What are the possible marital adjustment expenses for a means test?

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Question:

What are the possible marital adjustment expenses for a means test?

Answer:

When you file for bankruptcy, you must take the means test. The means test is intended to limit Chapter 7 bankruptcy to only those who can't afford to pay back their debts. If you pass the means test, you can use Chapter 7. If you don't, you must use Chapter 13 -- and enter into a repayment plan lasting three to five years -- if you want to file for bankruptcy. 

You pass the means test if your average income over the six months before you file for bankruptcy is less than the median income for a household of your size in your state. Even if your income is more than the median, you can still pass the means test if your disposable income (what's left after paying certain allowed expenses) is less than a minimum amount set by law. If your disposable income exceeds this amount, the court will presume that you have enough money to repay some of your debts and will force you out of Chapter 7. 

As you can see, the lower your income, the more likely you are to pass the means test. This is where marital adjustments come in: Although you must generally include your spouse's income with your own when taking the means test (even if you file for bankruptcy alone), you can make a marital adjustment if your spouse's income isn't available to the household. 

Generally, you must count your spouse's income towards the means test, whether you file for bankruptcy jointly or alone, unless you are legally separated and living apart. However, you can subtract any amount that your spouse doesn't contribute to the household. For example, if your spouse pays child support to his ex, you can subtract that amount as a marital adjustment. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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