Dependents and bankruptcy

If you pay 50 percent or more of the child's support, then yes. In either event, you still have to report you have a child in Sch. I, and in J you report how much you pay each month to support the child. If you have to ask this question here, you probably do not have an attorney. I would suggest you click on "Find a Lawyer" above and locate a bankruptcy attorney in your area to consult with.

You should use the "Find a Lawyer" tab above and search specifically for an Attorney in your area to ask this question. This issue has been raised in various jurisdictions across the Country, with differing conclusions. The fact that you indicate you "sometimes" claim him on your taxes, is the potential problem. Most jurisdictions have concluded that if you qualify to claim him as a dependent on the taxes for the year in which you are filing the Bankruptcy, you get to claim him as a dependent for Bankruptcy purposes. But, others have decided that if you are not the custodial parent, you don't get to claim him. Because the answer is based on the jurisdiction you are going to file in, you are best to rely on information from a local practitioner in the area. Sorry I can't be more specific. Best of Luck to you.

It does not matter in bankruptcy whether he is a labeled dependent. You get to deduct all reasonable living expenses (before seeing what might be left over for creditors) and money you spend on a non-residential child certainly counts. A separate question is whether he is a member of your household (and your attorney can explain why that may or may not be important). I use the Census's test of household members needed to spend at least 60 nights per yard sleeping in your home. Any more questions?