If I will be filing Chapter 7 should I count my boyfriend’s income because he is giving me regular monthly child support? 13 Answers as of June 21, 2017

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.

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Benson Law Firm
Benson Law Firm | David Benson
You need not include the boyfriend's income but you do need to include the child support.
Answer Applies to: Ohio
Replied: 6/21/2017
Ronald K. Nims LLC | Ronald K. Nims
Since you're not living together, you're required to report only the amount he's paying each month as a voluntary child support.
Answer Applies to: Ohio
Replied: 6/16/2017
Gleissner Law Firm, LLC | Luke Gleissner
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.
Answer Applies to: South Carolina
Replied: 6/15/2017
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
All income must be listed.
Answer Applies to: California
Replied: 6/14/2017
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
You count the support you are receiving as income. You do not count your boyfriend's income. Before you file anything I suggest you see a local knowledgeable bankruptcy attorney for advice. Bankruptcy is fact specific law and is not something you want to jump into uniformed.
Answer Applies to: California
Replied: 6/14/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Just add the child support on the proper form. Good to consult a skilled BR lawyer.
    Answer Applies to: Wisconsin
    Replied: 6/14/2017
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    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!
    Answer Applies to: Nevada
    Replied: 6/14/2017
    Patrick W. Currin, Attorney at Law | Patrick Currin
    No, only legally married people need to report the incomes of spouses. You do need to report the money he gives you.
    Answer Applies to: California
    Replied: 6/14/2017
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    Yes, when you file any kind of bankruptcy you are required to disclose all sources of your income.
    Answer Applies to: Oregon
    Replied: 6/14/2017
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    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.
    Answer Applies to: New Jersey
    Replied: 6/14/2017
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You have to report the amount he sends you since you are living apart.
    Answer Applies to: California
    Replied: 6/14/2017
    Stephens Gourley & Bywater | David A. Stephens
    For the means test, you need to report all regular income that you receive. That is also true on Schedule I which is the income portion.
    Answer Applies to: Nevada
    Replied: 6/14/2017
    OlsenDaines | Rex Daines
    Yes, if he is paying you on a regular basis, you include that as income.
    Answer Applies to: Oregon
    Replied: 6/14/2017
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