Legal Question in Bankruptcy in Massachusetts

I need to file for Bankruptcy CH 7. For the Means test in Mass., can I claim my 2 kids that I am allowed to claim as deductions on my Fed tax by the Divorce decree? They live with their mother but I pay child support and the decree says I can claim them for tax purposes.


Asked on 12/04/11, 11:35 am

4 Answers from Attorneys

David Baker Law Office of David Baker

Interesting question. I have not read any judges opinion on this issue, bit my instinct us that the answer is no. I believe there are placed on the means test where child support payments are accounted for. I also think "household" means the peole living under the same roof. Good luck!

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Answered on 12/04/11, 12:03 pm
L. Jed Berliner Berliner Law Firm

Waffle, waffle. Here's the rule.

I gather that you are asking about household size and not getting means test credit for the amount of child support you pay.

Ignore the tax dependent deduction stuff. A child who lives with you more than two months in a year is part of your household and family for means test purposes, so check your calendar and count the days.

Don't practice law for yourself because you'll have a fool for a client. Hire a lawyer who gives straight answers and stands behind them.

For more free bankruptcy information, go to www.berlinerlaw.com and www.bankruptcylawnetwork.com

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Answered on 12/05/11, 7:37 am


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