list the income they actually contribute or give to the filing debtor.
In your case if you are paying the rent or any other bills and receive money from your boyfriend then you would have to list what he gives you on line 10 on the means test and count that as income. If you don't receive money from your boyfriend then you don't have to list it as income. Hopefully you aren't receiving anything from him and depositing it in the bank. Our government doesn't really recognize significant others as spouses, hence the gay marriage debate.
Very important not to lie about anything!!! No matter how small they take no prisoners when you lie. You can be honest and get your discharge. Just keep doing research.

[Princesskina]

BTW my s/o has opened me a checking and savings acct so I can have another acct to use so they wont take my money.

[poorme]

I agree with the Fool - there are lots of married, two-income filers where one spouse files and the other doesn't. Leave him out of it. (Sorry Fool - no slang intended!)

[Msangels4]

Dont they check tax returns?? All his bank accounts and bills still go to his parent house

[SinkingFast]

You shouldn't have to claim his income with yours, but,.......... There probably are expenses that he does contribute to or pay totally, that you might not be able to claim.

Say he pays the electric bill. You couldn't really claim that expense as you aren't paying it. Does he pay half for groceries? If he does, then you'd have to deduct his part from what you spend on food.

So Beyond Broke dealt with this exact situation. SBB has kids with a live in SO. And, SBB filed Pro Se. Maybe SBB will chime in for you.

Truthfully, tho, just a quick scan of the Median Income Chart at the DOJ,........ There isn't a State or Territory with a $42,000 income level for a family of 6. You should easily pass the Means Test, just on income vs family size alone.

http://justice.gov/ust/

You shouldn't have to worry about hiding anything from the Court.