Means Test Constants And
Variables*
|
The
means test requires the application of a series of numbers. The
debtor’s “current monthly income is one-sixth of the last six months income the
debtor received from all sources. Deductible actual expenses include reasonably
necessary health and disability insurance as well as health savings accounts
for the debtor and dependents of the debtor. Also deductible are expenses
incurred to maintain safety from family violence under §309 of the Family
Violence Prevention and Services Act. Deductions also are allowed for the cost
of administering a chapter 13 case (up to 10 percent of projected plan
payments), the actual expenses for the care and support of elderly, chronically
ill, or disabled household members, and the actual
elementary and secondary school expenses up to $1,500 per dependent child under
18 years of age. Each of these figures comes directly from the debtor and the
debtor’s financial history. Other
numbers will come from external sources including the census bureau and the
Internal Revenue Service. Among those numbers are:
·
Median
Family Income by State and Number of Persons in Household (1999) (from
·
The above median income must be adjusted for the time
of filing using the
Consumer
Price Index. For example, for a filing in 2005, you would have to adjust
through 2004.
·
IRS
Standards for Allowable Living Expenses by Number of Persons in Household
(may be increased for food and clothing by up to 5%)
·
IRS
Housing and Utilities Allowable Living Expenses by State/County (may be
allowed at higher, actual rate upon demonstration that actual costs exceed IRS
allowances)
·
Allowable
Living Expenses for Transportation by Region * These links and the categories of income and expenses set out above are illustrative and do not constitute the entirety of the means test. You should consult the Code for other aspects of the means test.
|