IfI have an adult dependent son, do I needdisclose his SSI as income in my bankruptcy even though he’s not a part of the filing?

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IfI have an adult dependent son, do I needdisclose his SSI as income in my bankruptcy even though he’s not a part of the filing?

I’m filing a Chapter 7 bankruptcy and have a developmentally disabled adult son living with me. He receives SSI benefits that I transfer into my checking account each month to pay for his clothes, food and entertainment.

Asked on November 26, 2010 under Bankruptcy Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When a debtor files bankruptcy, they must fill out what is called a "Statement of Financial Affairs".  On this statement, the debtor must disclose all the income that they have earned from employment (or the operation of a business).  They must also disclose to the bankruptcy court all income received from any other sources.  This includes all income, even that income which is exempt in bankruptcy such as Social Security and child support payments.  Since your disabled son's income is akin to "child support", you should disclose receipt of this money.  Additionally, the Trustee will have access to your bank account statements and the deposits for this money will be reflected on it.

Additionally, for a Chapter 7 filing, a "means test" must also be filled out by a debtor.  Included on this test is income derived from child support payments.  So, based on the reasoning used above, these payments should also be reflected there as well.

To confirm all of this consult with a bankruptcy attorney, or ask your Trustee.


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