two questions?

[tofu4you2]

#1 In the means test when it says add $6900 for each family member over 4....what ages do the children need to be. We have 6 children ages 10, 13, 16, 18, 21, and 24. The last one is married, and the next oldest two are in college. How does that work?

Also...we just got our tax refund- about $7000. How much can I spend before I file. I spent about $1000 stocking up on groceries, going to the eye doctor, reg. doc. etc. Can I fix my cars? Most importantly can I spend 2400 on my son's next falls high school tuition. I am so afraid that after we file I won't be able to send him to school. Please need advice. Thanks to so many that have helped so far.

[Flamingo]

1. The children you claim as dependents on your tax return are the children you list. If they are in college and are still your dependents, you list them.

2. You don't state when you plan to file. If it is within the next six months, keep receipts of what you spend from your refund just in case there is an issue as to that amount. If you are planning on filing Chapter 13, get those cars repaired and take care of anything that needs to be repaired in the house. Do not purchase luxury items or use the money for trips/vacations. I am not certain if there will be an issue if you prepay tuition for your son - maybe someone else will know more about that and can help you.

[lrprn]

#1 In the means test when it says add $6900 for each family member over 4....what ages do the children need to be. We have 6 children ages 10, 13, 16, 18, 21, and 24. The last one is married, and the next oldest two are in college. How does that work?

If the children are living at home, then you can list them all. There have been some trustees who object to including children who are living at college most of the year, so you need to discuss this with a local bk lawyer who is very familiar with how the trustees in your local court decide abou family size, especially with your older children.

Also...we just got our tax refund- about $7000. How much can I spend before I file.

Spend all of it that you can't protect with your state's exemptions. Again, confer with a local bk lawyer to find out what kinds of expenses the trustees in your area will find acceptable. And keep all the receipts for whatever you do spend.

Most importantly can I spend 2400 on my son's next falls high school tuition. I am so afraid that after we file I won't be able to send him to school.

Depends on how you make this kind of advance payment months before it's actually due. First find out from the educational institution if pre-pays like this are possible and what the procedure is. Then discuss doing it with your lawyer to make sure imaking the payment will be ok without being considered a preferential creditor payment by your trustee.