QUESTION
If I will be filing Chapter 7 should I count my boyfriend’s income because he is giving me regular monthly child support?
Asked on Mar 21st, 2017 on Bankruptcy - Wisconsin
More details to this question:
I will be filing Chapter 7 soon but I'm not so sure if I should count my boyfriend’s income at all. He and I have been together for 5 years and we have a 3 year old child. We don't live together anymore (he's working out of state), but we used to the first 3 years of the relationship. He gives me regular monthly child supports (verbal agreement only). Daughter and I are living or renting a room.
10 ANSWERS
Bankruptcy Attorney serving Cleveland, OH
at
Benson Law Firm
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You need not include the boyfriend's income but you do need to include the child support.
Answered on Jun 21st, 2017 at 1:12 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
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Since you're not living together, you're required to report only the amount he's paying each month as a voluntary child support.
Answered on Jun 16th, 2017 at 6:13 PM
Commercial Attorney serving Columbia, SC
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Gleissner Law Firm, LLC
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Yes, you should include the child support in your bankruptcy schedules. It should not affect your ability to file a Chapter 7. Further, if you fail to disclose the child support, even though it is not court ordered, this could be considered a false representation that could result in some rather harsh treatment.
Answered on Jun 15th, 2017 at 5:46 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
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Child Support has to be listed in the Means Test, but is then excludable from the Means Test so it does not count as income towards you. I always suggest FULL Disclosure of any and all income and following the appropriate methods of exclusion to stay below Median income.
Answered on Jun 14th, 2017 at 1:29 PM
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Yes, if he is paying you on a regular basis, you include that as income.
Answered on Jun 14th, 2017 at 1:29 PM
Yes, when you file any kind of bankruptcy you are required to disclose all sources of your income.
Answered on Jun 14th, 2017 at 1:28 PM
No, only legally married people need to report the incomes of spouses. You do need to report the money he gives you.
Answered on Jun 14th, 2017 at 1:28 PM
Debt Relief Attorney serving Anaheim, CA
Partner at
Marlin Branstetter Attorney at Law
All income must be listed.
Answered on Jun 14th, 2017 at 1:27 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Just add the child support on the proper form. Good to consult a skilled BR lawyer.
Answered on Jun 14th, 2017 at 1:10 PM
Certainly, you would count the child support in your budget and on the Means Test. I cannot figure out why you might consider including your boyfriend's income unless you somehow have control over it, but if you do, my hat is off to you!
Answered on Jun 14th, 2017 at 1:10 PM