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rules surrounding surplus

My wife and I are living under the same roof the house is under both names.we have 2 kids she wants nothing to do with me till i get my spending under control and get help, we have refin 2 times to get me out of my debt but this time i am on my own i have 45000 c/d debt we are more like roomates i pay 500 a week for me to live here and for the kids i take home 2800.Can i just use my own income for the surplus with out her income . we just live together for the kids and so the have a backyard to play in. if i do this i know she will not want anyting to do with it.if i have to use her income she takes home 2800 she will not give me money towards the surplus so i will not be able to paid it cause it will be to much

Posted from: Ontario

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One Response to “rules surrounding surplus”

Barton Goth – Goth & Company Inc. -Trustee in Bankruptcy said...

Legally you both live in the house, benefit from each others income, and support the children. Therefore you need to disclose total household income. The calculation begins with total household income and then factors out your percentage of the income, but her income will impact the cost of your bankruptcy somewhat.

Now you can choose to not disclose your income, but this must be noted on your bankruptcy documents and may result in your creditors opposing your discharge, so it is possible, but probably not the best way to proceed as more likely than not the court will impose some type of penalty.