Keywords: support of family members . expenses . means test .
Not allowed for contribution to daughter, a college student who resided away from home; the family member to be supported must be both elderly, chronically ill or disabled and be unable to pay for expenses.
Means Test> Expenses> Expenses: Support for care of family members10 Cases , IssueID 44 |
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Ch 7 Means Test |
Ch 13 Means Test |
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Topic Description:the means test allows for expenses for care of family members, whether or not they are living with you. Lines of Cases:
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contribution to the support of a family member may not be deducted from the Debtors' CMI on line 40 of the Means Test unless that person is both "elderly, chronically ill, or disabled" and "unable to pay for such expenses."
The trustee objected to the debtor's listed exemptions, and the trustee and debtor settled the claims. The state of Washington collected child support payments (which the debtor expected), but in an unexpected way to the debtor. The debtor requested relief from the stipulated order, but the court refused the request. In doing so, it said, "While it appears the State of Washington's collection efforts altered which creditors will be paid by Trustee, the basic purpose of the Compromise remains intact: Trustee will use the $30, 000 to pay claims, and Debtor has had access to and use of the funds he received under the terms of the Compromise."
Motion to dismiss pursuant to Section 707(b)(2) was denied by the court. The debtor argued that her child care exenses were directly related to her income, so in averaging her expenses provided a clearer picture of her expenses relative to her income. The court agreed and it said:
"Form B22A specifically does not require a 'snapshot' of the debtor's child care expenses for a specific point in time, i.e. the month in which the petition was filed, but rather supports the conclusion that more than one period of time must be considered in order to implement the average calculation."
Food stamp overpayments held to be domestic support obligation, with priority status for repayment.
debtor allowed to deduct expenses for two cars because she left one for her father to provide child care for her kids while she went to work with the other car
Late fees imposed by family court to encourage timely payment were not in the nature of support.
The law in North Carolina allows debtors to exempt earnings from the 60 days pre-petition, as long as the debtors can show that the wages are necessary for the debtor's family's support.
Here, the debtor misstated the amount earned in the 60 day period (understating it), but the court found that debtors had simply made a mistake (and had not acted in bad faith). The law was construed in the debtor's favor and she was allowed to exempt the money.
Court found "reasonable" a $613 monthly support payment expense made to joint debtor's parents. (Joint debtor paid mortgage and property taxes for aged parents' home). Debtors demonstrated that this was an ongoing commitment and no alternatives were available.
Not allowed for contribution to daughter, a college student who resided away from home; the family member to be supported must be both elderly, chronically ill or disabled and be unable to pay for expenses.
Motion to dismiss pursuant to Section 707(b)(2) was denied by the court. The debtor argued that her child care exenses were directly related to her income, so in averaging her expenses provided a clearer picture of her expenses relative to her income. The court agreed and it said:
"Form B22A specifically does not require a 'snapshot' of the debtor's child care expenses for a specific point in time, i.e. the month in which the petition was filed, but rather supports the conclusion that more than one period of time must be considered in order to implement the average calculation."
Food stamp overpayments held to be domestic support obligation, with priority status for repayment.
debtor allowed to deduct expenses for two cars because she left one for her father to provide child care for her kids while she went to work with the other car
Late fees imposed by family court to encourage timely payment were not in the nature of support.
contribution to the support of a family member may not be deducted from the Debtors' CMI on line 40 of the Means Test unless that person is both "elderly, chronically ill, or disabled" and "unable to pay for such expenses."
The trustee objected to the debtor's listed exemptions, and the trustee and debtor settled the claims. The state of Washington collected child support payments (which the debtor expected), but in an unexpected way to the debtor. The debtor requested relief from the stipulated order, but the court refused the request. In doing so, it said, "While it appears the State of Washington's collection efforts altered which creditors will be paid by Trustee, the basic purpose of the Compromise remains intact: Trustee will use the $30, 000 to pay claims, and Debtor has had access to and use of the funds he received under the terms of the Compromise."
The law in North Carolina allows debtors to exempt earnings from the 60 days pre-petition, as long as the debtors can show that the wages are necessary for the debtor's family's support.
Here, the debtor misstated the amount earned in the 60 day period (understating it), but the court found that debtors had simply made a mistake (and had not acted in bad faith). The law was construed in the debtor's favor and she was allowed to exempt the money.
Court found "reasonable" a $613 monthly support payment expense made to joint debtor's parents. (Joint debtor paid mortgage and property taxes for aged parents' home). Debtors demonstrated that this was an ongoing commitment and no alternatives were available.
Not allowed for contribution to daughter, a college student who resided away from home; the family member to be supported must be both elderly, chronically ill or disabled and be unable to pay for expenses.
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