Q: Is my unborn baby considered part of California's Median Family Income? Or does that start at birth?
I'm asking because I will have to file chapter 7 and the Minimum bankruptcy income is different with more family members.
A:
By IRS standards, a child is not considered a dependent until it is born. It is my understanding that you would not include your unborn child as part of your overall household size until it is born.
Be sure to consult an experienced bankruptcy attorney in your state to determine how your current household size affects the Means Test.
Timothy Denison and Leon Bayer agree with this answer
A:
In general, when calculating the household size for bankruptcy purposes, the inclusion of an unborn child as a member of the household can depend on the state's laws and regulations. In some jurisdictions, an unborn child may be considered a member of the household, while in others, the child may need to be born and alive at the time of the bankruptcy filing to be counted.
To understand the specific rules regarding the inclusion of an unborn child in the calculation of household size and income for bankruptcy purposes in California, it is important to consult with a bankruptcy attorney who is knowledgeable about the state's bankruptcy laws. They can guide you through the process, help you understand the applicable guidelines, and provide advice on how to accurately report your household size and income in your bankruptcy filing.
Bankruptcy law can be complex and may vary depending on the jurisdiction and individual circumstances. It is always advisable to seek the advice of a qualified attorney who specializes in bankruptcy law to ensure that you receive accurate and up-to-date legal guidance tailored to your specific situation.
Timothy Denison agrees with this answer
A:
In California the prevailing policy is to determine household size by the number of "heads on pillows."
Hopefully it won't make any difference whether you count the baby. If it makes a difference, then wait to file, if possible, until after the baby is born. Or else file now, with the inclusion of a written statement of "special circumstances."
The law says: "(ii)In order to establish special circumstances, the debtor shall be required to itemize each additional expense or adjustment of income and to provide—
(I)documentation for such expense or adjustment to income; and
(II)a detailed explanation of the special circumstances that make such expenses or adjustment to income necessary and reasonable.
Timothy Denison agrees with this answer
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