can I count our daughter for the means test?

[sleeplessinohio]

We are eventually hoping to file chapter 7, as opposed to chapter 13.

I have questions about how to determine how many live in our household. On our W-2s we are a family of 3. However, our daughter also still lives with us. She will be a part-time student and age 22 when we file. Will we have to report any of her income as our income? She does not pay rent, nor contribute really to our household expenses. She pays for school herself. However, she does live here, eat here, shower here, does laundry here, etc. Since she does all of those things here, are we able to say on the means test that we are a family of 4?

Thanks in advance to anyone who can answer either of these questions. Your insight is very much appreciated.

sleepless

[Flamingo]

You have 4 people living in your household and her income counts as part of the household income. You cannot state you are a family of 4 without including her income. Your tax returns will show otherwise if you do not claim her as a dependent.

[dragonnfly]

This probally varies greatly from district to district. Would really be something to ask your lawyer. I know someone in NW Ohio that counted their 24 year old son who still lived with them. Even though he had graduated from college and they did not count any of his income. Our daughter is only 17 but they never asked about her income. Dragonnfly

[magyar123]

Yes you will have to include your daughter's pay in the total household income section of the means test - even though you can't really deduct her as a dependent on your tax return.