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Determining the surplus income limit and my family size

For the purpose of determining the surplus income limit during bankruptcy, I need to know my family size. I am divorced, and my son lives with me 50% of the time. I pay child support, but it is offset based on what my ex would pay me. Am I a family size of 1 or 2?

One Response to “Determining the surplus income limit and my family size”

Jillian Taylor-Mancusi, Trustee | B.A. | C.I.R.P said...

Directive 11R2 of the Bankruptcy and Insolvency Act is intended to assist trustees in equitably and consistently determining the portion of the bankrupt’s income that should be paid into the bankrupt’s estate. This Directive also indicates what the criteria is for determining what constitutes a Family Unit as well as what is a non-discretionary expense. Both, your family size and your non-discretionary expenses play a role in calculating your surplus income requirement. Should you disagree with the surplus income calculation made by your trustee there are options available to you such as mediation. Since your situation is irregular you should contact your trustee directly to discuss your concerns.