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Dependent Question

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Anonymous
Not applicable

Dependent Question

On the questionnaire from the lawyer it says to list any other dependents other than my kid. I have my fiance listed however, I have not claimed her on any past tax returns. If I file in January, will the court make me claim her on my 2015 taxes when i file?

Message 1 of 7
6 REPLIES 6
pizza1
Community Leader
Super Contributor

Re: Dependent Question

I would say if your finance' isn't claimed legally on your tax returns before, then no. Are you her sole provider?? If so, then Id be claiming her. Might difficult since you two arent married, but maybe someone else will chime in here who lives with their partner, but not married. I can reach out to a few that I know have this scenario for you, and they chime in too.

 

BTW...Welcome to the Forums! Smiley Happy

Message 2 of 7
Creditaddict
Legendary Contributor

Re: Dependent Question


@Anonymous wrote:

On the questionnaire from the lawyer it says to list any other dependents other than my kid. I have my fiance listed however, I have not claimed her on any past tax returns. If I file in January, will the court make me claim her on my 2015 taxes when i file?


This would be a question for your lawyer but I would not think you would list your Fiance at all UNTIL you are married... If you are not getting married until after Jan. I would not think she would be listed on your BK docs at all but again a perfect question for your bk attorney just to clarify.

I think the question is designed to track where your money goes if it's not all for you, why can't they help you not file bk or stop helping them so you can afford your life... but if all your money is going to you and your household that she happens to live in, I wouldn't think it would need to be listed unless she is giving you money towards the bills but that's more like roommate until married!

Message 3 of 7
Anonymous
Not applicable

Re: Dependent Question

Thank you. I am her sole provider, however I have not claimed her due to her going to college with financial aid. I'm not sure on this, but I didn't know I could claim her really on taxes since she is not my child or a relative.  However I do pay for all the expenses and she has 0 income. However in a bankrutpcy case, the number of people that live with me is 2. So including myself that would be Myself, Her, and Our Son(who i do claim on taxes). So 3 people in the household is how I am trying to go about this.

Message 4 of 7
pizza1
Community Leader
Super Contributor

Re: Dependent Question


@Creditaddict wrote:

@Anonymous wrote:

On the questionnaire from the lawyer it says to list any other dependents other than my kid. I have my fiance listed however, I have not claimed her on any past tax returns. If I file in January, will the court make me claim her on my 2015 taxes when i file?


This would be a question for your lawyer but I would not think you would list your Fiance at all UNTIL you are married... If you are not getting married until after Jan. I would not think she would be listed on your BK docs at all but again a perfect question for your bk attorney just to clarify.

I think the question is designed to track where your money goes if it's not all for you, why can't they help you not file bk or stop helping them so you can afford your life... but if all your money is going to you and your household that she happens to live in, I wouldn't think it would need to be listed unless she is giving you money towards the bills but that's more like roommate until married!


Thank you CA for responding in so quickly!! Smiley Wink

Message 5 of 7
Cheryla18
Established Contributor

Re: Dependent Question


@Anonymous wrote:

On the questionnaire from the lawyer it says to list any other dependents other than my kid. I have my fiance listed however, I have not claimed her on any past tax returns. If I file in January, will the court make me claim her on my 2015 taxes when i file?


All I know is that in the State of Kansas if you provide for more than 50% of that person's ove.rall financial support than you can claim them as a Dependent on your taxes.  Also i was told that doing the Means Test...that they include anyone in your household.....Also referred to as "Heads on Beds" Hope this helps

 

 

Current as of 3/21/18 EQ 609 TU 619 EX 628
Discharge 7/2016 Ch 7 BK
Message 6 of 7
MattP2144
New Contributor

Re: Dependent Question

You dont have to claim them on your taxes to claim them on your sheet for bankruptcy. They just use the heads to beds for the means test. i had my sister and nephew living with me when we filed and i put them on there everything went fine... lawyer said its anyone living in your house.. 

 

Message 7 of 7
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