February 24th, 2011 by Questions
why do i have to claim my common laws income on my bankrucpy when she is not filing
Posted from: Alberta
February 24, 2011 at 1:43 pm, Barton Goth - Goth & Company Inc. -Trustee in Bankruptcy said:
You don’t always have to list your spouse or common law parnter’s income when filing a bankruptcy. There is a small section of the Bankruptcy and Insolvency Act that provides an alternative. Should you “refuse to disclose,” their income there is a work around. There is an alternate way to calculate surplus income that ultimately does not include your partner’s income, but it also only allows you 50% of the threshold amount (i.e. if there are 2 people in the household your threshold amount pursuant to the Superintendent’s guideline is $2345.00, if you refuse to disclose then the number you would use is $1172.50).
I find that the problem with using this it your often end up paying more (sort of a penalty for refusing to disclose the information) but it is definately one option you can discuss with your trustee.
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