Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
How many are in your household?
1) What is your husband's gross annual income, and
2) how much does he pay for child support?
3) Is there any other income coming into the household? If yes, what and how much is it?
The only way your current husband's income would not be taken into account is if you were legally separated. This is in spite of the fact that there is a pre-nuptial in place, and in spite of the fact that you are keeping your assets and income separate.
In any event, with a household of 4 (the children who stay part time would not be included), you would not be able to file a Chapter 7 Bankruptcy with an annual gross household income of more than $61,836. This would include the child support payments you receive, and the child support payments that your husband pays would be subtracted.
I just carefully re-read the statute. You do not include the portion of your husband's income that is not contributed to the household. If he is keeping his money separate, that money does not count.
Additionally, when you consider your income, you are supposed to look at the net gross, which is the gross minus all business expenses (but before subtracting income taxes).
Since you bring in $50,400 from child support, if you can show only $11,436 additional net gross income from your practice and whatever money your current husband contributes to the household, it is possible to file a Chapter 7.
Whether or not you can file depends on the Idaho Means Test guidelines. The exemptions (Utah in this case) are the items you are allowed to keep when you file a Bankruptcy.
One other thing - when you take into account what your husband contributes to the household, that amount is not supposed to include what "was NOT paid on a regular basis for the household expenses of the debtor or the debtor's dependents". Bankruptcy Form 22A. In other words, any money your husband contributes to the household that does not benefit you or your children does not count.