QUESTION

Can my wife file for bankruptcy without using my income for the means test if we live in different households?

Asked on Aug 27th, 2013 on Bankruptcy - Texas
More details to this question:
If my wife and I are married but I live in a different state with a different address would she still qualify to file bankruptcy without having to use my income for the means test? I guess my real question is, is the separate household requirement meant to be separate households for separating couples or does it matter? I had to move for work and she chose not to move and stayed to be close to our daughter and granddaughter.
Report Abuse

5 ANSWERS

If you live in separate households, you use only your income.
Answered on Oct 07th, 2013 at 3:38 AM

Report Abuse
Bankruptcy Attorney serving Las Vegas, NV
2 Awards
If you are separated then she does not need to include your income nor you assets.
Answered on Sep 12th, 2013 at 12:51 PM

Report Abuse
David Thomson Egli
Your wife would not be required to include your income with hers for the means test if either you are legally separated or the two of you are living apart for a purpose other than evading the requirements of the means test. The fact that you moved for work and she stayed to be close to family should be considered a reason for living apart other that for the purpose of evading the requirements of the means test. On the Statement of Current Monthly Income and Means-Test Calculation form, your spouse should check box 2.b., for status as Married, not filing jointly, with declaration of separate households. By checking that box, she is declaring under penalty of perjury that my spouse and I are legally separated under applicable non-bankruptcy law or my spouse and I are living apart other than for the purpose of evading the requirements of 707(b)(2)(A) of the Bankruptcy Code.
Answered on Sep 12th, 2013 at 12:51 PM

Report Abuse
This is going to be somewhat a matter of local practice and rulings. Your wife should discuss this in detail with her bankruptcy lawyer.
Answered on Sep 12th, 2013 at 12:50 PM

Report Abuse
Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
Update Your Profile
I had clients who had long been separated & had disparate incomes. His contribution to her household was noted, but their incomes were not combined for means test purposes. However, if your intent is to someday reunite, I think you would get push back from your U.S. Trustee's office.
Answered on Sep 12th, 2013 at 12:50 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters