November 20th, 2008 by Questions
My marriage recently broke down. Our two dependent children ages 17 and 21 live between me and my ex, who lives at a walking distance. There is no schedule. If I were to file for bankcruptcy, can I include the children in the family unit for calculation of surplus income. Do I need any documentation to prove that they are part of my family?
Posted from: British Columbia
One Response to “Marriage breakdown”
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November 20, 2008 at 10:12 am, A licensed trustee said:
Unless you have custody fo the children you will not be able to claim them as dependents. If you have joint custody you may be able to claim one of them, although the 21 year old might present other concerns.
By no schedule, I assume you mean there is no support being paid in either direction. If you are paying support you will not be able to claim either child as the Court considers the payment of support proof positive that the other spouse has custody.