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.
4 Answers from Attorneys
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!
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.
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I have recently obtained a Divorce and I need to file for Bankruptcy. The Divorce... Asked 11/11/11, 12:48 pm in United States Massachusetts Bankruptcy Law