Expert: Mark J. Markus- California Bankruptcy Attorney - 10/2/2008

Question
I have consulted an attorney about filling bankruptcy. He has informed me that
the laws state I have to include my domestic partner's income in my "household
income", even though Kentucky laws state there are no domestic benefits in our
state. I am confused how they can ask for us to do this, but not give us domestic
benefits?

Answer
To my knowledge, unless you are married (which can be done in some states now, but I doubt Kentucky) your income is treated the same way as you would having a roommate.  Basically, you are required to list the contributions made by the roommate (or partner) to the household expenses.  There's a lot more to this which is beyond the scope of this forum, but that is the basic answer.  I would keep trying to find an attorney that follows that concept.   Now, it is possible that there are court decisions in your jurisdiction which have altered what I said, but at least here in California, you would be treated like roommates, in general.  Usually I run the numbers both ways (as if you were married, and also as roommates) and if one turns out better than the other, I use that and argue that it's appropriate, but again, I'm in California and they're a bit more flexible out here about those things.