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  1. #1
    Join Date
    Nov 2009
    Posts
    3

    Default Determining Household Size

    My question involves bankruptcy in the state of: California

    I am working with an attorney and hope to file a Chapter 7 bankruptcy.

    In determining my household size and median income, my attorney indicates that I can only use the number of people I claimed on my latest income tax return. I claimed a total of four people people on my latest income tax return (myself, my wfie and two children).

    But I have a total of nine people living in my house. I cannot claim all of the nine people on my income tax return because some of them have part-time jobs and make too much money for me to claim them. They DO NOT contribute any money to food costs or to upkeep of the house.

    How many people can I claim in determining my household size?

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Determining Household Size

    People who aren't your dependents, not so surprisingly, aren't your dependents. You don't get to bloat your way out of the means test by adding in house guests or boarders.

    If there are additional facts you believe are relevant that you haven't told us, now would be the time.

  3. #3
    Join Date
    Nov 2009
    Posts
    3

    Default Re: Determining Household Size

    Well, I did find this discussion on determining household size, which is why I raised the question:

    Determining Household Size

    "The size of your household is very important: The more members you have, the less likely it is that your income will exceed the state median for households of the same size, and the less likely you are to have to take the means test.

    For example, assume that your current monthly income is $6,000, the median income for a household of three in your state is $5,800, and the median income for a household of four is $6,500. Being able to count that additional person means you won’t have to take the means test.

    Unfortunately, neither Congress nor the courts have given clear guidance on how to calculate household size. Most courts adopt the census test for a household, which includes all of the people, related and unrelated, who occupy a house, apartment, group of rooms, or single room that is intended for occupancy as separate living quarters. Under this test, you can count your children or stepchildren even if they are not your dependents for tax purposes."

    This discussion appears to indicate that you claim people residing in your household for the means test even if you cannot claim them as dependents for tax purposes.

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