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Dependent Income Used in Means Test

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  • 09-15-2008, 01:33 PM
    cyclingone
    Dependent Income Used in Means Test
    My question involves bankruptcy in the state of: California

    Hi all:

    I will be filing chapter 7 in a week or so, but need the answer to the following:

    I live with my girlfriend who is permanently disabled (multiple sclerosis) and who receives $1231 a month from social security. We've lived together for almost 10 years and I claim her as a dependent on my income taxes. The $1231 is direct deposited in our joint checking account.

    She will also be claiming chapter 7 separately since we are not married and I believe CA doesn't recognize 'common law' marriages . We are jointly responsible for $30k unsecured debt and $19K secured debt. My first question is this:

    How do I use her S.S. income when I compute my means test? Remember, the money is co-mingled in a joint account, she's a dependent for tax purposes, and we are not legally married.

    My second question is:

    My income is all 1099 commission and I haven't made any estimated tax payments for 2008 as yet. When I complete schedule 'I', how do I show my net income? Do I show what the taxes would have been, and then show the net "after taxes"? Do I attach a note stating the facts about not paying the estimated taxes yet?

    Any assistance you can provide would be much appreciated.

    -Barry
  • 09-19-2008, 04:35 AM
    LawResearcherMissy
    Re: Dependent Income Used in Means Test
    Quote:

    How do I use her S.S. income when I compute my means test?
    It's my understanding that you only use that portion which she contributes towards household expenses (for example, what she pays for rent, utilities and such).
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