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Topics:

Keywords: means test . income . IRS standards . median income . household size . family size .

Topic #18:: Household Size & Joint Custody

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  • 2 Cases on This Topic
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Means Test > Household Size

Household Size & Joint Custody

2 Cases , IssueID 18

Ch 7 Means Test
Form 22A, Line 14b
Ch 13 Means Test
Form 22C Line 16b

Topic Description:

Whether you count your joint custody kid as part of your household because they don't have a column for 1.5 people...

Lines of Cases:

A:

Joint Custody: Count child if living with you on filing date

B::

Joint Custody: General Discussion

  • Type A = Joint Custody: Count child if living with you on filing date
  • Type B = Joint Custody: General Discussion
  • Type E = "Everything Else"
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Cases for Zip , California Northern District Bankruptcy Court

Ninth Circuit Cases

No Ninth Circuit cases in database on this topic

Other Circuits

� Johnson v Zimmer (in re Johnson)

4th Cir. - 2012 WL 2819463 - 2012-07-11 - ,

Google ID#: 10660620990994757805
(Type : )

"The bankruptcy court adopted a variation of the "economic unit" approach, first assessing the number of individuals whose income and expenses are intermingled with the Debtor's, and then calculating how much time any part-time residents were members of the Debtor's household. In adopting the "economic unit" approach, the bankruptcy court noted that the other two definitions were inconsistent with the purpose of the Code and were the least flexible in terms of adapting to an individual debtor's circumstances.

In deciding that part-time residents should count as part-time members of the Debtor's "household," the bankruptcy court acknowledged that "[d]ividing children into fractions is not ideal," but concluded that this additional step in applying the economic unit approach best "capture[d] the nuances of familial support and bonds" and enabled the court to "account for dependents who reside with the debtor on a part-time basis. . . in calculating variable costs such as food, utilities, and out-of-pocket health care expenses." (J.A. 98, 99.) In re Johnson, 2011 WL 5902883, at *2-*3.
....

Because Congress' intent will most often be best implemented through a definition of "household" that is based on whether individuals operate as a single economic unit and are financially interdependent, we conclude the bankruptcy court did not err in applying this method to determine the Debtor's "household" size. Accordingly, we affirm the order of the bankruptcy court.

AFFIRMED."

� In re Robinson

Banker. E.D. Va. - No. 10-34516-KRH. - 2011-03-10 - ,

Google ID#: 16961104441348960080
(Type : )

Court has this day entered an order requiring the Debtor to amend his form B22C to reflect a household size of three. This Memorandum Opinion sets forth the reasoning for the Court's decision and clarifies the "economic unit" approach the Court has applied to obtain this result

� Johnson v Zimmer (in re Johnson)

4th Cir. - 2012 WL 2819463 - 2012-07-11 - ,

Google ID#: 10660620990994757805
(Type : )

"The bankruptcy court adopted a variation of the "economic unit" approach, first assessing the number of individuals whose income and expenses are intermingled with the Debtor's, and then calculating how much time any part-time residents were members of the Debtor's household. In adopting the "economic unit" approach, the bankruptcy court noted that the other two definitions were inconsistent with the purpose of the Code and were the least flexible in terms of adapting to an individual debtor's circumstances.

In deciding that part-time residents should count as part-time members of the Debtor's "household," the bankruptcy court acknowledged that "[d]ividing children into fractions is not ideal," but concluded that this additional step in applying the economic unit approach best "capture[d] the nuances of familial support and bonds" and enabled the court to "account for dependents who reside with the debtor on a part-time basis. . . in calculating variable costs such as food, utilities, and out-of-pocket health care expenses." (J.A. 98, 99.) In re Johnson, 2011 WL 5902883, at *2-*3.
....

Because Congress' intent will most often be best implemented through a definition of "household" that is based on whether individuals operate as a single economic unit and are financially interdependent, we conclude the bankruptcy court did not err in applying this method to determine the Debtor's "household" size. Accordingly, we affirm the order of the bankruptcy court.

AFFIRMED."

� In re Robinson

Banker. E.D. Va. - No. 10-34516-KRH. - 2011-03-10 - ,

Google ID#: 16961104441348960080
(Type : )

Court has this day entered an order requiring the Debtor to amend his form B22C to reflect a household size of three. This Memorandum Opinion sets forth the reasoning for the Court's decision and clarifies the "economic unit" approach the Court has applied to obtain this result

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