“Household size” in the means test

When you file bankruptcy, one of the first tests done is to compare your gross income with the median income for the same household size.  But how is “household size” determined?

We start first with how many people live under the same roof.  This includes minor children, foster children, adult children, spouse, girlfriend/boyfriend, domestic partner, relatives, parents, etc.  We count as household members anyone that lives under the same roof as you and you have some relationship with.  We don’t include roommates unrelated by blood who are living under the same roof for purely financial reasons. The exception to this rule is patients who are in adult foster care for whom the debtor is the caregiver.  We count such patients as members of the household.

Sole or joint physical custody will make children part of the household. In some situations, we will also include children that a debtor has visitation with, but we look at those on a case-by-case basis.

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