Defining Family Size

Posted on March 30, 2006 by Kevin Chern Esq.

Jonathan Ginsberg raises the issue of defining "family size" for median income determinations on his bankruptcy blog. Ginsberg's experience with a dependent child in a non-custodial relationship seems to only scratch the surface of possible variations that might impact the definition of "family size": joint legal custody, split physical custody, college-aged children who live away from home during the school year...

Ginsberg suggests that there are no authoritative answers to these questions at present, leaving this one more area where BAPCPA invites complications, litigation, and inconsistency of application.

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