Expert: Mark J. Markus- California Bankruptcy Attorney - 12/2/2008

Question
We are filing for bankruptcy jointly. I am on disability.  Our son is in the process of appealing for ssdi due to multiple health problems since childhood. We used him as a house member in the means test, since we totally support him.  Since my SSDI doesn't count,we assumed our son's 300 in GAU finds wouldn't either. Our lawyer has pushed for a 13, since he says we are "close" to the median (6-7 thous) and that our son must stop his GAU, food stamps and Medicaid, or we will be forced to pay much more. We can't find ANY info on this, and we are 500 in the red every month now.  We have to have his medicaid as a supplemental to his dad's primary coverage. Do you know anything about this? Our lawyer is planning on filing this week, but I believe we are eligible for a 7, and will have a very hard time paying for a 13. We live in Wash State. Thank you very much. Debbie

Answer
I'm sorry, but what is "GAU"?   If that (and the food stamps/medicaid) is administered through the social security program/act then it is not income.  Otherwise, it would be income.  If you use the income to support your son (as opposed to it being set aside in a bank account for your son), then I think it gets counted as your income for means test purposes.  

Honestly, I'd have to research this to really get an accurate answer, but those are my thoughts based on the information you've provided.