Legal Question in Bankruptcy in Massachusetts
I have recently obtained a Divorce and I need to file for Bankruptcy. The Divorce Decree says I can claim 4 of my 6 children as dependents on my tax return. I have visitation rights with them but they live with their mother. How many people can I claim on the Means test for Chapter 7, myself plus my 4 dependents = 5, or only myself since my dependents do not actually live with me? Thanks Dave
1 Answer from Attorneys
Ignore the divorce decree and your tax returns. Use the Census' definition of household. Pull out a calendar and count up the nights that each child stays with you. If it's two months or more, then that child counts as part of your household.
This makes sense. A part-time resident child still needs to eat and be sheltered, which increases your living expenses.
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